New York weekly journal; Zenger, John Peter, 1697-1746
Afterwards, about noon, the sheriff, after reading the numbers of the
several papers which were ordered to be burned, delivered them into the
hands of his own Negro and ordered him to put them into the fire, which
he did. Mr. Recorder and several of the officers of the garrison
attended.
On the Lord’s Day, November 17, 1734, I was taken and imprisoned by
virtue of a warrant in these words:
“At a Council held at Fort George in New York, November 2, 1734.
Present: His Excellency William Cosby, Captain General and Governor in
Chief, Mr. Clarke, Mr. Harison, Mr. Livingston, Mr. Kennedy, the Chief
Justice, Mr. Cortlandt, Mr. Lane, Mr. Horsmanden.
“It is ordered that the sheriff for the City of New York do forthwith
take and apprehend John Peter Zenger for printing and publishing several
seditious libels dispersed throughout his journals or newspapers,
entitled _The New York Weekly Journal_; as having in them many things
tending to raise factions and tumults among the people of this Province,
inflaming their minds with contempt of His Majesty’s government, and
greatly disturbing the peace thereof. And upon his taking the said John
Peter Zenger, to commit him to the prison or common jail of the said
city and county.”
And being by virtue of that warrant so imprisoned in the jail, I was for
several days denied the use of pen, ink and paper, and the liberty of
speech with any persons.
[_Zenger’s lawyers, James Alexander and William Smith, got a habeas
corpus, and then argued before the court that their client had a right
to reasonable bail. In support of their case they appealed to English
law and precedent._]
Sundry other authorities and arguments were produced and insisted on by
my counsel to prove my right to be admitted to moderate bail, and to
such bail as was in my power to give. Sundry parts of history they
produced to show how much the requiring of excessive bail had been
resented by Parliament. And in order to enable the court to judge what
surety was in my power to give, I made affidavit that (my debts paid) I
was not worth forty pounds (the tools of my trade and wearing apparel
excepted).
Some warm expressions (to say no worse of them) were dropped on this
occasion, sufficiently known and resented by the listeners, which for my
part I desire may be buried in oblivion. In the end it was ordered that
I might be admitted to bail, myself in 400 pounds with two sureties,
each in 200 pounds, and that I should be remanded till I gave it.
Public-domain text, read in full here on John Shaqi.
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