New York weekly journal; Zenger, John Peter, 1697-1746
And may not I be allowed, after all this, to say that by a little
countenance almost anything that a man writes may, with the help of that
useful term of art called an _innuendo_, be construed to be a libel,
according to Mr. Attorney’s definition of it—to wit, that whether the
words are spoken of a person of a public character or of a private man,
whether dead or living, good or bad, true or false, all make a libel.
For according to Mr. Attorney, after a man hears a writing read, or
reads and repeats it, or laughs at it, they are all punishable. It is
true that Mr. Attorney is so good as to allow it must be after the party
knows it to be a libel, but he is not so kind as to take the man’s word
for it.
Here were several cases put to show that although what a man writes of a
governor were true, proper, and necessary, yet according to the
foregoing doctrine it might be construed to be a libel. But Mr.
Hamilton, after the trial was over, being informed that some of the
cases he had put had really happened in this government, declared that
he had never heard of any such; and as he meant no personal reflections,
he was sorry he had mentioned them, and therefore they are omitted here.
MR. HAMILTON. If a libel is understood in the large and unlimited sense
urged by Mr. Attorney, there is scarce a writing I know that may not be
called a libel, or scarce a person safe from being called to an account
as a libeler. For Moses, meek as he was, libeled Cain; and who is it
that has not libeled the Devil?
For according to Mr. Attorney it is no justification to say that one has
a bad name. Echard has libeled our good King William;[10] Burnet has
libeled, among others, King Charles and King James; and Rapin has
libeled them all.[11] How must a man speak or write; or what must he
hear, read, or sing; or when must he laugh so as to be secure from being
taken up as a libeler?
I sincerely believe that were some persons to go through the streets of
New York nowadays and read a part of the Bible, if it was not known to
be such, Mr. Attorney (with the help of his _innuendos_) would easily
turn it into a libel. As for instance Isaiah 9:16: “The leaders of the
people cause them to err; and they that are led by them are destroyed.”
Should Mr. Attorney go about to make this a libel, he would read it
thus: The leaders of the people (_innuendo, the Governor and Council of
New York_) cause them (_innuendo, the people of this Province_) to err,
and they (_the people of this Province meaning_) that are led by them
(_the Governor and Council meaning_) are destroyed (_innuendo, are
deceived into the loss of their liberty_), which is the worst kind of
destruction.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account