New York weekly journal; Zenger, John Peter, 1697-1746
Although I am perfectly of the opinion with the gentleman who has just
now spoken on the same side with me, as to the common course of
proceedings—I mean in putting Mr. Attorney upon proving that my client
printed and published those papers mentioned in the information—yet I
cannot think it proper for me (without doing violence to my own
principles) to deny the publication of a complaint, which I think is the
right of every freeborn subject to make when the matters so published
can be supported with truth.
Therefore I shall save Mr. Attorney the trouble of examining his
witnesses to that point. I do (for my client) confess that he both
printed and published the two newspapers set forth in the
information—and I hope that in so doing he has committed no crime.
MR. ATTORNEY. Then if Your Honor pleases, since Mr. Hamilton has
confessed the fact, I think our witnesses may be discharged. We have no
further occasion for them.
MR. HAMILTON. If you brought them here only to prove the printing and
publishing of these newspapers, we have acknowledged that, and shall
abide by it.
Here my journeyman and two sons (with several others subpoenaed by Mr.
Attorney to give evidence against me) were discharged, and there was
silence in the Court for some time.
MR. CHIEF JUSTICE. Well, Mr. Attorney, will you proceed?
MR. ATTORNEY. Indeed, Sir, as Mr. Hamilton has confessed the printing
and publishing of these libels, I think the Jury must find a verdict for
the king. For supposing they were true, the law says that they are not
the less libelous for that. Nay, indeed the law says their being true is
an aggravation of the crime.
MR. HAMILTON. Not so neither, Mr. Attorney. There are two words to that
bargain. I hope it is not our bare printing and publishing a paper that
will make it a libel. You will have something more to do before you make
my client a libeler. For the words themselves must be libelous—that is,
_false_, _scandalous_, _and seditious_—or else we are not guilty.
As Mr. Attorney has not been pleased to favor us with his argument,
which he read, or with the notes of it, we cannot take upon us to set
down his words, but only to show the book cases he cited and the general
scope of the argument which he drew from those authorities.
Public-domain text, read in full here on John Shaqi.
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