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Life of Johnson, Volume 3 - 1776-1780 by James Boswell
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.'
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