New York weekly journal; Zenger, John Peter, 1697-1746
The participation of ordinary men and women in political discussions,
debates, and quarrels caused a rise toward the level of true democracy.
The _Journal_ proved the close connection between political freedom and
freedom of the press half a century before Jefferson laid down his
famous axiom on the subject, and a century before de Tocqueville
perceived that modern democracy cannot exist without the public forum of
the newspapers. By creating political journalism in the true sense, the
_Journal_ did as much, perhaps, as any other single agent to create the
American way of life. If we find censorship stifling today, we owe that
phenomenon of our moral physiology in no small degree to the battle that
was fought and won by Peter Zenger.
On the constitutional side, the Zenger case helped snap the leading
strings that bound the American Colonies to the mother country.
It made resistance to governors more respectable. Governor Cosby’s
defeat, like Peter Zenger’s vindication, was a legal precedent. At no
time was there any question of violence or armed insurrection (although
Cosby affected to believe the contrary in his letters to London). The
thing was fought out strictly through the judicial machinery of the
Province, with each side struggling to win over judges and juries. Cosby
lost because he could not control the one jury at the critical moment.
The decision was unassailable in any legitimate fashion, and Cosby was
_ipso facto_ legitimately discredited.
The outcome touched off reactions throughout the other Colonies. The
published account of the trial was hailed as a notable addition to the
documentation of freedom—something to be referred to whenever the
liberties of the subject were endangered. No longer could anyone claim
with any kind of justice that resistance to crown officials was always
wrong, that it had no real basis in American legal development or
political experience: the _Brief Narrative of the Case and Tryal of John
Peter Zenger_ was always there to give the lie to the proposition. When
resistance became really outspoken in the time of Adams and Otis and
Hancock, its leaders could thank Peter Zenger as one of their
forerunners who helped generate the mental atmosphere in which
revolutionary ideas could grow, thrive, and spread.
Resistance to governors led directly to resistance to the crown. Until
the time of the Zenger case, it had been conventional to solve American
problems by British experience, to look to the common tradition for both
principles and their correct application. After 1735 that procedure was
no longer to be accepted without quibble. Speaking to the jury, Andrew
Hamilton based his argument on the common sense notion that British law,
as such, could not always apply to America, because conditions in the
New World were in many respects unique, that in such cases our law would
have to develop its own rules and regulations.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account