New York weekly journal; Zenger, John Peter, 1697-1746
The Peter Zenger trial established one other notable precedent for libel
cases. This was that the jury before which he was tried had the right
not only to pass upon the fact but also the law in the case. The logic
and eloquence of Zenger’s attorney persuaded the jury that it had the
right to determine how and to what extent the letter and spirit of the
law could and should be applied in the Zenger case.
It is an interesting fact that the entire preceding history of the
freedom of the press among English-speaking peoples played its part in
the Zenger trial. The writings of Milton, Locke, Swift, Steele, Addison,
and Defoe were all quoted to justify the freedom with which Zenger’s
newspaper voiced its criticism of Governor Cosby and the way he
governed.
This willful executive first attempted to have Zenger indicted by a
grand jury, but the jury refused to act. Then he ordered Zenger’s paper
to be burned by the public hangman, and it was duly burned, though not
by the hangman. Finally the Governor secured the issue of a warrant for
Zenger’s arrest and the printer was put in jail on a charge of seditious
libel. Zenger’s journal missed a single issue. Then, thanks to his wife,
it appeared every Monday while Zenger was in jail. Zenger’s wife, Anna
Catherine, took over the print shop and saw that the paper was
published. She didn’t write the contents any more than her husband, but
she never complained that the printer’s family was suffering for others.
Nowadays it is a Constitutional right that “Excessive bail shall not be
required,” but in Zenger’s day there was no such rule. His bail was so
high that neither he nor his friends could meet it. The fact that he was
put in jail also helped sway public opinion in Zenger’s favor.
The record of the Zenger trial as it is developed in this book is one of
the notable case histories of American jurisprudence. Andrew Hamilton,
Zenger’s able attorney, made such a case for his client that it
attracted attention not only in the colonies but in England. New York
voted him the freedom of the city.
Governor Cosby did not long survive the rebuke he suffered by Zenger’s
acquittal. And here is a curious fact worth recalling: Andrew Hamilton,
whose notable defense of Peter Zenger has become an imperishable part of
the history of our free press, was also the architect of Independence
Hall in Philadelphia. The Hall still stands and so does the decision in
the Zenger case, both symbolizing enduring monuments to freedom.
Contents
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