New York weekly journal; Zenger, John Peter, 1697-1746
Is it not surprising to see a subject, upon receiving a commission from
the king to be a governor of a Colony in America, immediately imagining
himself to be vested with all the prerogatives belonging to the sacred
person of his prince? And, which is yet more astonishing, to see that a
people can be so wild as to allow of and acknowledge those prerogatives
and exemptions, even to their own destruction? Is it so hard a matter to
distinguish between the majesty of our sovereign and the power of a
governor of The Plantations? Is not this making very free with our
prince, to apply that regard, obedience, and allegiance to a subject,
which is due only to our sovereign?
And yet in all the cases which Mr. Attorney has cited to show the duty
and obedience we owe to the supreme magistrate, it is the king that is
there meant and understood, although Mr. Attorney is pleased to urge
them as authorities to prove the heinousness of Mr. Zenger’s offense
against the Governor of New York. The several Plantations are compared
to so many large corporations, and perhaps not improperly. Can anyone
give an instance that the head of a corporation ever put in a claim to
the sacred rights of majesty? Let us not (while we are pretending to pay
a great regard to our prince and his peace) make bold to transfer that
allegiance to a subject which we owe to our king only.
What strange doctrine is it to press everything for law here which is so
in England? I believe we should not think it a favor, at present at
least, to establish this practice. In England so great a regard and
reverence is had to the judges that if any man strikes another in
Westminster Hall while the judges are sitting, he shall lose his right
hand and forfeit his land and goods for so doing. Although the judges
here claim all the powers and authorities within this government that a
Court of King’s Bench has in England, yet I believe Mr. Attorney will
scarcely say that such a punishment could be legally inflicted on a man
for committing such an offense in the presence of the judges sitting in
any court within the Province of New York. The reason is obvious. A
quarrel or riot in New York cannot possibly be attended with those
dangerous consequences that it might in Westminster Hall; nor (I hope)
will it be alleged that any misbehavior to a governor in The Plantations
will, or ought to be, judged of or punished as a like undutifulness
would be to our sovereign.
From all of which, I hope Mr. Attorney will not think it proper to apply
his law cases (to support the cause of his governor) which have only
been judged where the king’s safety or honor was concerned.
Public-domain text, read in full here on John Shaqi.
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