(Cornell UNIVERSITY LIBRARY 3 1924 029 492 026 ^^^^^ olin Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924029492026 This work is issued in an edition limited to threehundredandtwenty-fivecopies on deckle edge paper, and thirty - five copies on Japan paper JOHN PETER ZENGER yohn Peter Zenger His Press, His Trial AND A BIBLIOGRAPHY OF ZENGER IMPRINTS BY LIVINGSTON RUTHERFURD ALSO A Reprint of the First Edition of the Trial NEW YORK DODD, MEAD & COMPANY M C M I V Copyright, 1904, by DoDD, Mead & Comfahy TO C. S. F. S. PUBLISHER'S NOTE The Publishers make grateful acknowledgment to the New York Public Library for permission to copy the portraits of Rip Van Dam and Lewis Morris and to make use of its valu- able collection of Zenger imprints; to the Pennsyl- vania Historical Society for permission to copy the portrait of Andrew Hamilton, repro- duced as frontispiece ; and to other persons and public libraries for their assistance in the prepa- ration of the bibliogra- phy of the issues ofthe Zeng- er Press kl'*f»^^*Ff"f*f"l'*l'f ^^^ PREFACE HILE the events herein related are, perhaps, not as generally known as they should be, nevertheless, consti- tuting as they do the earliest warning of the coming Revolution, they are of interest and importance in the study of the de- velopment of the Nation. The editor wishes to state that he is under great obligations to the late Paul Leicester Ford for the loan of Charles R. Hildeburn's notes, which form the basis of the Bibliography of the different Zenger presses, and to Miss Robinson, of the American Anti- quarian Society ; Mr. Fames, of the New York Pub- lic Library, and Mr. Kelby, of the New York His- torical Society. The following abbreviations have been used in the Bibliography : B.M. British Museum. PREFACE B.P.L. Boston Public Library. C.E.N. Charles Eliot Norton, Cambridge, Mass. C.H.S. Connecticut Historical Society. E.D.C. E. Dwight Church, New York. H.S.P. Historical Society of Pennyslvania. L. New York Public Library, Lenox Collection. L.C.P. Library Company of Philadelphia. H.U. Harvard University. N.J.H.S. New Jersey Historical Society. N.J.S.L. New Jersey State Library. N.Y.H.S. New York Historical Society. N.Y.S.L. New York State Library. W.N. William Nelson, Paterson, N. J. Ed. Editor. No effort has been made to locate all known copies. TABLE OF CONTENTS CHAPTER I Political Conditions. Arrival of Cosby, His Charac- ter. Litigation with Rip Van Dam. Erection of the Court of Exchequer. The Removal of Lewis Morris from the Bench. Partisanship of DeLancey and Philipse. Termination of Van Dam's Case. Complaints against Cosby. His Increasing Unpopularity. Political Parties. . . i CHAPTER II Extent of the City in 1734. John Peter Zenger, Commencement of the New York "Weekly Jour- nal. Contributors. Character of the Articles. DeLancey's first Charge on Libels. The Inci- dent of Harison's Letter. Speeches before the Assembly. City Election. Songs on the Elec- tion. DeLancey's Second Charge on Libels. Burning of the Songs. Reward offered by Cosby. Burning of the Journals. Arrest of Zenger. Dis- barment of Alexander and Smith. Their Com- plaint. John Chambers Appointed Counsel for Zenger. Andrew Hamilton Retained for Zenger. 25 xi CONTENTS CHAPTER III MG. The Trial. Names of the Jury. The Alleged Libel- lous Articles. The Trial. The Acquittal. Hamil- ton presented with the Freedom of the City. Zenger's subsequent Career. His Descendants. Effect of the Trial on the Law of Libel and on Popular Government 60 CHAPTER IV Bibliography of the Issues of the Zenger Press, 1725- 1751 ^33 CHAPTER V Literal Reprint of the First Edition of the Trial. . .171 CHAPTER VI Bibliography of the Trial of John Peter Zenger. . . 247 CHAPTER VII List of Issues of the New York Weekly Journal. . 257 Index 269 •3 §• •! B» •a ^ ^. ILLUSTRATIONS [All the initial letters and head- and tail-pieces used in these volumes are reproducdons from issues of the Zenger Press.] FACING PAGE I Portrait of Andrew Hamilton .... Title II Portrait of James Alexander lo III Portrait of Rip Van Dam i6 IV Portrait of Lewis Morris a8 V One of the Songs Ordered to be Burnt . . 38 VI Proclamations of Governor Cosby .... 42 VII Proclamations of Governor Cosby .... 44 VIII Power of Attorney Signed by Zenger ... 46 IX Order Disbarring James Alexander and Wil- liam Smith 50 X First Page of the N. Y. Weekly Journal, No. vii 64 XI Document Signed by Governor Cosby . . . 86 XII Letter Signed by Rip Van Dam 116 XIII Letter from Hamilton to Alexander . . . .128 XIV Letter .from Zenger to Hamilton 132 XV Klagte — Bradford and Zenger, 1725 (Title- page) 136 xiii ILLUSTRATIONS FACING PAGI XVI The Charter of the City of New York — Zenger, 1735 (Title-page) 152 XVII A Brief Narrative of the Case and Tryal of John Peter Zenger, etc., 1736 (First page) . 246 «^ ACCOUNT OF POLITICAL CONDITIONS, ZENGER'S PRESS AND TRIAL CHAPTER I POLITICAL CONDITIONS GOVERNOR COSBY'S ARRIVAL HIS INCREASING UNPOPULARITY FTER the English occupation of New^ York, in 1664, the inhabitants of the colony found themselves op- pressed by a government that w^as arbitrary and despotic in its charac- ter. Grants of revenue were made generally for the use of the Crovs^n, the revenues w^ere disbursed by the governors, practically as they saw fit, and the people could not compel them to account. The governor was vested with power to convene and dissolve the Assembly at pleasure, and was given an absolute negative on the acts of the Assembly. The fiscal officer was the receiver-gen- eral, who was responsible only to his superiors in London. The salaries of royal governors and judges were fixed, and so long as they were promptly re- ceived these officials paid but little attention to the needs of the people and the development of the Colony. The people, through their Assemblies, demanded that this state of affairs be radically changed. They JOHN PETER ZENGER asked that revenue grants should be limited to spe- cific purposes only ; that the money levied should be confided to an officer responsible to the legisla- ture ; that the revenue should be granted from year to year, and that the salaries of governors and judges should be dependent annually upon popular content- ment. These proposed changes constituted a great invasion of the prerogatives of the Crown, and w^ere long and stubbornly resisted both by the governors and the colonial authorities in London. The people just as stubbornly insisted upon acquiescence in their demands, as they saw in this legislation their only safeguard against the avaricious character of the men appointed to govern the country, and the form of government which they administered. The contest thus early commenced continued throughout the colonial period, and as the same questions came up for settlement in the other colo- nies the country gradually became united in its de- mands, and the spirit of the people grew bolder, un- til finally the unjust measures of Parliament were more than sufficient to kindle the long smoldering fires of revolt into the blaze of open rebellion. The period covered by the administration of William Cosby as governor, from 1732 to 1736, was marked by a series of arbitrary acts which nearly produced a revolution, and which developed a hos- tility of political feeling almost as bitter as any which our generation has experienced. The oppressions culminated in the trial of John Peter Zenger, which was one of the most stirring incidents of colonial days. Its results were of greater magnitude than any JOHN PETER ZENGER of the participants could have imagined. It estab- lished the freedom of the press in North America, it wrought an important change in the law of libel, and marked the beginning of a new era in popular government. It came about under the following circumstances. On the death of Governor John Montgomerie on the first day of July, 173 1, after an uneventful ad- ministration of about three years. Rip Van Dam as senior councillor, according to a well-established cus- tom, succeeded to the office of governor until the arrival of the new appointee. Van Dam was a mem- ber of an old Dutch family, and was born in Albany about 1662. He was bred to the sea and made a voyage to Jamaica in 1686. For many years he carried on a shipyard with his partner, James Mills, in the rear of Trinity Church, and was interested in several vessels. In 1690 he was one of the petition- ers for relief from the arbitrary measures of Leisler. He was Assistant Alderman from 1693 to 1696, and was commissioned a member of King's Council in 1702 under Governor Cornbury, and held the office for thirty-three years. He was appointed a master in Chancery in 171 1, and again in 1720. He mar- ried in 1684 Sara Vanderspeigel, and died June 10, 1749. He was the last native of New York of Dutch extraction who presided at Council under English rule, and to his Dutch blood may be attrib- uted the pertinacity which he displayed in his con- test with Governor Cosby. Smith, the historian, says, " Van Dam was an eminent merchant of a fair estate, though distinguished more for the integrity JOHN PETER ZENGER of his heart than for his capacity to hold the reins of government." He performed the duties of gov- ernor for thirteen months, and his administration, though short, vv^as peaceful and popular. At the close of his term warrants v^ere passed by Council giving him the salary and fees of the office received during the period of his incumbency. William Cosby, the new governor, was the tenth son of Alexander Cosby of Stradbally Hall, Queens County, Ireland. He had been Equerry to the Queen, and was Colonel of the Royal Irish Regi- ment, and retained his rank when he received his appointment as governor. He arrived in New York on the first day of August, 1732, on His Majesty's Ship, " Seaford." James Alexander had previously written Cadwallader Colden about him, saying : " Our Doubts about our Governor are now Re- solved, Coll. Cosby having kist the King's hand for New York and New Jersey in January Last, and has sent his private Secretary and some other servants to prepare the house and all things for him. The Gov- ernor was to Sail the tenth of this month, and pro- poses to be here in May. He is a man about 45 and gay — has the Earl of Halifax's Sister for his wife, 2 daughters almost women and a son." Cosby wrote to Van Dam about this time, say- ing : " I shall be much obliged to you if you give Orders that care be taken of the Garden, and proper things be sow'n in for the Season ; and care also be taken of Nutton Island and the Game preserved." Cosby probably owed his appointment to the in- fluence of the Duke of Newcastle. He had not JOHN PETER ZENGER long before been removed from the governorship of the Island of Minorca, w^here he had made himself intensely unpopular by his appropriation of the rev- enues, and where he had become involved in serious litigation by his arbitrary confiscation of the prop- erty of a Spanish merchant, made prior to a decla- ration of w^ar between England and Spain. He sold part of the property and retained the proceeds, se- creted the papers in the case and denied the injured merchant the right of appeal. He was a man of limited education ; he lacked prudence and intelli- gence, and did not distinguish between power and right. He was avaricious, and his only idea of diplo- macy was superior force. His disposition was haughty and pompous, and he was possessed of a violent tem- per, over which he exercised little or no control. In colonial days the arrival of a governor was a most important event; he was the direct representa- tive of the King, his influence and authority were all-powerful, and the prosperity of the people was directly dependent upon his policy. We can, there- fore, understand the anxiety with which the people awaited Cosby's coming, especially as