New York weekly journal; Zenger, John Peter, 1697-1746
have the interest of their country more at heart than the gratification
of any private view of any of their members, or being at all affected by
the smiles or frowns of a governor (_His Excellency the said Governor
meaning_); both of which ought equally to be despised when the interest
of their country is at stake.
“You, says he, complain of the lawyers, but I think the law itself is at
an end. We (_the people of the Province of New York meaning_) see men’s
deeds destroyed, judges arbitrarily displaced, new courts erected
without consent of the legislature (_within the Province of New York
meaning_) by which it seems to me trial by jury is taken away when a
governor pleases (_His Excellency the said Governor meaning_), and men
of known estates denied their votes contrary to the received practice,
the best expositor of any law. Who is there then in that Province
(_meaning the Province of New York_) that can call anything his own, or
enjoy any liberty, longer than those in the administration (_meaning the
administration of government of the said Province of New York_) will
condescend to let them do it? For which reason I have left it, as I
believe more will.”
These words are to the great disturbance of the peace of the said
Province of New York, to the great scandal of the king, of His
Excellency the Governor, and of all others concerned in the
administration of the government of the Province, and against the peace
of the king, his crown, and his dignity.
Whereupon the said Attorney General of the king prays the advisement of
the Court here, in the premises, and the due process of law against the
said John Peter Zenger.
To this information the defendant has pleaded “Not guilty,” but we are
ready to prove it.
Mr. Chambers has not been pleased to favor me with his notes, so I
cannot, for fear of doing him an injustice, pretend to set down his
argument. But here Mr. Chambers set forth very clearly the nature of a
libel, the great allowances that ought to be made for what men speak or
write, that in all libels there must be some particular persons so
clearly pointed out that no doubt must remain about who is meant, that
he was in hopes Mr. Attorney would fail in his proof as to this point.
And therefore desired that he would go on to examine his witnesses.
Then Mr. Hamilton, who at the request of some of my friends was so kind
as to come from Philadelphia to assist me at the trial, spoke.
MR. HAMILTON. May it please Your Honor, I am concerned in this cause on
the part of Mr. Zenger, the defendant. The information against my client
was sent me a few days before I left home, with some instructions to let
me know how far I might rely upon the truth of those parts of the papers
set forth in the information, and which are said to be libelous.
Public-domain text, read in full here on John Shaqi.
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