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1776. very angry, for he is putting me in fear of being unhappy." MURRAY. "But, Sir, truth will always

Ætat. 67.

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."

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 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;* 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

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• 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.

the truth; the English Universities are not rich 1776. enough. Our fellowships are only sufficient to sup- Etat. 67 port 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 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

1776. Universities are impoverished of learning, by the Ætat. 67. penury of their provisions. I wish there were many places of a thousand a year at Oxford, to keep firstrate 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 in


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 lifetime, because he may be hurt in his worldly interest, or at least hurt in his mind: but the law does not

5 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.

Ætat. 67.

regard that uneasiness which a man feels on having 1776. 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 authour 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."

6 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 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


Etat. 67.

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,

be very oppressive, unless Juries, whom I am more and more con-
firmed 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
very constitution of a Jury, and indeed in sense and reason
inseparable from their important function. To establish it, there-
fore, 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 univer-
sally 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 resist-
ance 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."


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