they had heard rumors of his maladministration at Minorca. Yet he was warmly welcomed. The Boston Weekly News Letter says : "On Tuesday last his Excellency William Cosby, Esq; Governour of this Province, arrived at Sandy Hook in his Majesty's Ship Seaford, Capt. Long, Com- mander, in seven Weeks from Great Britain, and landed here about i o o' Clock, in the evening, and was received at the Waterside by several Gentlemen, who attended JOHN PETER ZENGER him to the Fort. The next Day between the Hours of 1 1 & 1 2 his Excellency walked to the City Hall, (a Company of Halbertiers & a Troop of Horse march- ing before, and the Gentlemen of this Majesty's Coun- cil, the Corporation, and a great number of Gentle- men and Merchants of this City following, the Streets being lin'd on each side with the Militia) where his Commission was published, and then his Excellency returned (attended as before) to the Fort. The Militia then drew up on the Parade and saluted him with three Vollies." The Assembly met and voted him a salary of fifteen hundred pounds and gave him a gratuity of seven hun- dred and fifty pounds for his alleged services in procur- ing the repeal of a sugar bill which was considered detrimental to the interest of the middle colonies. The affairs of the Colony were peaceful and the people hoped for a quiet administration . But they were soon disappointed. When Cosby was told by Lewis Morris, Chief Justice of the Supreme Court, about his present from the Assembly, he became angered at the smallness of the gift and shouted violently, ** Damn them, why didn't they add the shillings and pence ? Do they think I came here for money? I'll show them." The Assembly afterwards raised the amount to one thousand pounds. This incident showed the real char- acter of the man, for it seems extremely doubtful whether he contributed in any way to the repeal of the bill, and by the King's instructions he was forbidden to take any presents whatsoever from the Assembly. Within a short time after his arrival Governor Cosby produced a royal order dated May 31, 1732, 8 JOHN PETER ZENGER which gave him one-half of the salary, perquisites and emoluments of the office from the time of his appointment until he arrived in America. He served a copy on Van Dam, who conceived he had a right to retain what he had collected, and at first refused to pay over anything unless compelled by due course of law. It was alleged by Van Dam that the salary and perquisites annexed to such an office passed with the office, and that the person on whom, by law, the burden of the office was laid, was entitled to its ben- efits. The people considered the order a piece of favoritism in behalf of a royal appointee against a native of the Colony, and their sympathies were im- mediately aroused in favor of Van Dam. Later, Van Dam expressed his willingness to comply with the order provided that Cosby would account for what he had received, alleging that Cosby had collected some six thousand pounds more than had come into his hands, and really owed him three thousand pounds. Cosby declined to accept this proposition, and Van Dam retained what he had col- lected. Cosby then determined to sue, but he was puzzled to know just how to proceed. The matter was one of account and could not be brought in the Supreme Court, as it possessed no equity jurisdiction. He could not sue in Chancery as he himself was chancellor, while a suit at common law would ad- mit of a set-ofl?" by Van Dam, and he was afraid lest a jury would render a popular verdict against him. Cosby, therefore, by an ordinance dated December 4, 1732, attempted to give the Judges of the Supreme Court authority to hear causes as Barons of the Ex- JOHN PETER ZENGER chequer, and directed Richard Bradley, the Attor- ney-General, to bring an action there in the King's name, although Cosby was the person beneficially interested in the result. The people had always been most firmly opposed to the erection of a court of Equity without consent in general Assembly, and former assemblies had in 1702, 1708, 171 1 and 1727 passed resolutions condemning in the strongest terms the erection of such a court. Therefore, the pass- ing of this ordinance merely to serve the purpose of an avaricious governor, became at once the basis of union for the opposition to Cosby's administration. The proceedings which followed are interesting not only as leading directly to the trial of Zenger, but from the prominence of the persons connected with them. Lewis Morris, who was Chief Justice of the Su- preme Court, was a son of Richard Morris of Mor- risania, and one of the most distinguished men of his time. He was born in 1671, and early entered upon an active public career. He represented the Borough of Westchester in the Assembly from 171 1 to 1738, or twenty-seven years, a much longer pe- riod than any other citizen has ever been returned to that body by his constituents. He was a member of Council from 1721 to 1729, Boundary Commis- sioner in 1723 and Chief Justice of the Supreme Court from 171 5 to 1733, Judge of the Court of Admiralty for nearly fifteen years and Governor of New Jersey from 1738 to 1746. He was a man of great intellectual power, bold and fearless in his manner, and his temper, though hasty, was well con- 10 JOHN PETER ZENGER trolled. He married, in 1691, Isabella, daughter of James Graham, who was Attorney General and a member of Council. Their many descendants have always been prominent in state and national affairs for their ability and patriotism. James Delancey, second justice of the Supreme Court, born in 1703, was a son of Etienne DeLan- cey and Anna Van Cortlandt. He was appointed a member of Council in 1729 on the death of his uncle, John Barbarie, and held office for twenty- four years. He was Chief Justice of the Supreme Court from his appointment in 1733 until his death, Lieutenant Governor in 1753, and Governor in 1755. He was a man of education and ability, and his arbitrary rulings in the Van Dam and Zenger cases can scarcely be reconciled with his subsequent conduct as Governor, except on the score of the most bitter partisanship. Frederick Philipse, third justice, also held his position from his appointment for the remainder of his life. He was born in Barbadoes and married a daughter of Anthony Brockholst. He died in 1751. He is said to have been a worthy gentleman of plentiful fortune, "though with no pretensions to learning of any kind." James Alexander, counsel for Van Dam and later for Zenger, was born in Scotland in 1691, and came to New York in 171 5, where he began the study of the law. By his industry and application he soon rose to a high place in the profession. He was At- torney General in 1721, and member of Council from 1 72 1 to 1737, and from 1750 to 1756. He II JOHN PETER ZENGER was elected to the Assembly in 1737, and was a member of Council for New Jersey from 1722 until his death. He was one of the founders of the American Philosophical Society and was prominently connected with every public enterprise of his day. Smith says, " Though no speaker, he was at the head of his profession in sagacity and penetration, and in the application of business no man could surpass him." He was a man of great depth of mind, and boldly espoused the side of the people in their fight against Cosby. Though he was well known as a man of ability and integrity in both New York and New Jersey, yet Cosby wrote the London Board of Trade urging his removal from Council, saying, " He is very obnoxious to most in the Council as well as to every honest man in both Provinces having the char- acter of a very tricking dishonest man, and therefore very unfit to sit in King's Council." William Smith, also counsel for Van Dam and Zenger, was born in England in 1697, and it is said that he came to New York in the same ship with Alexander. He too became prominent in the pro- fession of the law as a man of talent and integrity. He was appointed Recorder September 30, 1736, and one ofthe incorporators of Princeton College in 1746. He was appointed Attorney General in 1751, mem- ber of Council from 1753 to 1767, and Justice of the Supreme Court from 1763 to 1769. Richard Bradley, the Attorney General, was ap- pointed in 1723, and held office until his death in 1752. But he early fell under the displeasure ofthe Assembly, as they considered " he was in the habit 12 JOHN PETER ZENGER of filing informations on his own notion with a view rather to squeeze money from those he prosecuted than from any just cause." When the action was commenced by the Attor- ney General, Van Dam was advised by his counsel, Alexander and Smith, to bring suit against Cosby for the half of what Cosby had received over and above the amount collected by Van Dam. But, to his as- tonishment, the clerk of the court refused to affix a seal to the summons, and Cosby would not answer the declaration. Accordingly, Van Dam was put on his defense in Cosby's action and his counsel, by way of plea, offered the following exceptions to the being and jurisdiction of the court : " \st. For that (Your Honours being applyed to as Justices of the supream Court) the supream Court was erected and established by Ordinance, in the Time of His late Majesty King George the first, and in His Name, and that that Ordinance expired by His Death, at least before exhibiting this Bill ; and that there has been no Ordinance or other Act or Thing done, in the present King's Time, to re-es- tablish that Court ; and therefore no such Court now existing. 2dly. For that His present Majesty, by His Com- mission to Governour Montgomerie, under the great Seal of Great Britain, having commanded him to ex- ecute all Things in due Manner, according to the Powers granted by that Commission, and the Instruc- tions therewith given; and by the 39/^6 of these In- structions, His Majesty having required the said Gov- ernour Montgomerie to grant Commissions, with the 13 JOHN PETER ZENGER Advice of the Council, to Persons ft to be fudges in this Province, as by the Instructions proffered ; and yet the said Governour granted Your Honours Commis- sions, without such Advice ; and therefore not pur- suant to the Authority aforesaid ; And it's put to Your Honours Judgment, Whether, after Knowl- edge of this Defect, You will take upon You the Power of judging in this Cause ? "i^dly. For that the Defendant says. Your Honours have not any Authority or Jurisdiction to compel the Defendant to answer upon Oath, touching the Matters in the Bill : And that there is no Prescrip- tion, Act of Parliament, nor Act of Assembly, to establish any supream Court, nor to impower any Court or Person to hold Cognizance of Pleas, in a Course of Equity, in or for this Province : And therefore pray Your Honours Opinion, whether the Defendant ought to be compelled to answer you in a Course of Equity." It was further alleged that it was the business of an equity court to grant relief where it could not be had by common law, and not to deprive the subject of the right to trial by jury ; and that the King was not a person interested in the proceeding, having by his order given his interest in the salary and fees to the Governor. Rule to argue the plea was filed February ist, 1733, and the argument was set down for April 9th, 1733. Lewis Morris, at the opening of the court, delivered a long and exhaustive opinion against its jurisdiction in equity causes, and then left the bench, declining to have anything further to do with the 14 JOHN PETER ZENGER case. The closing sentence of his opinion was as follows: "And as I take it the giving of a new Jurisdiction in Equity by Letters Patent to an old Court, that never had such Jurisdiction before, or Erecting a new Court of Equity by Letters Patent or Ordinance of the Governor and Council, without Assent of the Legislature, are equally unlawful, and not a sufficient Warrant to justify this Court to proceed in a Course of Equity. And therefore by the Grace of God, I, as chief Justice of this Province, shall not pay any Obedience to them in that Point." Cosby was intensely angered by the opinion and wrote Morris a savage letter, impugning his integ- rity and demanding a copy of what he had said in court. Morris sent him a copy, together with a letter, a part of which reads as follows : "As to my Integrity, I have given You no Oc- casion to call it in Question. I have been in this Office almost twenty years, my Hands were never foul'd with a Bribe ; nor am I conscious to myself, that Power or Poverty hath been able to induce me to be partial in the Favour of either of them. And as I have no Reason to expect any Favour from you, so am I neither afraid nor ashamed to stand the Test of the strictest inquiry you can make concerning my Conduct. I have served the Public faithfully and honestly, according to the best of my Knowledge; and I dare and do appeale to them for my Justification." He was then summarily removed from his office without the advice of Council, although he had served for nearly eighteen years without complaint. 