John Peter Zenger

“ The men of the Revolution were well aware of their indebtedness. Gouverneur Morris spoke for them all when he delivered his famous judgment that “The trial of Zenger in 1735 was the morning star of that liberty which subsequently revolutionized America.”
Britain herself did not go unaffected by what had happened in the City Hall of her New York Colony. As far as it concerned freedom of the press, the Zenger case fell into place in a transition that had long been developing in the classical home of libertarian ideas. ”

“ A witness to the increased importance of the common man is Cadwallader Colden. He became lieutenant-governor of New York, and as such a defender of the crown’s prerogative; but he was a veteran of the Zenger controversy, and in the midst of an even greater crisis (that following the Stamp Act) he gave it as his considered opinion that to prosecute newspapermen for libel would be very dangerous in view of the feeling among the people. Journalists became bolder in their criticism, more sure of themselves when they had public opinion with them. ”

“ By creating political journalism in the true sense, the Journal did as much, perhaps, as any other single agent to create the American way of life. If we find censorship stifling today, we owe that phenomenon of our moral physiology in no small degree to the battle that was fought and won by Peter Zenger.
On the constitutional side, the Zenger case helped snap the leading strings that bound the American Colonies to the mother country.
It made resistance to governors more respectable. Governor Cosby’s defeat, like Peter Zenger’s vindication, was a legal precedent. ”

“ In the Journal, where Cosby is called a “Nero,” his kept journalist is his “spaniel.” The Gazette retorts with epithets like “seditious rogues” and “disaffected instigators of arson and riot,” and proposes that the name “Zenger” be turned into a common-noun synonym for “liar.”
The men behind the opposition newspaper made a point of referring to Harison obliquely in satirical mock “advertisements” like these:
A large spaniel of about five foot five inches high has lately strayed from his kennel with his mouth full of fulsome panegyrics, and in his ramble dropped them in the New York Gazette. ”

“ Months before the newspaper war began Van Dam had resolved to keep the New York public and the London authorities informed of the way in which the Cosby suit for half of his salary was going, and he began to publish successive accounts, with Peter Zenger doing the printing for 41 him just as for the rest of the Popular party. Zenger’s business got better as the political controversy got worse. In the summer of 1733 he turned out for Alexander and Smith their arguments against the validity of the equity court. ”

“ He failed in every other attempt to silence the Journal, and then brought the printer into a court of law to answer the charge of seditious libel.
So far everything was in order. But as soon as the trial got under way things began to go wrong. Andrew Hamilton had come from Philadelphia to speak for the defense; and he, with all the eloquence for which he was famous, propounded the novel theory (novel for America, at least) that freedom of the press is a basic need of society. He insisted that the people have a right to know what their government is doing. ”

“ Zenger was really a strong, courageous citizen, who, while he may not have written some of the learned articles in his paper, was the one who stood for them, showing a great deal more character and vigor than the anonymous, if educated, contributors. It is a sad comment on their gentle descent that they allowed another man to go to jail for what they had written. ”

“ The defense of Zenger’s person was a defense of Alexander’s philosophy of journalism. The victory engineered by Hamilton was the result of a courtroom campaign along lines laid down by Alexander.
Perhaps it would be too strong to say that the genius behind the Journal was our greatest editor, but it would be hard to name one of equal importance. If we believe, as we do, that freedom of the press is essential to our civilization, surely we ought to give due recognition to the first American to say so and to act effectively. ”

“ Robert Hunter, at that time "Governor-inChief of New York, New Jersey, and Territories Depending Thereon in America," apprenticed Zenger on October 26, 1710, for eight years to William Bradford the printer whose newspaper has just been mentioned. Zenger, after he had become fairly proficient at his trade, ran away from his employer and drifted first into Pennsylvania and later into Maryland. Upon his return to New York he formed a partnership with Bradford. ”

“ At this time New York had no newspaper to speak for the Popular Party, as Bradford's Gazette was practically a Government organ and its editor had to follow the directions of the Government "under the penalty of losing 50 pounds per annum salary and the title of the King's Printer for the Province of New York." As Zenger was poor and barely able to make both ends meet, there can be no doubt that when he brought out The New-York Weekly Journal on November 5, 1733, he was assisted financially by those opposed to the ruling powers. ”

“ If you should be of the opinion that there is no falsehood in Mr. Zenger’s papers, you will, nay (pardon me for the expression) you ought, to say so—because you do not know whether 128 others (I mean the Court) may be of that opinion. It is your right to do so, and there is much depending upon your resolution as well as upon your integrity.
The loss of liberty, to a generous mind, is worse than death. And yet we know that there have been those in all ages who, for the sake of preferment, or some imaginary honor, have freely lent a helping hand to oppress, nay to destroy, their country. ”

“ But this lack of information is by no means crippling to the historian of the period. If we would prefer to know more about Peter Zenger, the plain truth is that half a dozen other men were of more consequence than he in the establishment of a free press in New York. He was neither the editor of his newspaper nor even a principal writer for it during its great days; his function hardly went beyond that of the mere printer. He became famous almost by accident, famous as a symbol rather than as a motivating force. ”

