New York weekly journal; Zenger, John Peter, 1697-1746
As there was but one printer in the Province of New York who printed a
public newspaper, I[2] was in hopes that if I undertook to publish
another I might make it worth my while. I soon found my hopes were not
groundless. My first paper was printed on November 5, 1733; and I
continued printing and publishing them, I thought to the satisfaction of
everybody, till the January following, when the Chief Justice was
pleased to animadvert upon the doctrine of libels in a long “charge”
given in that term to the grand jury. Afterwards, on the third Tuesday
of October, 1734, he was again pleased to charge the grand jury in the
following words:
“Gentlemen, I shall conclude with reading a paragraph or two out of the
same book concerning libels. They are arrived to that height that they
call loudly for your animadversion. It is high time to put a stop to
them. For at the rate things are now carried on, when all order and
government is endeavored to be trampled on, and reflections are cast
upon persons of all degrees, must not these things end in sedition, if
not timely prevented? Lenity you have seen will not avail. It becomes
you then to inquire after the offenders, that we may in a due course of
law be enabled to punish them. If you, gentlemen, do not interpose,
consider whether the ill consequences that may arise from any
disturbances of the public peace may not in part lie at your door?
“Hawkins,[1] in his chapter on libels, considers, first what shall be
said to be a libel, and secondly who are liable to be punished for it.
Under the first he says:
Nor can there be any doubt but that a writing which defames a private
person only is as much a libel as that which defames persons intrusted
in a public capacity, inasmuch as it manifestly tends to create ill
blood, and to cause a disturbance of the public peace. However, it is
certain that it is a very high aggravation of a libel that it tends to
scandalize the government, by reflecting on those who are intrusted
with the administration of public affairs; which does not only
endanger the public peace, as all other libels do, by stirring up the
parties immediately concerned in it to acts of revenge, but also has a
direct tendency to breed in the people a dislike of their governors,
and incline them to faction and sedition.
“As to the second point, he says:
It is certain that not only he who composes or procures another to
compose it but also that he who publishes, or procures another to
publish it, are in danger of being punished for it. And it is not
material whether he who dispersed a libel knew anything of the
contents or effects of it or not; for nothing could be more easy than
to publish the most virulent papers with the greatest security if
concealing the purport of them from an illiterate publisher would make
him safe in dispersing them.
Public-domain text, read in full here on John Shaqi.
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