15 JOHN PETER ZENGER His opinion was published and ran through two editions. In the following August DeLancey was commissioned Chief Justice and Philipse second Justice. The number of the judges of the Supreme Court was thus arbitrarily reduced from three to two, for Daniel Horsemanden was not appointed third judge until 1737. DeLancey and Philipse, however, decided that they had jurisdiction to determine matters in equity in a court of Exchequer and proceeded to hear coun- sel. Yet, although the whole case was set down, they heard argument on the third exception only, and then ordered that the plea in the case be set aside without further argument. At the time of the argument, counsel for Van Dam handed up a further exception to the commission of the judges, "that they were not granted for life nor during good behaviour." The clerk read it, endorsed it and noticed it as filed, when Philipse, without argument, ordered the min- ute to be blotted out, the endorsement to be razed, the exception to be taken off the file, and handed back to counsel, nor would he allow a bill of excep- tions for use on appeal. On November 30, 1733, Van Dam wrote a let- ter to Cosby's representative, in which he submitted three articles as a basis for the settlement of their troubles. But it was returned the next day, "it being such a Heap of INTELLIGIBLE (sic) Stuff, as I think very IMPROPER to trouble myself or the Gover- nor with. and doubt not but I shall hear that those will prove your best Friends on the End, who advised you TO MAKE PEACE ON ANY TERMS." 16 VS.V..W VAK ItPAKff JOHN PETER ZENGER Van Dam published his case as it progressed, say- ing, " As the Wellbeing of the People of this Pro- vince, and their Posterity, is much concerned in the Consequences of that Opinion on my Demurrer, I think it my Duty, for their Sakes as well as mine own, to publish it at large, .... in order that they may, before it is too late, see the Bondage and Slavery, which may possibly follow from it But as the Press here is so weak-handed and slow, it will be a Work of some Time, before that Argument and Opinion can be printed, which makes me chuse the publishing these short Proceedings first." He comments on the answer to his letter as fol- lows: "Here the Reader will also see the modern Doc- trine of Keeping in with Governours ON ANT TERMS wound up to a higher Pitch, even to make Peace ON ANT TERMS, and movingly inculcated. The meaning of which Doctrine seems to be this. If Governours have a Mind to any Part or all of your Estate, by all means give it to them; for if you offer to keep it when they demand it, that is not making of Peace on any Terms. This Doctrine I take it to be that of passive Obedience and Non-Resistance, which every Lover of Liberty and the glorious Rev- olution ought strenuously to oppose." After the court overruled Van Dam's plea he de- cided not to appear again until Cosby had answered his declaration. The Attorney-General then took out a commission of rebellion against him and a re- turn was filed stating, "The said Rip Van Dam is not found." This proceeding rendered his estate liable to sequestration. The following affidavits show »7 JOHN PETER ZENGER the remarkable way by which the return to the com- mission was made. They are reproduced as showing the spirit which animated this litigation. " William Spinks, Mariner on Board His Maj- esty's Ship the Seaford, aged about Twenty six Tears, being duly sworn on the holy Evangelists of Almighty God, on his Oath doth declare, that on or about the Tenth or Eleventh day of this instant January, one Queen Marsh, formerly belonging to the said Ship, but now he believes out of all Employ, and who lodges at Mr. Hammonds, next Door to the Coffee-house, came to Mrs. Hawkins's, a public k House upon the Dock, where this Deponent and William Fearn lodge, and got into Company with the Deponent and the said William Fearn, and called for Liquor to treat them with, and after some Hours Drink- ing, he told the Deponent and the said Fearn, that he had a Paper concerning Van Dam, that he would be obliged to them if they would set their Hands to, he said there was no Harm in it, and confirmed it with many Oaths, and that the Captain knew of it, and that it would oblidge the Captain as much as the Governour. Then he took out a Parchment, which he never opened to them, but shewed them upon the back of it some Words to this Purpose, the within mentioned is not to be found. And the said Marsh said it was only to put their Names to that after him, and he would sign it first, and swore many Oaths, they would never be called to an Account for it: Where- upon the said Marsh signed his Name under the said Words, and the Deponent and the said Fearn, signed after him. The Deponent says, he has since heard and believes that the above Parchment was a writ against Mr. Van i8 JOHN PETER ZENGER Dam to take him ; but the said Marsh did never tell them so at that Time, nor to this Deponent never before, and he believes not to Fearn neither. And this Deponent doth say, that he verily believes the Capt. knew nothing of the said Writ ;for that he has expressed a great Deal of Anger and Resentment at this Deponent and the said Fearn, for signing, as before, and ordered them this Morning to go and declare the Truth, and their concern for the doing thereof; which this Deponent hereby does: And farther saith not. William Spinks. Sworn this igth Day o/' January 1733-4. Be- fore William Fearn, Mariner, on Board his Majesty's Ship Seaford, being duely sworn on the holy Evangelists, on his Oath doth declare, that he was present and heard the above William Spinks declare on Oath as before; and so far as relates to this Deponent of his the said Spinks' Affidavit, is true ; and the rest he believes to be true; and farther saith not." William Fearn. Sworn this igth Day o/" January 1733-4. Be- fore In his printed case Van Dam says : " The above Affidavits make it plain what low Means have been taken to bring my Estate into the Hands of a Gov- ernour, that he may cut and carve for himself. Here are Men plied with Drink, deceived by Falsehoods and Lies, and their Hands fixt to a Return, That I am not to be found, when these Men never stir'dfrom 19 JOHN PETER ZENGER their Seats to seek me. - - - I am always to be found at my own House, and am able and willing to pay my own Debts : - - - I have already shown in Print the Account, upon which I think a very great Balance due to me from the Governour, when even the whole of what is demanded of me is deducted, which shows the unjust Design of this Prosecution, and these last Affidavits evidence the scandalous and base Methods with which it is carried on. - - - My Case published has been called Libelling ; for my Part I don't pretend to understand Law, but I am sure it is Truth. And if I am to fall a Sacrifice to arbitrary Power, I have this Comfort left, that I have not de- served it, and hope I may be the last Example in this Province." Another writ against Van Dam was directed to the sergeant-at-arms returnable on February 7th, but it was not executed. This is the last record in the case which Smith says was never settled, and that the court took cognizance of no equity causes after Van Dam's. It is easy to understand what a ferment these proceedings caused. Here was a native of the Col- ony, a man who was rich, influential and popular, who was well known and respected, forced into ex- pensive litigation by a grasping and unscrupulous governor who denied him common justice, who was, in reality, attempting to help himself to the prop- erty of a private citizen, and who hesitated at noth- ing which he thought would aid him in accomplish- ing his purpose. The people had a long list of grievances against 20 JOHN PETER ZENGER their governor. They had been disgusted from the very first with the form and ceremony he affected when he received their representatives. Then, shortly after his arrival, while making a visit at Albany, he deliber- ately destroyed a deed to the corporation made by the Mohawk Indians. The deed had been made by the Indians for their protection against the rapid settling of the country, and was not to take effect until the dissolution of their tribe. It was destroyed because Cosby expected to receive certain fees when a new grant was executed. They had heard, too, that in several instances Cosby had refused to grant lands to settlers unless he was permitted to retain a third for his personal use. They had seen the Chief Justice of their Su- preme Court deposed from his office, because his opinion on a matter of law differed from the wish of the governor, and they rightly inferred that any other official who attempted to stand in his way would be dealt with in the same summary manner. Another serious complaint against Cosby was that at the assembly election held in Westchester in October, 1733, the Quaker voters were challenged on the ground that they were not freeholders, al- though they were all men of known estates. The sheriff required them to qualify by the usual oath. This they refused to do, but offered to affirm, as was their right, under the statute. Nevertheless, they were not permitted to affirm, and thirty-eight of them were arbitrarily disfranchised. These tactics were resorted to by Cosby's orders in the hope of defeating Lewis Morris, who was running against 21 JOHN PETER ZENGER William Foster, clerk of the Common Pleas, and who, it was said, paid Cosby one hundred pistoles for the appointment. They knew that only such members of the Council were summoned to the meetings as were favorable to Cosby's designs, and they therefore be- gan asking themselves if such a man as Van Dam could be wronged, how would a poor man fare ? What security did the Province offer for a man's person or property ? There were people living who could remember Andros, cruel and despotic ; Fletcher, avaricious and fanatical ; Cornbury, a bankrupt who came to New York to escape from his creditors; Hunter, timid and weak ; and now they were cursed with a Cosby, worse in many ways than his prede- cessors. How long were they to serve as the prey of unprincipled men ? Truly their position was indeed perilous, and they were rapidly realizing the truth of Van Dam's words when he said, " We are Tenants at Will to Governors, and exposed to be fleeced by them from Time to Time at their Pleasure." The practical effect of Cosby's conduct was the division of the people into two political parties, one the court party with Cosby as its leader, with James DeLancey, Frederick Philipse, Richard Bradley and Francis Harison as the principal members. They