New York weekly journal; Zenger, John Peter, 1697-1746
Men who injure and oppress the people under their administration provoke
them to cry out and complain, and then make that very complaint the
foundation for new oppressions and prosecutions. I wish I could say that
there were no instances of this kind.
But to conclude. The question before the Court and you, Gentlemen of the
Jury, is not of small or private concern. It is not the cause of one
poor printer, nor of New York alone, which you are now trying. No! It
may in its consequence affect every free man that lives under a British
government on the main of America. It is the best cause. It is the cause
of liberty. And I make no doubt but your upright conduct this day will
not only entitle you to the love and esteem of your fellow citizens, but
every man who prefers freedom to a life of slavery will bless and honor
you as men who have baffled the attempt of tyranny, and by an impartial
and uncorrupt verdict have laid a noble foundation for securing to
ourselves, our posterity, and our neighbors, that to which nature and
the laws of our country have given us a right—the liberty of both
exposing and opposing arbitrary power (in these parts of the world at
least) by speaking and writing truth.
Here Mr. Attorney observed that Mr. Hamilton had gone very much out of
the way, and had made himself and the people very merry; but that he had
been citing cases not at all to the purpose. All that the jury had to
consider was Mr. Zenger’s printing and publishing two scandalous libels
that very highly reflected on His Excellency and the principal men
concerned in the administration of this government—which is confessed.
That is, the printing and publishing of the journals set forth in the
information is confessed. He concluded that as Mr. Hamilton had
confessed the printing, and there could be no doubt but they were
scandalous papers highly reflecting upon His Excellency and on the
principal magistrates in the Province—therefore he made no doubt but
that the jury would find the defendant guilty, and would refer to the
Court for their directions.
MR. CHIEF JUSTICE. Gentlemen of the Jury: The great pains Mr. Hamilton
has taken to show how little regard juries are to pay to the opinion of
judges, and his insisting so much upon the conduct of some judges in
trials of this kind, is done no doubt with a design that you should take
but very little notice of what I might say upon this occasion. I shall
therefore only observe to you that as the facts or words in the
information are confessed, the only thing that can come in question
before you is whether the words as set forth in the information make a
libel. And that is a matter of law, no doubt, and which you may leave to
the Court.
MR. HAMILTON. I humbly beg Your Honor’s pardon, I am very much
misapprehended if you suppose that what I said was so designed.
Public-domain text, read in full here on John Shaqi.
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