Delmarva Heritage Series, by Dr. William H. Wroten, Jr.
Freedom of the Press - Trial of Peter Zenger
Salisbury Times - August 25, 1958
In
development of the American mind one of the most significant facts has been that
early in American history the press was relatively free. During the colonial
period the sentiment for freedom of the press was growing and in some of the
colonies the principle was being accepted. The famous case of John Peter
Zenger was one of the greatest milestones on the path of freedom which is such a
major characteristic of the American newspaper. It should be of interest to the
people of the Delmarva Peninsula that the two principals in this noteworthy
trial were inhabitants of the Shore-John Peter Zenger, the accused, and
Andrew Hamilton, his attorney.
John Peter Zenger, the first
martyr in the struggle for free press in America, was born in Germany. At
the age of 13, in 1710, he migrated to America. His father died on ship,
leaving a widow, John Peter, a younger brother, and a sister. In 1711, John
Peter was apprenticed for eight years to the first printer in New York, William
Bradford. At the end of his indenture/apprenticeship, Zenger married Mary
White and settled in Chestertown, MD. Here he became a naturalized citizen
and in 1720, he petitioned the General Assembly to be allowed to print the
session laws. The petition was granted, but it was debatable whether he
ever printed them. One source claims that he did, but more reliable sources
say that no trace of these session laws can be found.
His stay in Chestertown,
however, was not long for his wife soon did and he returned to New York where he
married Anna Catherina Maulin, also a native German. Zenger was the father
of six children, one by his first wife and five by his second.
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Zenger, now a freeman of the
city, in 1725 formed a partnership with his ex-master, Bradford, but the
following year set up in business for himself. The books which he
published during this period, mostly in Dutch, were polemical tracts and English
and Dutch sermons. In 1730 he printed Peter Venema's Arithmetica, the
first arithmetic book in the New York Colony.
In the early 1730's,
Gov.
William Cosby made several major changes in the administration of the colony
which brought about a powerful protest from all classes of people. In 1733
the leaders of this revolt backed Zenger as the publisher and editor of the New
York Weekly Journal, an anti-administration paper, as opposed to William
Bradford's New York Gazette, organ of the government.
Judging from the
style of the first articles to appear in Zenger's newspaper, they must have been
written by his better educated backers of the legal profession. Although
Zenger never gained a good command of the English language, his own articles
show "a courageous and polemical spirit."
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No matter
who the author, Zenger as the publisher was legally responsible and in 1734,
action was taken by the government for his punishment. Issues of his paper
containing criticism of the governor and his council was ordered burned.
Shortly thereafter Zenger was arrested, and as his bail was set high, he was
forced to remain in jail. Zenger remained in jail nearly 10 months and
during that time the paper was published each week by his wife, who received her
instructions "through the Hole of the Door of the Prison."
Zenger was finally brought to trial in April, 1735, but at the time his
counselors were barred for attacking the validity of the judges. When he
came up for trial again in August, 1735, the famous Andrew Hamilton was on hand
to plead his case.
Very little is
known of the early life of Andrew Hamilton, the later eminent Philadelphia
lawyer, It is believed he came to Accomack County, Virginia, sometime late
in the 17th century. In Accomack County he taught and acted as a steward
of an estate. In 1706 he married Anne Brown Presson, the widow of the
estate's owner. It is said that Hamilton's wife assisted him valuable
connections in Maryland. Be that as it may, two years after his marriage
he purchased an estate of 6,000 acres on the Chester River in Maryland. He
lived in Kent County for some years, built up a legal practice, and represented
Kent County in the General Assembly. Hamilton's public career really had
its beginning when he was a member of the Assembly, and while there in 1715, he
served on a committee which framed a code for the province which remained the
law, with little change, for the rest of the colonial period.
- : -
After his return
from a visit to England in 1712 - 1713, he began to establish a law practice in
Philadelphia as well. In 1717 he was appointed attorney-general of
Pennsylvania. From 1724 to 1726, he was once again in England, this time
representing the interests of the Penn family. On his return to America,
the proprietors (Penns) granted him an estate of 153 acres in what is now the
very heart of Philadelphia. From this time on he held many important
offices in Pennsylvania. One source states, "His independence,
versatility, and self-confidence are illustrated by his connection with the
erection of the Pennsylvania State House, afterward known as Independence
Hall. Its site and main architectural features are due to him."
But his main title to fame is the successful defense of John Peter Zenger
against the charge of seditious libel.
When Zenger's
first lawyers were disbarred, he was left practically defenseless as the rest of
the lawyers in New York were either of the Governor's group or else too
intimidated to be helpful. Unbeknown, however, the leaders of the revolt
had invited Andrew Hamilton to undertake the defense of Zenger and the issue of
the press's freedom.
The aged Hamilton
admitted that Zenger was the author of the articles, which under the common law
of criminal libel of that day was just the same as saying Zenger was guilty as
charged. But Hamilton went beyond this and pleaded for the right of the
jury to inquire into the truth or falsity of the libel, and when the court said
this could not be done Hamilton appealed to the jury itself. His argument
centered around the doctrine in common law that "truth is a defense against
libel." Part of this speech, which has been called the "greatest
oratorical triumph won in the colonies prior to the speech of James Otis against
writs of assistance," is given below.
"The
question before the Court and you Gentlemen of the jury, is not of small nor
private Concern, it is not the Cause of the poor Printer, nor of New York alone
which you are now trying. No! It may in its consequence affect every
Freeman that lives under a British Government on the mainland 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 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
security to ourselves, our posterity, and our Neighbors, That to which Nature
and the Laws of our Country have given us a Right -- the Liberty both of
exposing and opposing arbitrary Power (in these Parts of the World, at least) by
speaking and writing Truth."
The jury's
unanimous verdict of "Not Guilty" was well received by the
people. Even in England it created quite a stir, four editions of the
London reprint of the speech were required in less than four months.
Although it was not until 55 years later in 1792 that England followed this
liberal line in her libel laws, and not until 1805 that New York enacted a libel
law admitting truth as a defense, the result of Zenger's trial established the
freedom of the press in the colonies and it settled the right of juries to find
a general verdict in libel cases.
Not long
afterwards, in 1741, Andrew Hamilton died and is buried in the Christ Church
graveyard, Philadelphia. Zenger, after the trial, printed a complete
verbatim account of the trial --A Brief Narrative of the Case and Trial of John
Peter Zenger. As a reward for his services, Zenger was made the public
printer for New York in 1737 and also for New Jersey in 1738. He was soon
dismissed from both positions, however, because of his poor English and
ignorance of idioms.
- : -
Although one
might say that Zenger died in poverty in 1746, his wife carried on the paper
until December, 1748, when it was taken over by John Zenger, a son of his first
marriage, who continued it until 1751, when the life of this famous newspaper
came to an end.
The American
press and the American people owe a great debt to Zenger and Hamilton, and the
jurors who heard the case, for helping to establish a barrier against arbitrary
power. The seeds of liberty were planned during that period by great
Americans. Let us hope that America continues to produce and honor such
courageous and freedom-loving men.
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