also had with them George Clarke, a member of Council, who succeeded Cosby as Governor in 1736; Daniel Horsemanden, another member of Council, afterwards Justice of the Supreme Court, and author of the rare "Narrative of the Negro Plot;" Arch- ibald Kennedy, later Earl of Cassillis, and Receiver 22 JOHN PETER ZENGER General of the Province for more than forty years; Joseph Murray, John Chambers, and a small follow- ing among the citizens at large. The opposition or popular party had a majority in the Assembly and a large following among the people. The principal men were Lewis Morris, Lewis Morris, Jr., James Alexander, William Smith, Rip Van Dam, Vincent Mathews, Gerardus Stuyves- ant, Philip Livingston, third Lord of the Manor, and Cadwallader Golden, who was member of Council for fifty-five years. Surveyor General of the Province, and later Lieutenant Governor. The following bit of gossip was found among the papers of an intimate friend of Colden : " In '6i on Gov. Monckton's appointment to the Expedition against Martinico he (Colden) took the reins of Government which he held till the end of '65 when Sir H. Moore arrived. On Sir Harry Moore's arrival he retired to a Farm on Long Island, where I took my leave of him in '73. Tho far advanced he still retained all his Faculties and an- nually a set of his friends went from the City to celebrate his Birth-Day, when he cheerfully took his Bottle till 2 in the Morning." The following is an extract from a letter written by Philip Livingston to James Alexander, which shows the state of feeling towards Cosby and his party. Alexander had previously written to Livingston com- plaining of the seizure of his letters. " If Mr. Van Dam had suffered himself tamely to be devoured certainly another Morcell, as you say, would have followed, no person could expect to have 23 JOHN PETER ZENGER escaped. If you and a few more had not opposed the arbitrary proceedings, they had been established to the Ruin of the whole Province. . . . It's very shock- ing that your letters have been intercepted. There can nothing bad enough be expected or apprehended from such Vile Varlets who are guilty of such Felony." Vincent Mathews, who was a prominent man in Orange County, being at different times County Clerk, Assemblyman and Boundary Commissioner, also wrote as follows to Alexander : " If the Hand of Providence does not arrest and give us some relief very quickly, I cannot see that any one Man of Honour and Honesty can remain in this Province without falling a Sacrifice to the basest and vilest of Villains." It is not surprising, therefore, tq find a letter from Alexander to a friend in London, describing the situation of the Province in the following lan- guage: ' "The people of this Province had deservedly gained the character of being as easily governed as any in the King's dominions. They are generally industrious, the greatest number of them Dutch, and seldom trouble their heads with politics, but such people generally are most violent when they appre- hend their liberties and properties to be in danger, and indeed we were lately afraid of their breaking out into open violence." CHAPTER II EXTENT OF THE CITY IN 1 734 THE BEGINNING OF ZENGER's newspaper INCIDENTS LEADING TO THE TRIAL N 1734 the City of New York con- tained about 10,000 inhabitants, of whom fully 1,700 were negro slaves. On the west side of the island, above what is now Cortlandt street, there was only an occasional house to be met with, and the same was true of the east side north of Frankfort street. South of this, however, the town was far from being solidly built up. In 1731 there were only 1,500 houses in the city, and in the same year it is recorded that quail could be killed in the brush east of the present Broadway. There was but little business carried on, and it was principally in the direction of importing from abroad the supplies necessary for the Colony. The Fort, the Governor's House, the City Hall, and the churches were the principal buildings. Little devo- tion was paid to the arts and sciences and there were no indications of the controlling power which the city was destined to exert. There was but one news- paper, " The New York Weekly Gazette," the first 25 JOHN PETER ZENGER paper published in the Colony, founded by William Bradford in October, 1725. At first it was merely a half sheet of foolscap, but in 1726 and 1727 it was occasionally issued with four pages. It was printed in a crude and rough fashion and its columns were filled principally with foreign news and advertise- ments, yet small and poor as it was it was amply suf- ficient for the needs of the public. As Cosby became day by day more and more un- popular, one can almost see the citizens of New York gathering at their favorite meeting places, the Black Horse Tavern and the market place, and dis- cussing the latest actions of their Governor. It was really the only way they had for ascertaining what was going on, for Bradford was a conservative man, and being public printer his paper was, naturally enough, devoted to upholding Cosby's position. There was, however, in New York at this time, beside Bradford, a poor German printer, John Peter Zenger by name, who was carrying on a struggling little business. The records of Zenger's life are very meagre and but little is known of him. He was born in Germany, the name of the place is unknown, in 1697. He was one of a large com- pany of Palatines who were sent to America in 171 o by Queen Anne. With him came his mother Jo- hanna, his sister Anna Catharina, and a brother Jo- hannes. The father of the family died on ship- board. After their arrival in New York the boy John was apprenticed to William Bradford on October 26, 171 1, for a term of eight years. At the expi- ration of his apprenticeship he went to Maryland, 26 JOHN PETER ZENGER probably with the expectation of finding better op- portunities for practicing his trade, and settled at Chestertown in Kent County. In April, 1720, he petitioned the Maryland Assembly to be allowed to print the session laws. His petition was granted and it was suggested that he be given seven hundred pounds of tobacco for doing the work, but no trace of these session laws can be found, and it is doubt- ful if he ever printed them. At a later session of the Assembly Zenger applied for naturalization ; his bill was the first to pass and it cost him a fee to the Speaker of j^i, ids., and 15s. to the Clerk. He saw but little chance of success in Maryland and returned to New York, where on September II, 1722, he married Anna Catharina Maulin, who is said to have been one of the first persons interested in Sunday School work in the city. The records of the Dutch Church state that Zenger was a widower at the time of this marriage, and it is known that his son John was born in 171 9, but it is impossible to discover where the first marriage took place or who his first wife was. On September 10, 1723, Zenger was made a freeman of the city, having been naturalized July 6 of the same year. In 1725 he formed a partnership with Bradford, but it was of short duration, and there is but one book extant bearing the imprint of their joint names. In 1726 Zenger started in business for himself. His shop was on Smith street, which was that por- tion of the present William street lying between Maiden Lane and Pearl. In May, 1734, he moved to Broad street near the Long Bridge. - He printed 27 JOHN PETER ZENGER a few political tracts and a number of unimportant books, principally theological in character and writ- ten in Dutch. In 1730 he brought out "Vanema's Arithmetica," which was the first arithmetic printed in the Colony. After Cosby's erection of the Court of Ex- chequer and his removal of Morris, the popular party determined that the people of the Colony should see him in his true character. For this pur- pose it was necessary that they should have a news- paper. Accordingly they selected Zenger for their printer and probably aided him financially in starting the " New York Weekly Journal, containing the freshest Advices, Foreign and Domestic," the first number of which appeared November 5, 1733. The idea of the popular party was, that a printed account of Cosby's actions would arouse such a storm of indignation that he would surely be recalled. The following extracts are from letters written about this time to former Governor Robert Hunter by James Alexander: " Our Governor who came here but last year has long ago given more Distaste to the People than I verily believe any Governor that ever this Province had during his whole government Nothing does give a greater lustre to your and Mr. Burnet's administrations than the being succeeded by such a man." " Inclosed is the first of a newspaper designed to be continued Weekly and chiefly to expose him and those ridiculous flatteries with which Mr. Harison loads our other Newspaper which our Governor claims and has the privilege of suffering 28 JOHN PETER ZENGER nothing to be in but what he and Mr. Harison approve of." A censorship of the press had been established by the commission and instructions issued to Gov- ernor Bellomont in 1697 as follows: " For as much as great inconveniences may arise by the liberty of printing within the province of New York, you are to provide all necessary orders that no person keep any press for printing, nor that any book, pamphlet or other matter whatsoever be printed without your especial leave and consent first obtained." But it does not seem to have been continued in the commissions of subsequent governors, or Cosby would certainly have taken this means of suppressing the new paper. Lewis Morris, Lewis Morris, Jr., James Alex- ander, William Smith and Cadwallader Golden were the principal contributors to the columns of the new paper. Indeed, they wrote practically everything but the news notices. Alexander seems to have been editor in chief and to have passed on most of the contributions prior to their publication, as many manuscript articles designed for the "Journal" are found among his papers. Zenger was poorly edu- cated, and he possessed little experience or skill in his trade. His business ventures up to this time had been failures and, with a large family to support, he was very poor. It seems certain that he went into the newspaper scheme from a commercial point of view only, and without any adequate idea of the re- sults which were to be accomplished. 