New York weekly journal; Zenger, John Peter, 1697-1746
MR. HAMILTON. May it please Your Honor, I agree with Mr. Attorney that
government is a sacred thing, but I differ widely from him when he would
insinuate that the just complaints of a number of men who suffer under a
bad administration is libeling that administration. Had I believed that
to be law, I should not have given the Court the trouble of hearing
anything that I could say in this cause.
I own that when I read the information I had not the art to find out
(without the help of Mr. Attorney’s _innuendos_) that the Governor was
the person meant in every period of that newspaper. I was inclined to
believe that they were written by some who (from an extraordinary zeal
for liberty) had misconstrued the conduct of some persons in authority
into crimes; and that Mr. Attorney (out of his too great zeal for power)
had exhibited this information to correct the indiscretion of my client,
and at the same time to show his superiors the great concern he had lest
they should be treated with any undue freedom.
But from what Mr. Attorney has just now said, to wit, that this
prosecution was directed by the Governor and the Council, and from the
extraordinary appearance of people of all conditions, which I observe in
Court upon this occasion, I have reason to think that those in the
administration have by this prosecution something more in view, and that
the people believe they have a good deal more at stake, than I
apprehended. Therefore, as it is become my duty to be both plain and
particular in this cause, I beg leave to bespeak the patience of the
Court.
I was in hopes—as that terrible Court where those dreadful judgments
were given, and that law established, which Mr. Attorney has produced
for authorities to support this cause, was long ago laid aside as the
most dangerous Court to the liberties of the people of England that ever
was known in that kingdom—that Mr. Attorney, knowing this, would not
have attempted to set up a star chamber here, nor to make their
judgments a precedent to us. For it is well known that what would have
been judged treason in those days for a man to speak, has since not only
been practiced as lawful, but the contrary doctrine has been held to be
law.
In Brewster’s case,[4] for printing that subjects might defend their
rights and liberties by arms in case the king should go about to destroy
them, he was told by the Chief Justice that it was a great mercy he was
not proceeded against for his life; for to say the king could be
resisted by arms in any case whatsoever was express treason. And yet we
see since that time that Doctor Sacheverell was sentenced in the highest
court in Great Britain for saying that such a resistance was not lawful.
Besides, as times have made very great changes in the laws of England,
so in my opinion there is good reason that places should do so too.
Public-domain text, read in full here on John Shaqi.
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