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By Root 5706 0

to solicit votes to be elected a member of Parliament? Mr. Strahan had told me that a countryman of his and mine,541 who had risen to eminence in the law, had, when first making his way, solicited him to get him employed in city causes. JOHNSON. ‘sir, it is wrong to stir up law-suits; but when once it is certain that a law-suit is to go on, there is nothing wrong in a lawyer’s endeavouring that he shall have the benefit, rather than another.’ BOSWELL. ‘You would not solicit employment, Sir, if you were a lawyer.’ JOHNSON. ‘No, Sir, but not because I should think it wrong, but because I should disdain it.’ This was a good distinction, which will be felt by men of just pride. He proceeded: ‘However, I would not have a lawyer to be wanting to himself in using fair means. I would have him to inject a little hint now and then, to prevent his being overlooked.’

Lord Mountstuart’s bill for a Scotch Militia, in supporting which his Lordship had made an able speech in the House of Commons, was now a pretty general topick of conversation. JOHNSON. ‘As Scotland contributes so little land-tax towards the general support of the nation, it ought not to have a militia paid out of the general fund, unless it should be thought for the general interest, that Scotland should be protected from an invasion, which no man can think will happen; for what enemy would invade Scotland, where there is nothing to be got? No, Sir; now that the Scotch have not the pay of English soldiers spent among them, as so many troops are sent abroad, they are trying to get money another way, by having a militia paid. If they are afraid, and seriously desire to have an armed force to defend them, they should pay for it. Your scheme is to retain a part of your little land-tax, by making us pay and clothe your militia.’ BOSWELL. ‘You should not talk of we and you, Sir: there is now an Union.’ JOHNSON. ‘There must be a distinction of interest, while the proportions of land-tax are so unequal. If Yorkshire should say, ”Instead of paying our land-tax, we will keep a greater number of militia,” it would be unreasonable.’ In this argument my friend was certainly in the wrong. The land-tax is as unequally proportioned between different parts of England, as between England and Scotland; nay, it is considerably unequal in Scotland itself. But the land-tax is but a small part of the numerous branches of publick revenue, all of which Scotland pays precisely as England does. A French invasion made in Scotland would soon penetrate into England.

He thus discoursed upon supposed obligations in settling estates: – ‘Where a man gets the unlimited property of an estate, there is no obligation upon him in justice to leave it to one person rather than to another. There is a motive of preference from kindness, and this kindness is generally entertained for the nearest relation. If I owe a particular man a sum of money, I am obliged to let that man have the next money I get, and cannot in justice let another have it: but if I owe money to no man, I may dispose of what I get as I please. There is not a debitum justities542 to a man’s next heir; there is only a debitum caritatis.543 It is plain, then, that I have morally a choice, according to my liking. If I have a brother in want, he has a claim from affection to my assistance; but if I have also a brother in want, whom I like better, he has a preferable claim. The right of an heir at law is only this, that he is to have the succession to an estate, in case no other person is appointed to it by the owner. His right is merely preferable to that of the King.’

We got into a boat to cross over to Black-friars; and as we moved along the Thames, I talked to him of a little volume, which, altogether unknown to him, was advertised to be published in a few days, under the title of Johnsoniana, or Bon-Mots of Dr. JOHNSON. JOHNSON. ‘sir, it is a mighty impudent thing.’ BOSWELL. ‘Pray, Sir, could you have no redress if you were to prosecute a publisher for bringing out, under your name, what you never said, and ascribing to you dull stupid nonsense,