29 JOHN PETER ZENGER The " Journal " was a folio in size, with four pages. The press work was better than that of the " Gazette," but there were many grammatical er- rors, Zenger's knowledge of English being very limited. The paper sold for three shillings per quarter, and advertisements cost three shillings for the first insertion and one shilling for each insertion thereafter. The " Journal " immediately proved to be a very popular paper, and some of the earlier numbers ran through as many as three editions. Supplements, which up to that time had only been used on rare occasions for governor's addresses and fiscal state- ments, became common. The articles were written with spirit and cleverness, and they were eagerly read. In the second number there appeared an article on the liberty of the press, which was used as the text of many others. The articles were filled with direct allusions to Cosby and his conduct. For in- stance, in number four there is an article on civil government and its obligations, with the following : " A supream Magistrate may be conceived to injure his Subjects, if in his Dealings with them, he treats them either not as Subjects, or not as Men. The Duty of a supream Magistrate respects either the whole People, or particular Persons ; and thus much he owes to the whole People, that he procures the Good and Safety of the Community, according as Laws direct and prescribe. Therefore he injures the whole People, if he evades or suffer these LAWS to be evaded to their hurt." 3° JOHN PETER ZENGER In the same number appeared the following ad- vertisement : " A Large Spaneil, of about Five Foot Five Inches High, has lately stray'd from his Kennel vrith his Mouth full of fulsom Panegericks and in his Ramble dropt them in the NEW-YORK-GAZETTE ; when a Puppy he was mark'd thus ^ ffi* ^.nd a Cross in his Forehead, but the Mark being worn out, he has taken upon him in a heathenish Manner to abuse Man- kind, by imposing a great many gross Falsehoods upon them. Whoever will strip the said Paneger- icks of all their Fulsomness and send the Beast back to his Kennel, shall have the Thanks of all honest Men, and all reasonable Charges." This is directed at Francis Harison, who, as an ardent adherent of Cosby, wrote many articles to the "Gazette" supporting his actions. In number five there is an article on " Trial by Jury," with an allusion to Cosby's depriving Van Dam of a jury trial in their disputes. A quotation from it is as follows : "Deservedly therefore is this Tryal by Juries, ranked amongst the choicest of our fundamental Laws, which whosoever shall go about openly to suppress, or craftily to undermine, does ipso facto, ATTACK THE GOVERNMENT, AND BRING IN AN ARBITRARY POWER, AND IS AN ENEMY AND TRAYTOR TO HIS COUN- TRY." In number eight is an article by Lewis Morris, purporting to be an interview with a magician, in which he says that from the initial letter of the sur- 31 JOHN PETER ZENGER name of a Governor, one might form a judgment as to his character and conduct. " Provinces have also their Cabala Letters, and York and Jersey seem pretty much under the same Influence, the H's and C"j pertain to them. The H seems to be a fortunate Letter, witness Hamilton, Hurley, and Hunter, Men of amiable Charac- ters. On the contrary C has always proved unhappy, either to the Government, or to themselves, or both : He instanced Campbell and Cartaret in Jersey, and Coot znd Cornbury in New-York." Then follows an account of Cornbury's adminis- tration, and a parallel is drawn between it and Cos- by 's by implication, and the article concludes with, " What has once been may be again." In number nine we learn that, " T^he Spaniel strayed away is of his own Accord returned to his Kennel, from whence he begs Leave to assure the Pub- lic, that all those fulsome Panegirics were dropt in the New York Gazette by the express Orders of His Master. That for the gross Falsehoods he is charged with imposing upon Mankind, he is willing to undergo any Punishment the People will impose on him, if they can make full Proof in any Court of Record that any one In- dividual Person in this Province {that knew him) be- lieved any of them." In number ten the articles begin to take the form of letters apparently written by the subscrib- ers, and replies were made to the articles in the " Gazette." It can readily be seen that the new pa- per and the radical tone of its articles created great excitement, as nothing like it had before appeared in the Province. Both parties read it, and everybody 32 JOHN PETER ZENGER wondered what the next number would disclose. About this time Van Dam's case, which was printed in sections, was brought out, and for a while Zenger probably had more work than he could attend to. In fact Zenger says in number twelve in a card to his patrons, " / must acknowledge my Obligations to you to be suchy that you do so plentifully supply me, that tho for some Weeks past I have used my small- est Letter, and to put as much into a Paper as was in my Power, yet I have now Supplies suficient to f II above seven weekly Papers more. . . . I have thought of pub- lishing a Thursdays Journal weekly for the next garter." At the opening of court on January 15, 1734, Jus- tice DeLancey, referring to Van Dam's case, charged the grand jury on libels, saying, "You must have observed, that of late there have been served Papers printed, with a Design and a Tendency to alienate the Affections of His Majesty's Subjects of this Province from the Persons whom His Majesty had thought it fitting to set over them ; and in particular, some Men with the utmost Virulency have endeavored to asperse his Excellency and vilify his Administra- tion; they have spread abroad many seditious Libels, in order to lessen in the People's Minds the Regard which is due to a Person in his High Station. . . . The Authors are not certainly known, and yet it is an easy Matter to guess who they are, that by mak- ing Use of Mr. Van Dam's Name, have gain'd some credit among the common People, which they were not wont to have, and never thought to have deserved." He concluded by saying, " I know most of you 33 • JOHN PETER ZENGER Personally, and I make no doubt but that you will discharge your Duty." The charge covered six folio pages, but the grand jury returned no indictments. This was followed by a pamphlet entitled, " Some Observations on the Charge delivered to the Grand Jury by the Honourable James DeLancey," written by Lewis Morris, in which the new Chief Justice was severely criticised for his application of the law. The court party then found themselves in a quandary: the case against Van Dam had been dropped on account of the rising indignation of the people. But now they were stung by the attacks of the "Journal," which were sharper than ever since the failure of the Grand Jury to indict, though or- dered to do so by the Chief Justice in the plainest language possible. They were sullen and revenge- ful, and denounced Alexander and Morris at every opportunity, as they were the head and front of the movement against Cosby. Cosby again complained to the London Board of Trade, saying: ** Cabals were form'd against the Government and a meeting of their factious men is still held sev- eral nights in a week at a private lodging which I have discover' d Alexander always prsent and Morris." The Governor's wife had been heard to say that her highest wish for Alexander and Smith was to see them strung up on the gallows at the gate of the Fort. Accordingly, their next step was a more desperate one. On the evening of Friday, February i, 1734, as some of James Alexander's friends, Mr. and Mrs. John 34 JOHN PETER ZENGER Hamilton and Mrs. Ann DePeyster, were leaving his house, they picked up a letter outside the door di- rected to Mrs. Alexander. On being read, it proved to be an anonymous demand for money coupled with a threat to destroy the members of the family in case of a refusal. James Alexander at once recognized the address as being similar to the handwriting of Francis Harison, William Smith and Colonel Lurt- ing, the Mayor, also recognized the writing as simi- lar to Harison's. Alexander was summoned to at- tend before a committee of the Council appointed to investigate the matter, but declined to appear, since Harison was one of the committee. The matter was brought to the attention of the grand jury. After deliberation they declared that there was a similarity of hands, refusing to say to whose, and asked the Governor to offer a reward for the discov- ery of the writer. The Governor accordingly of- fered a reward of fifty pounds for the discovery of the author of the letter and fifty pounds to any accom- plice who would come forward and make known the truth of the matter. From a letter written soon after this time by James Alexander to Lewis Morris, we get his idea of the motive for the anonymous letter. He says : " By comparing the ' Spectator ' in Bradford's * Gazette ' of Jan. 28, the Monday before Friday the First of February when the incendiary Letter was found in my Entry, in which it's advanced that the taking away the good name of another was to be punished by Death ; that a good name is equal in value to Life itself, the words good name being several times in Italicks 35 JOHN PETER ZENGER there, and the papers published in the * Gazette ' Feb. 4, which must have been in the press before the incendiary letter was found, in which it's said a good name ought to be maintained by the Sacrifice of Life, and the next article in that paper concluding, * Cut off the Causes and the Effects will cease.' I say comparing these two Gazettes with the Report of the Council and Harison's Address, in which a good name is spoke of in the same way, they give not a small Light into the plot and design of the incendiary Letter and of the author or authors of it. For how could they expect, as the handwriting of the Letter was not much disguised, but that I should have proclaimed to all the author of it. As I did not, they were in their Committee in Harison's pres- ence to oblige me to say it. And then according to the papers in these two Gazettes, he was justified in destroying me at once, and a pety jury could have been found to have brought it in manslaughter from the heat of blood a man must be put into by hearing himself charged with such a villany. His motives to this murder are obvious for he found himself so pushed in Truesdell's two cases that there was no averting his disgrace but by mine or Smith's destruc- tion, and possibly they expected the Murder of me would cause all the rest of us to fly to save our Lives. You or Mr. Paris have those Gazettes which if You'll view with these Hints I believe this matter will appear plainer to you than I can point it out. There's a great satisfaction that he has left this Coun- try but a Dread that he may assassinate You, or have some ruffians do it, and You cannot be too much 36 JOHN PETER ZENGER upon Your guard against so execrable a villain and his plots." It is needless to say that the rewards offered by the Governor w^ere never claimed. Harison after- wards died in great poverty in London. In the meantime there had been a great outcry against the new court, many petitions complaining of it had been presented to the Assembly together with Van Dam's printed case. Finally the Assem- bly decided to hear counsel, and on June 7, 1734, William Smith delivered a long opinion against the jurisdiction of the court. He was followed on the twelfth by Joseph Murray, who spoke in favor of its procedure, but the Assembly seem to have taken no action in the matter. Smith's speech before the Assembly won so much support for the popular party that the Gover- nor, seeing the danger of the situation, invited per- sons of inferior station to the Fort and dined them at his table, many of whom signed an address ap- plauding the mildness and merit of his administra- tion. This sudden change of front on the part of Cosby, who had previously been very pompous in his bearing towards the citizens, is thus commented on in a letter to the "Journal ": " Mr. ZENGER : I Am a poor Man and have been Tenant to several Landlords since I came into this Country, I have Paid my Rents to all of them tho' some Times not on quarter Day, and have been well used by all my Landlords, except the Last, who has given me several gross Affronts, altho I have paid him by far the greatest Part of his Rent and made 37 JOHN PETER ZENGER him several handsom Presents. But now of late he grows extremely Civil, I am invited, and (when Business allows me to come) entertained after the elegantest Manner. I desire you to Publish this for I am at a Loss to know the Reason of this late and extraordinary Civility, is it not to Cajole me to sign a new Lease, or to give him more Rent ? " Among the signers of the address were the Al- dermen and Common Councilmen of the city. At the election held on St. Michael's day, 1734, the popular party put up opposition candidates to the signers. A bitter contest ensued, but the new can- didates were all elected. The " Journal " said : " Simon Johnson and Edie Myer (aldermen in South ward elected by four ma- jority) carried it against the Governour's Interest