New York weekly journal; Zenger, John Peter, 1697-1746
Hamilton referred only to legal development since he was defending a
client in a court of law; but from his premise a political conclusion
could be drawn, namely, that government might not necessarily be
directly transferable either: if the Hanoverian monarchy, however
successful in Britain, could not rule satisfactorily the Colonial
democracy that was developing on this side of the Atlantic, then perhaps
something else should be put in its place. In Hamilton’s time the crown
itself was not yet suspect; it remained inviolate, the _sanctum
sanctorum_ of allegiance and veneration, when its representatives over
here were attacked with unmitigated animosity. Hamilton himself remarked
that the king differed from his officials in kind rather than merely in
degree.
Once, however, the authority of the king had been challenged, then
Hamilton’s appeal from British precedent to Colonial experience became
very much to the point. His efforts in behalf of liberty for New York
helped pave the way for liberty for America, the rebels of the 1770’s
drawing from his legal premise the political conclusion that lay
implicit in it. He enabled them to argue cogently that independence was
not a scandalous novelty but a natural issue of the American situation
in the face of an authority three thousand miles away.
The men of the Revolution were well aware of their indebtedness.
Gouverneur Morris spoke for them all when he delivered his famous
judgment that “The trial of Zenger in 1735 was the morning star of that
liberty which subsequently revolutionized America.”
Britain herself did not go unaffected by what had happened in the City
Hall of her New York Colony. As far as it concerned freedom of the
press, the Zenger case fell into place in a transition that had long
been developing in the classical home of libertarian ideas. The account
of the trial was reprinted there, and cited as an ideal of what British
journalists were striving for. In 1738 a London correspondent wrote to
Benjamin Franklin’s _Pennsylvania Gazette_ to say that Andrew Hamilton’s
address to the jury was causing something of a furor in the coffeehouses
where the gentry and the intelligentsia met, as well as among the
professional lawyers. The correspondent quoted one leader of the British
bar as saying of Hamilton’s argument, “If it is not law, it is better
than law, it ought to be law, and will always be law wherever justice
prevails.”
Public-domain text, read in full here on John Shaqi.
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