New York weekly journal; Zenger, John Peter, 1697-1746
He was the obvious man for the job. Writer, journalist, and editor, he
had been schooled in the task of integrating written material and in
working up connecting links and explanatory passages as they were
needed. Again, not only did he stand near the head of the legal
profession, so that he was fully equipped to juggle the problem of
libel, the textbook citations, and the technicalities and philosophy of
the law (essentials in dealing with any such trial), but he had an
unparalleled position at the center of the Zenger turmoil.
No one in New York knew more than James Alexander about how and why
Peter Zenger came to be tried before the Supreme Court of the Colony.
How could it have been otherwise when the _New York Weekly Journal_ was
under fire, and Alexander was the _Journal_’s editor? He himself had
approved, and perhaps written, the “libelous” issues on which the
prosecution was based. He himself would have been in the dock as
defendant instead of the printer if only the attorney general had been
able to get him indicted.
Alexander had been a leader of the Popular party from the beginning of
its struggle with Governor Cosby. He had conspired against the Governor,
fought him in the Courts and through the press, and used every weapon to
hand in an all-out effort to ruin him politically. There was hardly a
dissident movement in New York with which Alexander was not allied as
adviser or mentor. It was only natural that he should have been one of
Zenger’s lawyers, for he understood as few others could just what the
administration attack amounted to, and how a counterattack should be
developed. It is not difficult to imagine the intelligence and the
alertness with which he noted every word that was spoken at the trial.
He must have been the perfect spectator if ever there was one.
And all this does not exhaust the depths of his familiarity with the
incident. Until his disbarment he had been one of the counsel for the
defense, which made it his duty to draw up a brief in preparation for
his plea. He fulfilled his duty so well that when he was summarily
removed by order of Chief Justice Delancey he was able to hand over to
Andrew Hamilton a whole plan of campaign, and Hamilton (brought in
unprepared and at the last moment) relied on it substantially throughout
the proceedings.
It takes nothing from Hamilton, whose performance remains one of the
classical things in the history of American law, that Alexander gave him
the lead which he followed with such stunning success—that is, the
decision to base Zenger’s defense on the truth of the _Journal_
articles, and on that basis to ask the jury to bring in a verdict of
“Not guilty.” Alexander already held that guiding thread in his hand
months before Hamilton appeared on the scene. (Not that he invented the
idea, but he saw that it was the gambit to play.)
Public-domain text, read in full here on John Shaqi.
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