New York weekly journal; Zenger, John Peter, 1697-1746
He then insisted that it was clear, by the laws of God and man, that it
was a very great offense to speak evil of, or to revile, those in
authority over us. And that Mr. Zenger had offended in a most notorious
and gross manner, in scandalizing His Excellency our governor, who is
the king’s immediate representative and the supreme magistrate of this
Province. For can there be anything more scandalous said of a governor
than what is published in those papers? Nay, not only the Governor but
both the Council and the Assembly are scandalized. For there it is
plainly said that “as matters now stand, their liberties and properties
are precarious, and that slavery is like to be entailed on them and
their posterity.” And then again Mr. Zenger says, “The Assembly ought to
despise the smiles or frowns of a governor; that he thinks the law is at
an end; that we see men’s deeds destroyed, judges arbitrarily displaced,
new courts erected without consent of the legislature; that it seems
that trials by jury are taken away when a governor pleases; and that
none can call anything his own longer than those in the administration
will condescend to let him do it.”
Mr. Attorney added that he did not know what could be said in defense of
a man that had so notoriously scandalized the Governor and the principal
magistrates and officers of the government by charging them with
depriving the people of their rights and liberties, taking away trial by
jury, and, in short, putting an end to the law itself. If this was not a
libel, he said, he did not know what was one. Such persons as will take
those liberties with governors and magistrates he thought ought to
suffer for stirring up sedition and discontent among the people.
He concluded by saying that the government had been very much traduced
and exposed by Mr. Zenger before he was taken notice of; that at last it
was the opinion of the Governor and the Council that he ought not to be
suffered to go on to disturb the peace of the government by publishing
such libels against the Governor and the chief persons in the
government; and therefore they had directed this prosecution to put a
stop to this scandalous and wicked practice of libeling and defaming His
Majesty’s government and disturbing His Majesty’s peace.
Mr. Chambers then summed up to the jury, observing with great strength
of reason on Mr. Attorney’s defect of proof that the papers in the
information were false, malicious, or seditious, which it was incumbent
on him to prove to the jury, and without which they could not on their
oaths say that they were so as charged.
Public-domain text, read in full here on John Shaqi.
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