“ The Journal overtly and even clamorously threw off subservience to the Colonial government. It followed the lead of the British papers that had already begun the battle for a free press, and carried the fight into the American arena. Many evil and stupid men had been sent to the New World as representatives of the crown, but until the Zenger era they were able to keep the press sufficiently in line. It was the misfortune of Colonel William Cosby, one of the worst and stupidest, to collide with a newspaper that would not give way. ”

“ Nowadays it is a Constitutional right that “Excessive bail shall not be required,” but in Zenger’s day there was no such rule. His bail was so high that neither he nor his friends could meet it. The fact that he was put in jail also helped sway public opinion in Zenger’s favor.
The record of the Zenger trial as it is developed in this book is one of the notable case histories of American jurisprudence. Andrew Hamilton, Zenger’s able attorney, made such a case for his client that it attracted attention not only in the colonies but in England. New York voted him the freedom of the city. ”

“ On all these counts the Brief Narrative needs overhauling for our purposes.
This does not imply any distortion: the bulk of Alexander’s text is here just as it came from Zenger’s press. Most of the pamphlet is still perfectly clear, and it would be pointless to change anything simply for the sake of change. More than that, it is preferable to keep to the original wherever possible in order to catch something of the eighteenth-century atmosphere.
Clarity is the touchstone. Nothing has been allowed to stand that might trouble readers who are not familiar with obsolete usages. ”

“ This last was the case of Zenger at New York, as appears by the printed trial and the verdict of the jury. It was a popular cause. The liberty of the press in that Province depended on it. On such occasions the dry rules of strict pleading are never observed. The counsel for the defendant sometimes argues from the known principles of law, then raises doubts and difficulties to confound his antagonist, now applies himself to the affections, and chiefly endeavors to raise the passions. Zenger’s defense is to be considered in all those different lights. ”

“ The full import of his victory in court is not yet exhausted, and very likely never will be. As time passes we understand more exactly just how great a blow it would have been if Governor Cosby had been able to kill the magnificent pioneering experiment in independent journalism that the Journal was. We appreciate better than our ancestors the overwhelming significance of the trial of Peter Zenger, that for the first time an American practitioner of unfettered news coverage had won a complete and avowed vindication through the orderly official process of a trial by jury. ”

“ Alexander had been a leader of the Popular party from the beginning of its struggle with Governor Cosby. He had conspired against the Governor, fought him in the Courts and through the press, and used every weapon to hand in an all-out effort to ruin him politically. There was hardly a dissident movement in New York with which Alexander was not allied as adviser or mentor. It was only natural that 70 he should have been one of Zenger’s lawyers, for he understood as few others could just what the administration attack amounted to, and how a counterattack should be developed. ”

“ Nay, not only the Governor but both the Council and the Assembly are scandalized. For there it is plainly said that “as matters now stand, their liberties and properties are precarious, and that slavery is like to be entailed on them and their posterity.” And then again Mr. Zenger says, “The Assembly ought to despise the smiles or frowns of a governor; that he thinks the law is at an end; that we see men’s deeds destroyed, judges arbitrarily displaced, new courts erected without consent of the legislature; that it seems that trials by jury are taken away when a governor pleases ”

“ During the year 1734 the quarrel between Governor Cosby and his enemies went on, and then in December he learned that Lewis Morris had sailed for England. Things were becoming more tense. The two factions had met head-on in another election contest, that for the Common Council of New York City, and again the Governor had suffered a humiliating defeat. Smarting with resentment, and goaded by mounting fury, he had promptly turned around and thrown himself on the one man who was vulnerable: he had jailed Peter Zenger on the charge of “seditious libel.” ”

“ Peter Zenger’s indentures were for eight years, during which time he toiled at the Bradford press, beginning at the bottom as a typical ink-stained printer’s devil and working his way up in the profession that Bradford liked to call “the art and mystery of printing.” Peter never became a refined practitioner, for one reason because his grasp of the English language remained defective, but he came out of his training as skilled as many others in the field, and he was obeying a sound instinct when, his indentures up, he decided to strike out for himself as an independent. ”

“ MR. ATTORNEY. May it please Your Honors and you, Gentlemen of the Jury. The information now before the Court, and to which the defendant, Zenger, has pleaded “Not guilty,” is an information for printing and publishing a false, scandalous, and seditious libel in which His Excellency, the Governor of this Province, who is the king’s immediate representative here, is greatly and unjustly scandalized as a person that has no regard to law or justice; with much more, as will appear upon reading the information. ”

“ James Alexander and William Smith, disbarred for their exceptions to the commissions of the two Justices of the Supreme Court, won reinstatement in their practice after an appeal to the legislature. Their appeal was printed by Peter Zenger under the title, The Complaint of James Alexander and William Smith to the Committee of the General Assembly of the Colony of New York (1735) . Here is the centerpiece of their argument:
We conceived the innocence of our client no sufficient security while we esteemed the Governor his prosecutor, who had the judges in his power. ”

“ 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? ”

“ The trial of the printer was the critical moment for all concerned, the leaders of both sides being as anxious about the outcome as was Peter Zenger himself. Cosby had done everything he could to ensure a verdict in his favor. The defense countered by bringing in the leading attorney of Philadelphia, perhaps of the colonies, Andrew Hamilton. The common people of the city thronged the galleries as the proceedings began. ”