New York weekly journal; Zenger, John Peter, 1697-1746
But the point will be clearer on our side from Fuller’s case.[7] Here
you see is a scandalous and infamous charge against the late king; here
is a charge no less than high treason, against the men in public trust,
for receiving money of the French king, then in actual war with the
crown of Great Britain; and yet the Court were far from bearing him down
with that star chamber doctrine, to wit, that it was no matter whether
what he said was true or false. No, on the contrary, Lord Chief Justice
Holt asks Fuller, “Can you make it appear that they are true? Have you
any witnesses? You might have had subpoenas for your witnesses against
this day. If you take it upon you to write such things as you are
charged with, it lies upon you to prove them true, at your peril. If you
have any witnesses, I will hear them. How came you to write those books
which are not true? If you have any witnesses, produce them. If you can
offer any matter to prove what you wrote, let us hear it.” Thus said,
and thus did, that great man, Lord Chief Justice Holt, upon a trial of
the like kind with ours; and the rule laid down by him in this case is
_that he who will take upon him to write things, it lies upon him to
prove them, at his peril_. Now, sir, we have acknowledged the printing
and publishing of those papers set forth in the information, and (with
the leave of the Court) agreeable to the rule laid down by Chief Justice
Holt, we are ready to prove them to be true, at our peril.
MR. CHIEF JUSTICE. Let me see the book.
Here the Court had the case under consideration a considerable time, and
everyone was silent.
MR. CHIEF JUSTICE. Mr. Attorney, you have heard what Mr. Hamilton has
said, and the cases he has cited, for having his witnesses examined to
prove the truth of the several facts contained in the papers set forth
in the information. What do you say to it?
MR. ATTORNEY. The law, in my opinion, is very clear. They cannot be
admitted to justify a libel, for by the authorities I have already read
to the Court it is not the less a libel because it is true. I think I
need not trouble the Court over again. The thing seems to be very plain,
and I submit it to the Court.
MR. CHIEF JUSTICE. Mr. Hamilton, the Court is of the opinion that you
ought not to be permitted to prove the facts in the papers. These are
the words of the book, “It is far from being a justification of a libel
that the contents thereof are true, or that the person upon whom it is
made had a bad reputation, since the greater appearance there is of
truth in any malicious invective, so much the more provoking it is.”
MR. HAMILTON. These are star chamber cases, and I was in hopes that that
practice had been dead with the court.
MR. CHIEF JUSTICE. Mr. Hamilton, the Court have delivered their opinion,
and we expect that you will use us with good manners. You are not to be
permitted to argue against the opinion of the Court.
Public-domain text, read in full here on John Shaqi.
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