New York weekly journal; Zenger, John Peter, 1697-1746
On Wednesday, November 6, the sheriff of New York moved the Court of
Quarter Sessions to comply with the said order, upon which one of the
aldermen offered a protest which was read by the clerk and approved by
all the aldermen, either expressly or by not objecting to it, and is as
follows:
“_Whereas_ an order has been served on this Court;
“And _whereas_ this Court conceives that they are only to be commanded
by the king’s mandatory writs, authorized by law, to which they conceive
that they have the right of showing cause why they do not obey them if
they believe them improper to be obeyed; or by orders which have some
known laws to authorize them;
“And _whereas_ this Court conceives this order to be no mandatory writ
warranted by law, nor knows of no law that authorizes making the order
aforesaid, so they think themselves under no obligation to obey it.
Which obedience they think would be in them the opening of a door for
arbitrary commands, which, when once opened, they know not what
dangerous consequences may attend it;
“_Therefore_ this Court conceives itself bound in duty (for the
preservation of the rights of this Corporation, and, as much as they
can, of the liberty of the press and of the people of the Province,
since the Assembly of the Province and several grand juries have refused
to meddle with the papers when applied to by the Council) to protest
against the order aforesaid, and to forbid all the members of this
Corporation to pay any obedience to it until it be shown to this Court
that the same is authorized by some known law, which they neither know
nor believe that it is.”
Upon the reading of which it was required of the honorable Francis
Harison, recorder of this Corporation and one of the members of the
Council (who was present at the making of the said order), to show by
what law or authority the said order was made. Upon which he spoke in
support of it, and cited the case of Doctor Sacheverell’s sermon,[2]
which was by the House of Lords ordered to be burned by the hands of the
hangman, and that the mayor and aldermen of London should attend the
doing of it.
Public-domain text, read in full here on John Shaqi.
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