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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 ;* 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 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 inan 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.
• 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.
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 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 author 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.” Mr. Murray suggested, that the author should be obliged to show 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.*
* 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 expense.
• 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 indictment, The King, v. Topham, who, as a proprietor of a newspaper 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 judgment 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 truly 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
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 as much as people chose to atteinpt, and yel 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, 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 primogeniture, 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 often be well directed in forming their own opinion; which, and not another's,' is the opinion 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."