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martial. I suffered a great loss when he died; he was a mighty pleasing man in conversation, and a reading man. The character of a soldier is high. They who stand forth the foremost in danger for the community have the respect of mankind. An officer is much more respected than any other man who has as little money. In a commercial country money will always purchase respect. But you find an officer, who has, properly speaking, no money, is everywhere well received, and treated with attention. The character of a soldier always stands him instead." BOSWELL : “Yet, Sir, I think that common soldiers are worse thought of than other men in the same rank of life—such as labourers.” JOHNSON : “Why, Sir, a common soldier is usually a very gross man, and any quality which procures respect may be overwhelmed by grossness. A man of learning may be so vicious or so ridiculous that you cannot respect him. A common soldier, too, generally eats more than he can pay for. But when a common soldier is civil in his quarters, his red coat procures him a degree of respect.” The peculiar respect paid to the military character in France was mentioned. BOSWELL: “I should think that where military men are so numerous, they would be less valued as not being rare.” JOHNSON : “Nay, Sir, wherever a particular character or profession is high in the estimation of a people, those who are of it will be valued above other men. We value an Englishman high in this country, and yet Englishmen are not rare in it."

Mr. Murray praised the ancient philosophers for the candour and good humour with which those of different sects disputed with each other. JOHNSON : “Sir, they disputed with good humour, because they were not in earnest as to religion. Had the ancients been serious in their belief, we should not have had their gods exhibited in the manner we find them represented in the poets. The people would not have suffered it. They disputed with good humour upok the fanciful theories, because they were not interested in the truth of them: when a man has nothing to lose he may be in good humour with his opponent. Accordingly you see, in Lucian, that the Epicurean, who argues only negatively, keeps his temper ; the Stoic, who has something positive to preserve, grows angry. Being angry with one who controverts an opinion which you value, is a necessary consequence of 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.”

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 topic, 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 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

1 Dr. Adam Smith, who was for some time a professor in the University of Glasgow, has attered, in his “Wealth of Nations,” some reflections upon this subject, which are certainly not well founded, and seem to be invidious.-BOSWELL.

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 anything 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 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 lifetime, because he may be hurt in his worldly interest, or at least hurt in

1 John Maclaurin was the son of the celebrated Colin Maclaurin, professor of mathematics at Edinburgh. He was a member of the Faculty of Advocates, and in 1787 was raised to the judicial bench by the title of Lord Dreghorn. Maclaurin was the author of "An Essay on Literary Property." He was born at Edinburgh in 1734, and died in 1796.—ED.

2 Dr. Goldsmith was dead before Mr. Maclaurin discovered the ludicrous error. 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 reprinted without it, at his own expense.-BOSWELL.

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.

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

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 & 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 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 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." —BOSWELL

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 Catholic religion. JOHNSON : “ In the barbarous ages, Sir, priests and people were equally deceived; but after. wards there were gross corruptions introduced by the clergy, such as indulgences 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 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 ? And, perhaps, a worthy, unsuspecting man might come and marry this woman, unless the father inform him of the truth.” JOHNSON: Sir, he is accessary to no imposition. His daughter is in his house; and if a man courts her, he takes his chance. If a friend, or, indeed, if any man, asks his opinion whether he should marry her, he ought to advise him against it, without telling why, because his real opinion is then required. Or, if he has other daughters who know of her frailty, he ought not to keep her in his house. You are to consider the state of life is this : we are to judge of one another's characters as well as we can; and a man is not bound in honesty or honour to tell us the faults of his daughter or of himself. A man who has debauched his friend's daughter is not obliged to say to every body — 'Take care of me; don't let me enter your house without suspicion. I once debauched a friend's daughter; I may debauch yours.'

Mr. Thrale called upon him, and appeared to bear the loss of his son with a manly composure. There was no affectation about him; and he talked, as usual, upon indifferent subjects. He seemed to me to hesitate as to the intended Italian tour, on which, I flattered myself, he and Mrs. Thrale and Dr. Johnson were soon to set out; and therefore I

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