8 ATTACKS ON A MAN'S BELIEF [1776 the uneasiness which you feel. Every man who attacks my belief, diminishes in some degree my confidence in it, and therefore makes me uneasy; and I am angry with him who makes me uneasy. Those only who believed in revelation have been angry at having their faith called in question; because they only had something upon which they could rest as matter of fact.' MURRAY. It seems to me that we are not angry at a man for controverting an opinion which we believe and value; we rather pity him. JOHNSON. 'Why, Sir; to be sure when you wish a man to have that belief which you think is of infinite advantage, you wish well to him; but your primary consideration is your own quiet. If a madman were to come into this room with a stick in his hand, no doubt we should pity the state of his mind; but our primary consideration would be to take care of ourselves. We should knock him down first, and pity him afterwards. No, Sir; every man will dispute with great good humour upon a subject in which he is not interested. I will dispute very calmly upon the probability of another man's son being hanged; but if a man zealously enforces the probability that my own son will be hanged, I shall certainly not be in a very good humour with him. I added this illustration, ‘If a man endeavours to convince me that my wife, whom I love very much, and in whom I place great confidence, is a disagreeable woman, and is even unfaithful to me, I shall be very angry, for he is putting me in fear of being unhappy.' MURRAY. But, Sir, truth will always bear an examination.' JOHNSON. 'Yes, Sir, but it is painful to be forced to defend it. Consider, Sir, how should you like, though conscious of your innocence, to be tried before a jury for a capital crime, once a week.' 6 We talked of education at great schools; the advantages and disadvantages of which Johnson displayed in a luminous manner; but his arguments preponderated so much in favour of the benefit which a boy of good parts might receive at one of them, that I have reason to believe Mr. Murray was very much influenced by what he had heard to-day, in his determination to send his own son to Westminster school. -I have acted in the same manner with regard to my own two sons; having placed the eldest at Eton, and the second at Westminster. I cannot say which is best. But in justice 1776] THE ENGLISH UNIVERSITIES 9 to both those noble seminaries, I with high satisfaction declare, that my boys have derived from them a great deal of good, and no evil: and I trust they will, like Horace, be grateful to their father for giving them so valuable an education. I introduced the topick, which is often ignorantly urged, that the Universities of England are too rich 1; so that learning does not flourish in them as it would do, if those who teach had smaller salaries, and depended on their assiduity for a great part of their income. JOHNSON. Sir, the very reverse of this is the truth; the English Universities are not rich enough. Our fellowships are only sufficient to support a man during his studies to fit him for the world, and accordingly in general they are held no longer than till an opportunity offers of getting away. Now and then, perhaps, there is a fellow who grows old in his college; but this is against his will, unless he be a man very indolent indeed. A hundred a year is reckoned a good fellowship, and that is no more than is necessary to keep a man decently as a scholar. We do not allow our fellows to marry, because we consider academical institutions as preparatory to a settlement in the world. It is only by being employed as a tutor, that a fellow can obtain any thing more than a livelihood. To be sure a man, who has enough without teaching, will probably not teach; for we would all be idle if we could. In the same manner, a man who is to get nothing by teaching, will not exert himself. Gresham College was intended as a place of instruction for London; able professors were to read lectures gratis, they contrived to have no scholars; whereas, if they had been allowed to receive but sixpence a lecture from each scholar, they would have been emulous to have had many scholars. Every body will.agree that it should be the interest of those who teach to have scholars; and this is the case in our Universities. That they are too rich is certainly not true; for they have nothing good enough to keep a man of eminent learning with them for his life. In the foreign Universities a professorship is a high 1 Dr. Adam Smith, who was for some time a Professor in the University of Glasgow, has uttered, in his Wealth of Nations, some reflections upon this subject which are certainly not well founded, and seem to be invidious. 10 LIBELLING THE DEAD [1776 thing. It is as much almost as a man can make by his learning; and therefore we find the most learned men abroad are in the Universities. It is not so with us. Our Universities are impoverished of learning, by the penury of their provisions. I wish there were many places of a thousand a-year at Oxford, to keep first-rate men of learning from quitting the University." Undoubtedly if this were the case, Literature would have a still greater dignity and splendour at Oxford, and there would be grander living sources of instruction. I mentioned Mr. Maclaurin's uneasiness on account of a degree of ridicule carelessly thrown on his deceased father, in Goldsmith's History of Animated Nature, in which that celebrated mathematician is represented as being subject to fits of yawning so violent as to render him incapable of proceeding in his lecture; a story altogether unfounded, but for the publication of which the law would give no reparation'. This led us to agitate the question, whether legal redress could be obtained, even when a man's deceased relation was calumniated in a publication. Mr. Murray maintained there should be reparation, unless the authour could justify himself by proving the fact. JOHNSON. 