not- withstanding there voted against them a considerable Merchant who was an Inhabitant of another Ward, and about 1 5 of the Soldiers of His Majesty's Garri- son, besides the Recorder of the City and his Interest. .... All the Members that are chosen were put up by an Interest opposite to the Governour's except yohn More, (Dock ward i maj.) in whose Favour a great many of the City joyned, or he would have lost his Election. All those that were Aldermen and Com- mon-Councilmen before signed the Address to the Governour that is printed in Mr. Bradford's Gazette No. 449 except Alderman Styvesand, for which Reason he had no Opposition in the new Choice." In the evening there was great rejoicing over the popular victory ; houses were illuminated and speeches 38 JOHN PETER ZENGER were made. The next day a couple of ballads were circulated through the town commemorating the occasion, containing many sarcastic allusions to the Governor and his party. It would be interesting to know who the author of the ballads was, but he has left no trace of his identity. On October 15, 1734, Chief Justice DeLancey delivered another charge to the Grand Jury for New York county on the subject of Libels. Among other things he said, " I shall conclude with reading a Paragraph or two out of the same Book, concerning Libels; they are arrived to that Height that they call loudly for your Animadversion; it is high Time to put a Stop to them ; for at the rate Things are now carried on, when all Order and Government is endeavored to be trampled on ; Reflections are cast upon Persons of all Degrees, must not these Things end in Sedition, if not timely prevented ? Lenity you have seen will not avail, it becomes you then to enquire after the Offenders, that we may in a due Course of Law be enabled to punish them. If you. Gentlemen, do not interpose, consider whether the ill Consequences that may arise from any Dis- turbances of the publick Peace, may not in part, lye at your Door ?" He further said, " You must have heard of two Scandalous Songs that are handed about, it is your Duty to enquire the Author, Printer and Publisher of them. Sometimes heavy, half-witted Men get a knack of Rhyming, but it is Time to break them of it, when they grow Abusive, Insolent, and Mischiev- ous with it." 39 JOHN PETER ZENGER The jury returned a presentment of the songs on the election when the Supreme Court issued the fol- lowing order : " At a Supreme Court of Judicature held for the Pro- vince of New -York, at the City of New- York, Octob. 19, 1734. Present the Honourable James DeLancey, Esq; Chief Justice, the Honourable Frederick Philipse, Esq; second Justice. "THe Grand Jury having yesterday Presented two Scandalous and Seditious Songs or Ballads, lately dis- persed about this City, one entitled, A Song made upon the Election of New Magistrates for this City ; the other entituled, A Song made on the foregoing Occasion, both highly defaming the present Administration of His Majesty's Government in this Province, tending greatly to inflame the Minds of His Majesty's good Subjects, and to disturb and destroy that Peace and Tranquility which ought to subsist and be main- tained in this Colony and in all other well governed Communities ; of which Virulent, Scandalous and Se- ditious Songs or Ballads, they have not been able, on a strict enquiry, to discover either the Author, Printer or Publisher. // is therefore Ordered by the Court That said Virulent, Scandalous and Seditious Songs or Ballads be burnt before the City-Hall, sit- ting the Court, by the hands of the common Hang- man, or Whipper, on Monday, ted list of this In- stant, at 12 o'clock, and that the High-Sheriff of this City and County do take Order accord- ingly." The fact that out of the nineteen members of 40 JOHN PETER ZENGER this grand jury five had served on the first one, was probably the reason they returned no indictment. This method of procedure, having thus been found to be barren in results, on October 17th, the Coun- cil sent a message to the Assembly, saying that they had several of Zenger's Weekly Journals laid before them and other scurrilous papers tending to alienate the affections of the people of the Province from His Majesty's Government, and asked for a conference with a committee from the Assembly to examine into said papers and their authors. A com- mittee was appointed and the concurrence of the Assembly was asked for in the following : " That Zenger's Papers No. 7, 47, 48, 49 which were read, and which we now deliver, be burnt by the hands of the common Hangman, as contain- ing in them many Things derogatory of the Dig- nity of His Majesty's Government, reflecting upon the Legislature, upon the most considerable Persons, in the most Distinguished Stations in the Province, and tending to raise Seditions and Tumults among the People thereof. That you concur with us in Addressing the Governour to issue His Proclamation, with a Promise of Reward for the Discovery of the Authors or Writers of these Seditious Libels. That you concur with us in an Order for Prosecuting the Printer thereof. That you concur with us in an Or- der to the Magistrates, to exert themselves in the Ex- ecution of their Offices, in order to preserve the pub- lic Peace of the Province." On October 22, the House took the matter into consideration and after several debates it was " OR- 41 JOHN PETER ZENGER DERED THAT THE SAID PAPERS AND RE- QUEST LYE ON THE TABLE." On November 2, the papers and request were returned to Council, and on the fifth the Sheriff de- livered the following order of Council to the court of Quarter Sessions directed " To Robert Lurting, Esq ; Mayor of the City of New-Tork, and the Rest of the Magistrates for said City and County." " Whereas by an Order of this Board, of this Day, some of John Peter Zenger's Journals, entitled. The New- York weekly Journal containing the freshest Advices, foreign and domestick, No. 7, 47, 48, 49, were ordered to be burnt by the Hands of the common Hangman, or Whipper, near the Pillory in this City, on Wednesday, the dth Instant, between the Hours of Eleven and Twelve in the Forenoon, as containing in them many Things tending to Sedition and Faction, to bring His Majesty's Government into Contempt, and to disturb the Peace thereof, and containing in them likewise, not only Refections upon His Excellency the Governour in par- ticular, the Legislature in general, but also upon the most considerable Persons in the most distinguished Stations in the Province. It is therefore ordered. That the Mayor, and Magistrates of this City, do attend at the Burning of the several Papers or "Journals aforesaid. Numbered as above mentioned." Upon reading the order, the court forbade its entry in the records at that time, and some of the members declared that if it was entered they would at the same time enter their protest against it. On the sixth of November Governor Cosby issued two proclamations, one offering a reward of 42 JOHN PETER ZENGER fifty pounds for the conviction of the author of the articles in the " Journal ; " the other offering a re- ward of twelve pounds for the conviction of the author of the scandalous songs. On the same day the sheriff, John Symes, moved the court for compliance with the order, when one of the Aldermen read the following protest, which was approved by all the Aldermen, either expressly or by their not objecting to it : " And whereas this Court conceives, they are only to be commanded by the King's Mandatory Writs, authorized by Law, to which they conceive they have the Right of shewing Cause why they don't obey them, if they believe them improper to be obey'd, or by ORDERS, which have some known Laws to authorize them; and whereas this Court conceives, THIS ORDER to be no Manda- tory Writ warranted by Law, nor knows of no Law that authorized the making of the Order aforesaid ; So they think themselves under no Obligation to obey it : Which Obedience, they think, would be in them, an opening a Door for arbitrary Commands, which, when once opened, they know not what Dangerous Consequences may attend it. Wherefore this Court conceives it self bound in Duty, (for the Preserva- tion of the Rights of this Corporation, and as much as they can, the Liberty of the Press, and the Peo- ple of the Province, since an Assembly of the Prov- ince, and several Grand Juries, have refused to med- dle with the Papers, when applied to by the Council) to f rote st against the ORDER aforesaid and to forbid all the Members of this Corporation, to pay any Obedience to 43 JOHN PETER ZENGER it, until it be shown to this Court, that the same is Authorized by some known Law, which they neither know nor believe that it is." On reading the protest Francis Harison, the Re- corder, who was one of the Council present at the making of the order, was called on to show by what authority the order was made. He cited in its sup- port the case of Dr. Sacheverel's sermon, which was ordered burnt by the hangman, and said the Mayor and Aldermen of London were ordered to attend. To this one of the Aldermen replied that the cases were not parallel, that Sacheverel and his sermon had been impeached by the House of Commons and prosecuted before the House of Lords, which had cognizance of such affairs, and that he had a fair hearing for his defense ; and after such hearing he and his sermon had been justly and legally con- demned ; that the judgment did not direct the Al- dermen but only the Mayor and Sheriffs of London and Middlesex, to be present at the burning, and that the order on the judgment did not include the Mayor. It was further said that if the Recorder could show that the Council had the same authority as the House of Lords in the matter and that the papers had been legally condemned the case of Sacheverel would be in point. And he was asked to produce his authorities warranting this order, to which he made reply, that " he did not carry his Books about with him." It was suggested that he could send a constable for them. He then arose and cited the case of Bishop Burnet's Pastoral Letter which was 44 JOHN PETER ZENGER ordered burnt by the High Bailiff of Westminster, " upon which he abruptly went away, without wait- ing for an Answer or promising to bring his Books, and did not return sitting the Court." It was then moved that the protest be entered, but this was objected to on the ground that the or- der would then have to be entered and that " it was not fit to take any Notice of IT," and the court then agreed no entry should be made of either. The sheriff then asked that the court would direct their Whipper to perform the order, but they replied that as he was the officer of the Corporation they would give no such order. Zenger says : " Soon after which the Court ad- journed, and did not attend the Burning of the Papers. Afterwards about Noon, the Sheriff after reading the Numbers of the several Papers which were ordered to be burnt, delivered them into the Hands of his own Negroe, and ordered hini to put them into the Fire, which he did, at which Mr. Recorder, Jeremiah Dunbar, Esq ; and several of the Officers of the Garrison attended." On Sunday, November 1 7th, Zenger was arrested under the following warrant of the Council : "It is ordered that the Sheriff for the City of New-Tork, do forthwith take and apprehend yohn Peter Zenger, for printing and publishing several Se- ditious Libels dispersed throughout his Journals or News Papers, entitled. The New-York Weekly Journal, con taining the freshest Advices, foreign and domestic k; as having in them many Things, tending to raise 45 . JOHN PETER ZENGER Factions and Tumults, among the People of this Province, inflaming their Minds with Contempt of His Majesty's Government, and greatly disturbing the Peace thereof, and upon his taking the said yohn Peter Zenger, to commit him to the Prison or common Goal of said City and County. Fred. Morris, B. CI. Con." The issuing of this w^arrant by the Council w^as an extraordinary proceeding. In the first place, it was extremely doubtful if the Council had power to issue such process, especially as with the Governor they constituted a,court for the correction of errors and ap- peals. And in the second place, the warrant by its terms was merely the expression of the opinion of the Council, supported by no evidence, and with no op- portunity offered to the accused to defend himself.