Life of Johnson, Volume 3 - 1776-1780 by James Boswell
page 13 of 756 (01%)
page 13 of 756 (01%)
![]() | ![]() |
|
him incapable of proceeding in his lecture; a story altogether
unfounded, but for the publication of which the law would give no reparation[45]. 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[46]. 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 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[47]. 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[48] 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.' |
|