'Sir, it is of so much more consequence that truth should be told, than that individuals should not be made uneasy, that it is much better that the law does not restrain writing freely concerning the characters of the dead. Damages will be given to a man who is calumniated in his life-time, because he may be hurt in his worldly interest, or at least hurt in his mind but the law does not regard that uneasiness which a man feels on having his ancestor calumniated. That is too nice. Let him deny what is said, and let the matter have a fair chance by discussion. But, if a man could say nothing against a character but what he can prove, history could not be written; for a great deal is known of men of which proof cannot be brought. A minister may be notoriously known to take bribes, and yet you may not be able to prove it.' 1 Dr. Goldsmith was dead before Mr. Maclaurin discovered the ludicrous errour. But Mr. Nourse, the bookseller, who was the proprietor of the work, upon being applied to by Sir John Pringle, agreed very handsomely to have the leaf on which it was contained cancelled, and re-printed without it, at his own expence. 1776] LIBELLING THE DEAD 11 Mr. Murray suggested, that the authour should be obliged to shew some sort of evidence, though he would not require a strict legal proof: but Johnson firmly and resolutely opposed any restraint whatever, as adverse to a free investigation of the characters of mankind 1. 1 What Dr. Johnson has here said, is undoubtedly good sense; yet I am afraid that law, though defined by Lord Coke the perfection of reason,' is not altogether with him; for it is held in the books, that an attack on the reputation even of a dead man, may be punished as a libel, because tending to a breach of the peace. There is, however, I believe, no modern decided case to that effect. In the King's Bench, Trinity Term, 1790, the question occurred on occasion of an indictment, The King v. Topham, who, as a proprietor of a news-paper entitled The World, was found guilty of a libel against Earl Cowper, deceased, because certain injurious charges against his Lordship were published in that paper. An arrest of Judgement having been moved for, the case was afterwards solemnly argued. My friend Mr. Const, whom I delight in having an opportunity to praise, not only for his abilities but his manners; a gentleman whose ancient German blood has been mellowed in England, and who may be truely said to unite the Baron and the Barrister, was one of the Counsel for Mr. Topham. He displayed much learning and ingenuity upon the general question; which, however, was not decided, as the Court granted an arrest chiefly on the informality of the indictment. No man has a higher reverence for the law of England than I have; but, with all deference I cannot help thinking, that prosecution by indictment, if a defendant is never to be allowed to justify, must often be very oppressive, unless Juries, whom I am more and more confirmed in holding to be judges of law as well as of fact, resolutely interpose. Of late an act of Parliament has passed declaratory of their full right to one as well as the other, in matter of libel; and the bill having been brought in by a popular gentleman, many of his party have in most extravagant terms declaimed on the wonderful acquisition to the liberty of the press. For my own part I ever was clearly of opinion that this right was inherent in the very constitution of a Jury, and indeed in sense and reason inseparable from their important function. To establish it, therefore, by Statute, is, I think, narrowing its foundation, which is the broad and deep basis of Common Law. Would it not rather weaken the right of primo-geniture, or any other old and universally-acknowledged right, should the legislature pass an act in favour of it? In my Letter to the People of Scotland, against diminishing the number of the Lords of Session, published in 1785, there is the following passage, which, as a concise, and I hope a fair and rational state of the matter, I presume to quote: The Juries of England are Judges of law as well as of fact, in many civil, and in all criminal trials. That my principles of resistance may not be misapprehended any more than my principles of submission, I protest that I should be the last man in the world to encourage Juries to contradict rashly, wantonly, or perversely, the opinion of the Judges. On the contrary, I would have them listen respectfully to the advice they receive from the Bench, by which they may be often well directed in forming their own opinion; which, "and not another's," is the opinion 12 THE ROMAN CATHOLICK RELIGION [1776 On Thursday, April 4, having called on Dr. Johnson, I said, it was a pity that truth was not so firm as to bid defiance to all attacks, so that it might be shot at as much as people chose to attempt, and yet remain unhurt. JOHNSON. Then, Sir, it would not be shot at. Nobody attempts to dispute that two and two make four: but with contests concerning moral truth, human passions are generally mixed, and therefore it must ever be liable to assault and misrepresentation.' On Friday, April 5, being Good Friday, after having attended the morning service at St. Clement's Church, I walked home with Johnson. We talked of the Roman Catholick religion. JOHNSON. In the barbarous ages, Sir, priests and people were equally deceived; but afterwards there were gross corruptions introduced by the clergy, such as indulgencies to priests to have concubines, and the worship of images, not, indeed, inculcated, but knowingly permitted.' He strongly censured the licensed stews at Rome. BOSWELL. 'So then, Sir, you would allow of no irregular intercourse whatever between the sexes?' JOHNSON. To be sure I would not, Sir. I would punish it much more than it is done, and so restrain it. In all countries there has been fornication, as in all countries there has been theft; but there may be more or less of the one, as well as of the other, in proportion to the force of law. All men will naturally commit fornication, as all men will naturally steal. And, Sir, it is very absurd to argue, as has been often done, that prostitutes are necessary to prevent the violent effects of appetite from violating the decent order of life; nay, should be permitted, in order to preserve the chastity of our wives and daughters. Depend upon it, Sir, severe laws, steadily enforced, would be sufficient against those evils, and would promote marriage.' I stated to him this case:-'Suppose a man has a daughter, who he knows has been seduced, but her misfortune is concealed from the world? should he keep her in his house? Would he not, by doing so, be accessary to imposition? they are to return upon their oaths. But where, after due attention to all that the Judge has said, they are decidedly of a different opinion from him, they have not only a power and a right, but they are bound in conscience to bring in a verdict accordingly.' |