Mr. _Ch. Just._ Gentlemen of the Jury. The great pains Mr. _Hamilton_
has taken, to shew how little Regard Juries are to Pay to the Opinion
of the Judges; and his insisting so much upon the Conduct of some
Judges in Tryals of this kind; is done, no doubt, with a Design that
you should take but very little Notice of what I may say upon this
Occasion. I shall therefore only observe to you that, as the Facts or
Words in the Information are confessed: The only Thing that can come
in Question before you is, Whether the Words, as set forth in the
Information, make a Libel. And that is a Matter of Law, no doubt, and
which you may leave to the Court. But I shall trouble you no further
with any Thing more of my own, but read to you the Words of a learned
and upright Judge in a Case of the like Nature.
_To say that corrupt Officers are appointed to administer Affairs,
is certainly a Reflection on the Government. If People should not be
called to account for possessing the People with an ill Opinion of the
Government, no Government can subsist. For it is necessary for all
Governments that the People should have a good Opinion of it. ..._
[Zenger adds]
The Jury withdrew, and in a small Time returned, and being asked by the
Clerk, Whether they were agreed of their Verdict, and whether _John
Peter Zenger_ was guilty of Printing and Publishing the Libels in the
Information mentioned? They answered by _Thomas Hunt_, their Foreman,
_Not Guilty_. Upon which there were three Huzzas in the Hall which
was crowded with People, and the next Day I was discharged from my
Imprisonment.
114. Franklin's "Albany Plan," July 10, 1754[113]
On the eve of the French and Indian War, in June 19, 1754, there
met at Albany, on the call of the Lords of Trade, a colonial
congress to agree upon measures of defense. Seven colonies
were represented,--New Hampshire, Massachusetts, Rhode Island,
Connecticut, New York, Pennsylvania, and Maryland,--none south of
the Potomac. Massachusetts had authorized her commissioners to
"enter into articles of union and confederation" with the other
colonies "as well in time of peace as of war." On the sixth day
of the session, the Congress voted unanimously that a union of
all the colonies was "absolutely necessary for their security." A
committee, representing each of the colonies present, was created
to consider various plans, and, after almost daily discussions,
a general plan was accepted on July 9. Franklin was appointed to
draft the detailed plan,--and, the next day, a form submitted by
him was adopted. Franklin afterward said of the result: "the Fate
of this Plan was singular ... The Crown disapproved it, as having
too much Weight in the Democratic Part of the Constitution; and
every Assembly, as having allowed too much to Prerogative. So it
was totally rejected."
Public-domain text, read in full here on John Shaqi.
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