New York weekly journal; Zenger, John Peter, 1697-1746
The Zenger case necessarily reflected on American politics. The
acquittal of the Defendant involved the condemnation of the Plaintiff,
which meant that Governor Cosby’s administration was found guilty of the
things with which the _Journal_ charged it. One more stumbling block was
thrown in the path of tyranny, one more support removed from dishonesty
in high places.
Cosby had hand-picked his judge to insure control of the court, but
never would this kind of illegality be repeated with the same
lighthearted contempt for criticism. Never again would any Colonial
governor try quite so recklessly and arrogantly to rig elections or to
seize land or to play the politician with his Council in order to create
within it a faction that would rubber-stamp his whims. These
misdemeanors had been condemned (by implication) in a cold legal
decision—and the Colonies would not forget.
The behavior of courts handling libel cases changed. When the New York
jury came in with a verdict of “Not guilty,” it did something that was
rather startling for the 1730’s. According to the traditional theory of
law, the business of jurors was to determine the fact of publication,
and to leave the verdict to the court. In this case, the jury should
have confined itself to deciding by whom the _Journal_ had been printed
and at whom the contents were aimed, after which its function would have
been fulfilled. The setup was ideal for Governor Cosby since he had his
henchman on the bench, Chief Justice James Delancey, all prepared to
render a verdict of “Guilty” as soon as the jury had agreed on the
undeniable (and undenied) fact that Peter Zenger was actually printer of
the newspaper.
Andrew Hamilton scrambled the neat pattern that Cosby had laid out. He
made his appeal directly to the jury, ostentatiously bypassing the
judges on the bench, presenting past instances in which jurors had taken
upon themselves the responsibility of deciding the law—that is, of
giving the verdict, instead of merely identifying the printer of the
supposedly libelous material. He argued that juries are of little use if
they do not perform this function, since there is no reason for jurors
to participate in any trial except that as local citizens they are
supposed to be familiar with the facts pertinent to the case. He asked
the Zenger jurors simply to declare what they knew to be the truth, that
“Zenger’s paper” had correctly described the New York administration
under which they all lived and suffered. In other words, he appealed to
the twelve men in the jury box to take the decision away from a
governor-controlled court.
Public-domain text, read in full here on John Shaqi.
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