New York weekly journal; Zenger, John Peter, 1697-1746
He observed upon the excellency as well as the use of government, and
the great regard and reverence which had been constantly paid to it,
under both the law and the Gospels. That by government we were protected
in our lives, religion, and properties; and for these reasons great care
had always been taken to prevent everything that might tend to
scandalize magistrates and others concerned in the administration of the
government, especially the supreme magistrate. And that there were many
instances of very severe judgments, and of punishments, inflicted upon
such as had attempted to bring the government into contempt by
publishing false and scurrilous libels against it, or by speaking evil
and scandalous words of men in authority, to the great disturbance of
the public peace. And to support this he cited various legal texts.
From these books he insisted that a libel was a malicious defamation of
any person, expressed either in printing or writing, signs or pictures,
to asperse the reputation of one that is alive, or the memory of one
that is dead. If he is a private man, the libeler deserves a severe
punishment, but if it is against a magistrate or other public person, it
is a greater offense. For this concerns not only the breach of the peace
but the scandal of the government. What greater scandal of government
can there be than to have corrupt or wicked magistrates appointed by the
king to govern his subjects? A greater imputation to the state there
cannot be than to suffer such corrupt men to sit in the sacred seat of
justice, or to have any meddling in or concerning the administration of
justice.
From the same books Mr. Attorney insisted that whether the person
defamed is a private man or a magistrate, whether living or dead,
whether the libel is true or false, or if the party against whom it is
made is of good or evil fame, it is nevertheless a libel. For in a
settled state of government the party grieved ought to complain, for
every injury done him, in the ordinary course of the law. And as to its
publication, the law had taken so great care of men’s reputations that
if one maliciously repeats it, or sings it in the presence of another,
or delivers the libel or a copy of it over to scandalize the party, he
is to be punished as a publisher of a libel.
He said it was likewise evident that libeling was an offense against the
law of God. Acts 23:5: Then said Paul, “I wist not, brethren, that he
was the high priest; for it is written Thou shalt not speak evil of the
ruler of thy people.” II Peter 2:10: Despise government. Presumptuous
are they, selfwilled, they are not afraid to speak evil of dignities.
Public-domain text, read in full here on John Shaqi.
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