__ Zenger was for several days denied the use of pen, ink and paper, and liberty of speech with any person. The Monday after his arrest the " Journal " did not ap- pear, and in the next number he issued the following notice : " To all my Subscribers and Benefactors who take my weekly Journall. Gentlemen, Ladies and Others ; " AS you last week were Disappointed of my Jour- nall, I think it Incumbent upon me, to publish my Apoligy which is this. On the Lords Day, the Seven- teenth of this Instant I was Arrested, taken and Im- prisoned in the common Goal of this City, by Virtue of a Warrant from the Governoury and the Honorable Francis Harrison, Esq ; and others in Council of which (God willing) Yo'l have a Coppy whereupon I was 46 \i K^ !^^ a" •^^ w as o h H < I Ik O I Pi w o Pi w o S5 Ik O M (J JOHN PETER ZENGER put under such Restraint that I had not the Liberty of Pen, Ink, or Paper, or to see, or speak with People, till upon my Complaint to the Honourable the Chief Justice, at my appearing before him upon my Habias Corpus on the Wednesday following. Who discount- enanced that Proceeding, and therefore I have had since that time the Liberty of Speaking through the Hole of the Door, to my Wife and Servants by which I doubt not yo'l think me sufficiently Excused for not sending my last weeks yournall, and I hope for the future by the Liberty of Speaking to my servants thro' the Hole of the Door of the Prison, to entertain you with my weokly yournall as formerly. And am your obliged Humble Servant y A habeas corpus was procured by his counsel re- turnable on the 20th, when it was insisted that the pri- soner should be admitted to reasonable bail. Zenger made affidavit that he was not worth forty pounds over and above his debts, wearing apparel, and the tools of his trade. But, nevertheless, it was ordered by De Lancey that he might be admitted to bail in four hundred pounds with two sureties, each for two hun- dred pounds. Zenger says, " And as this was Ten Times more, than was in my Power to counter-secure any Person in giving Bail for me, I conceived I could not ask any to become my Bail on these Terms ; and I returned to Goal, whpre I lay until 'Tuesday ^ the T.'ith of "January, I73U^ 5; . . . • and the Grand Jury having found notning against me, I Expected to have been discharged from my Imprisonment; But my Hopes proved vain; for the Attorney Gen- eral then charged me by Information, for Printing 47 JOHN PETER ZENGER and publishing Parts of my Journals No. 1 3 and 23 as beingfa/se, scandalous, malicious, and seditious^ There was no attempt made to justify DeLancey's arbitrary refusal to admit Zenger to reasonable bail. It was done in the hope that if he was imprisoned the " Journal " would be discontinued. No further action was taken until the 15 th of April, when Alexander and Smith, in behalf of Zenger, offered the following exceptions to the commissions of De- Lancey and Philipse : " \st. For that the Authority of a Judge of the King's Bench, in that Part of Great Britain called England, by which the Cognizance of this Cause is claimed, is by the said Commission granted to the Honourable James DeLancey, Esq ; aforesaid, only during Pleasure; whereas that Authority (by a Statute in that Case made and provided) ought to be granted during good Behaviour. id. For that by the said Commission, the Jurisdiction and Authority of a Justice of the Court of Common Pleas at Westminster, in that Part of Great Britain, called England, is granted to the said James DeLancey, Esq; which Jurisdiction and Au- thority, cannot be granted to, and exercised by, any- one of the Justices of the King's Bench. 3^. For that the Form of the said Commis- sion, is not founded on nor warranted by the Com- mon Law, nor any Statute of England, nor of Great Britain, nor any Act of Assembly of this Colony. \th. For that it appears by the Commission aforesaid, that the same is granted under the Seal of this Colony, by His Excellency, William Cosby, 48 JOHN PETER ZENGER Esq.; Governour thereof; and it appears not, that the same was granted, neither was the same granted, by and with the Advice and Consent of His Majesty's Council of this Colony ; without which Advice and Consent, His Excellency could not grant the same." Counsel then asked that their objection be filed. To which DeLancey said, " That they ought well to consider the Consequences of what they offered." To which they both replied they had well consid- ered what they offered arid all the consequences, and Smith added that he was so well satisfied with the right of the subject to take an exception to the com- mission of a judge, if he thought such commission illegal, that he dared venture his life on that point. Argument on the exceptions was postponed until Wednesday, the i6th, when counsel asked to be heard on, I St. That the subject has a right to take such exceptions if they judge the commissions illegal. 2nd. That the exceptions tendered were legal and valid. The Chief Justice then replied, "That they would neither hear nor allow the Exceptions; for (said he) you thought to have gained a great Deal of Applause and Popularity by opposing this Court, as you did the Court of Exchequer ; but you have brought it to that Point, That either. We must go from the Bench or you from the Barr: Therefore We exclude you and Mr. Alexander from the Barr." An order was then delivered to the clerk as follows: " At a Supream Court of Judicature held for the 49 JOHN PETER ZENGER Province of New-Tork at the City Hall of the City oi New-York on Wednesday, the \bth Day of April, 1735: PRESENT, The Honourable "James DeLancey, Esq.; Chief Justice. The Honourable Frederick Philipse, Esq.; Second Justice. James Alexander, Esq., ^W William Smith, At- tornies of this Court, having presumed (notwithstand- ing they were forewarned by the Court of their DISPLEASURE if they should do it) to sign, and having actually signed, and put into Court, Exceptions, in the name o/'John Peter Zenger; thereby denying the Legality of the fudges their Commissions ; tho' in the usual Form, and the being of this Supreme Court. // is therefore ordered, that for the said Contempt, the said James Alexander, and William Smith, be excluded from any farther Practice in this Court, and that their Names be struck out of the Roll of Attornies of this Court." per Cur'. James Lyne, CI. After the order was read Alexander asked if it was the order of Justice Philipse as well as of the Chief Justice, that they might know how to have their relief. They both replied it was their order. Counsel then said that the court were mistaken in the wording of the order, that the exceptions were only to their commissions and not to the being of the court and asked that it might be altered accord- ingly. Smith said that the court might well exist 50 li^ it ) Jl V! 1 1 "I v» JOHN PETER ZENGER though the commissions of all the judges were void, which the Chief Justice confessed to be true, but the order was not amended. It was then asked whether the court overruled or rejected the exceptions. The Chief Justice said that he did not understand the dif- ference. To which it was replied that if they were rejected they could not appear upon the proceedings, but the defendant was entitled to have them made so by a bill of exceptions ; if they overruled them they only declared them not sufficient to hinder them from proceeding by virtue of those commissions and the exceptions would remain as records of the court and ought to be entered on the record of the case as part of the proceedings. The Chief Justice then replied, "They must re- main upon the File, to warrant what we have done ; as being Part of the Record of the Proceedings in that Cause, he said, you may speak to that Point tomorrow." But on the eighteenth the court would hear neither Alexander nor Smith insisting that they had said they could get some person to speak for them. Counsel also expressed a doubt as to whether they had been dis- barred as attornies as well as counselors, but were in- formed by the court that their order meant to ex- clude them from their whole practice at the bar. This remarkable order of disbarment well illus- trates the intense and bitter partisanship which char- acterized the actions of the government party. It is the only instance in legal history of such an order being issued for such a reason. As Alexander and Smith said subsequently in their complaint to the Assembly : 51 JOHN PETER ZENGER "... We would humbly ask, whether any Thing can be more Arbitrary, than these Gentlemen's pre- tending to make the Notification of their Displeasure to be the Rule of our Conduct?" " We ever thought it lawful for any of our Clients to bring the Commissions of the Judges to the Touchstone of the Law : But we never thought it so necessary as in this Case. We conceived the In- nocency of our Client, no sufficient Security, while we esteemed the Governour his Prosecutor, who had his Judges in his Power. We had too much Reason for Caution from the Conduct of the Chief Justice. We heard, how His Honor had vented his Displeasure against him, when he accidentally met him in the Streets, on a Sunday before his Arrest. We had been near Witnesses to sundry warm Charges, and moving Addresses, to several Grand Juries, plainly levelled against Zenger, and with Intention to pro- cure his Country to Indict him. And we saw his Name amongst that Committee of Council, which conferred with a Committee of this House, in order to procure a Concurrence to condemn some of Zenger' s Journals, without giving him Oppor- tunity to defend them. We heard that the Chief Justice was a principal Manager upon that Confer- ence, and spoke much on that Occasion. We saw his name among those who issued that Order of the Council, which commanded the Magistrates of this City to attend the Burning of some of those "Journals ; and which sets forth ; tbat they had been condemned by the Council to be burnt by the Hands of the common Hangman. We much doubted of the Lega- 52 JOHN PETER ZENGER lity of these Extraordinary Proceedings, of the Chief Justice, and the Rest of the Council. We saw the Chief Justice's Name, among those, who issued that Extraordinary Warrant, by which our Client was ap- prehended. We had seen his Want of Moderation, in demanding Security in Eight Hundred Pounds, when Zenger was brought before him, on his Habeas Corpus, tho' the Act only required Bail to be taken, according to the ^ality of the Prisoner, and the Nature of the Offence. - - - - We had heard the Chief Jus- tice declare, in the fullest Court we had ever seen in that Place, That if a fury found Zenger Not Guilty, they would be perjured ; or Words to that Effect ; and even this before any Information in Form was lodged against him. As for Justice Philipse, we had been told, how vigorous and Active he had been, in the General Assembly, to procure the Concurrence of that House, with the Council, in the Order for Burning of Zenger' s Papers ; even before they were legally Condemned ; and Addressing the Governour to issue a Proclamation with Promise of Reward for the Dis- covery of the Writers of them ; and in an Order for Prosecuting the poor Printer. We wish we had no Occasion to repeat these Things, to shew the Mo- tives of our Conduct ; had we not been obliged thereto, in Order to vindicate our selves, we had much rather that they had been buried in Silence : But un- der these many Forewarnings, what could we, what ought we to do for our Client? Surely every Thing that was lawful and likely to contribute to his Safety. And in taking the Exception, we conceived some Benefit would accrue : For, had the Exception been 53 JOHN PETER ZENGER allowed, the Dependence of the Judges on the Gov- ernour (which we thought dangerous to our Client) would be in some Measure removed, and the Judges have stood more indifferent between the real Parties ; Had it been over-ruled, yet we had Reason to think, that it might have proved some Check to an exorbi- tant Stretch of Power ; because. That dernier RE- SORT, the Commissions had been judged illegal, any Abuse offered, after Exceptions taken, might have rendered the Judges, not only civilly, but crim- inally, answerable for their Conduct." " It was then full iwo and Thirty Tears, since one of us had first applied to the Study of Law (a Time near equal to the whole Age of either of these Judges) and who for several Years had been one of the oldest Practitioners at the Barr here ; the other of us did not want two months of Ten Years stand- ing there, and had a good Share of Practice for sev- eral Years, before either of these Judges were known to have had any knowledge of the Law, or pretended to have made it a Part of their Study. What has been our Character and Reputation for Ability, or Integrity, in our Practice, and Morals, belongs not to us to declare : But we hope, our being employed in almost all the Causes within this Colony, of any Im- portance, that have depended for several Years last past, may, as to those Points, in some Measure, wit- ness in our Favour." " That we were perfectly innocent, and did our Duty in the Case of Zenger, is what we have the clearest Sense of. That the Law was with us, in the Right of the Subject to take an Exception, is what we 54 JOHN PETER ZENGER will steadfastly maintain ; and challenge these Gentle- men to prove the Contrary. Had we err'd ; must a Man loose his Livelihood for an innocent Mistake ? Must his Brains be beat out, because they are not cast in the same Mould with another Man's? Had we been guilty of Contempt, as is groundlessly pretended ; is there no Proportion between Offences ? Is there no Distinction between Punishments ? Must we be put to starve, or to seek our Bread in a new Country, or in a new Manner of Life, for one Contempt? If these Things are to be tolerated, . . . hard will be the case of Lawyers, who are sworn To use their Offices ac- cording to their Learning and Discretion. Yet, by this Rule, we must not be permitted the Use of either. Instead of consulting our Law Books, and doing what we think consistent therewith, for the Benefit of our Clients, we must study in GREAT MEN'S CAUSES, only what will PLEASE the Judges, and what will most flatter Men in Power." " We are loath to declare what we think these Gentlemen deserve : We wish their Amendment, not their Destruction. But we humbly request, that this House would come to such Resolutions upon this Case, as they shall think just and necessary, for the Preser- vation of the Rights and Liberties of the People ; and such Measures may be taken, as, that we may be re- stored to the Liberty of our Practice ; that our Clients may have that Service from us, which they have a Right to demand ; and the Publick Administration of Justice, that Help which we are able to afford ; and that we may have the Means of common Jus- tice, for Recovering such Damages from the Gentle- 55 JOHN PETER ZENGER men as we have suffered, or shall suffer, until we are restored to our Employments." The real reason for the order of disbarment was that by means of it the court party expected to be victorious at the trial as they well knew there were no attorneys in the Province who would be so vigor- ous and bold in defense of the printer as Alexander and Smith. John Chambers was assigned by the court as counsel for Zenger ; he entered a plea of not guilty to the information but as Zenger says, " But as to the Point. Whether my Exceptions should be a part of the Record thought not proper to speak to it." Chambers then moved for a struck jury and a day for trial. The court allowed his motion for a jury and set the trial for August fourth. The clerk drew the jury on the evening of July 29th, and was attended by some of Zenger's friends. Instead of producing the freeholders' book, he made a list of forty-eight names which he said had been taken from the book. The list was objected to on behalf of Zenger as containing the names of many persons who were not freeholders, of others who were hold- ing office at the Governors' pleasure, of some who had been defeated in the recent city election and of still others who "were the Governours' Baker, Taylor Shoemaker, Candlemaker, Joiner &c." But in spite of these objections the clerk refused to strike the names out of the freeholders' book, nor would he hear objections to any of the persons on his list, saying the defendant could strike out any objectionable persons ; to which it was replied there 56 JOHN PETER ZENGER would not be twelve men left, and by law they could only strike out twelve names. The following day, however, on motion the clerk was ordered to take forty-eight names from the freeholders' book as usual, and to allow of such objections as were just. John Chambers was a young man without much experience in the law, and had been one of the signers of the address complimenting Cosby's admin- istration, and was really affiliated with the court party. Accordingly Alexander and Smith had, im- mediately upon their disbarment, begun to look for a capable man to try the case. They first wrote to John Kinsey, a Pennsylvania attorney, and a prom- inent man in Philadelphia, but he replied, saying, " I have inclination enough to serve you in any just Cause in which I am at Liberty, but as I stand Cir- cumstanced at Present And in the Case you mention I think, I cannot do it. Divers Letters have lately passed between the Governor and myself, which, tho' they do not relate to this Afiair, are of such Import that I cannot undertake against him without subject- ing myself to be reflected on as doing what is dis- honorable. And for that Reason must desire your Excuse for not appearing in Zenger's Cause." They then selected Andrew Hamilton, also of Philadelphia; and Lewis Morris, Jr., wrote to Alex- ander as follows about securing his services : *' On Saturday morning, according to my prom- ise, I met at Smith's with Captain Norris, where I was in hopes of seeing you. We then talked of writing to Andrew Hamilton, which I consented to 57 JOHN PETER ZENGER do as well as Norris. Smith acquiesced with us. I think it absolutely necessary that he be wrote to to come to plead Zenger's cause. I declare to you I shall be willing to contribute my part to so Neces- sary an Expense, and if you think it of service that I subscribe the Letter you send joyntly with you and Smith, I hereby give you full power and Authority to affix my name when you and Smith have signed." Andrew Hamilton had long been prominent in Pennsylvania affairs. He is said to have been born in Scotland in 1656. There is some uncertainty about his real name as at one time he was called Trent. He was Attorney General of Pennsylvania, 1717-26; Recorder of Philadelphia, 1727; Vice Admiralty Judge, 1737; Speaker of the Assembly from 1729 to 1739, with the exception of one year. He and Alexander had long been associates in many cases. In 1726 when Hamilton was in London probating the will of William Penn in Chancery, he wrote Alexander of the delays and difficulties of the practice, saying : " Could ye Devil be obliged to appear to a Bill of Chancery, and to bear ye Costs and attend ye Issue of ye Cause, I would for any ill turn he should do me, doom him to endure this Curse instead of going to Hell." On being written to, Hamilton promptly ex- pressed his willingness to come on and try the case. He was at that time nearly eighty years of age. He was a great sufferer from gout, and for a while it was quite uncertain whether he would be able to appear. His intellect, however, was vigorous and unclouded. He had the reputation of being the 58 JOHN PETER ZENGER best advocate in North America, and was probably the only American who was ever admitted a bencher of Gray's Inn. CHAPTER III THE TRIAL ITS EFFECTS ZENGER S SUBSE- QUENT CAREER HE court party up to this time had in a certain way carried everything before it. Van Dam had not se- cured the payment of his debt from Cosby, Morris had been removed from the bench, Zenger's counsel vv^ere disbarred, Zenger himself was in prison and soon to be tried, and all these things had come about in an hitherto vain attempt to oppose the aggressions of arbitrary power. The situation was disheartening, indeed, to the leaders of the popular party. But, on the other hand, the " Journal " still made its ap- pearance every Monday, the business being ably managed by Zenger's wife, who received her instruc- tions from her husband through the hole in the door of his cell, and the spirit of the people raged more violently and with an increased bitterness as they realized how completely they were at the mercy of Cosby and his judges. There were then considerably less than one thousand men in New York County possessing the 60 JOHN PETER ZENGER necessary qualifications for jury duty, so the articles in the " Journal " during Zenger's imprisonment were carefully written with the intention of thor- oughly instructing all possible jurors not only on the real questions at issue, but also to acquaint them with their rights and duties in cases of libel. The day appointed for the trial was August 4, 1735. The place, the City Hall, built in 1700, on the corner of Nassau and Wall streets, the finest building in the city. Long before the opening of the court the little room was crowded to its utmost capacity. Every class in the community was repre- sented. The majority of the people felt that they had assembled not merely to witness the trial of the printer for libel, but that here the last fight was to be made against the administration which was so arbitrarily oppressive. If Zenger should be found guilty, surely their last hope of relief would be gone, they would be powerless to resist any hardship which their Governor might see fit to impose. On the other hand, Zenger's acquittal would mean a decided check to the evils from which they suffered, a vindication of their demands and of the principles for which they contended, and would give them courage to continue their efforts to rid themselves of their despicable Governor. In fact, the result of the trial would be so far-reaching in its consequences, and of such momentous importance to every inhabitant of the Province, that it is doubt- ful if any trial ever held in America had a more thoroughly interested and attentive audience. After the entry of the judges, clad in. their dig- 61 JOHN PETER ZENGER nified court robes of the period and wearing their elaborate wigs, the following jury was obtained : Thomas Hunt, Foreman, Harmanus Rutgers, Samuel Weaver, Benjamin Hildreth, Stanly Holmes, Edward Man, John Bell, Andries Marschalk, Egbert van Borsom, Abraham Keteltas, John Goelet, Hercules Wendover. As these men took their seats the leaders of the popular party must have had an intimation of their final success. Harmanus Rutgers had served on the first grand jury in January, 1734, while at least seven of the twelve were of Dutch ancestry ; and though the old feeling of animosity on the part of the Dutch towards the English was practically extinguished, yet Cosby's conduct served to keep alive the few remaining sparks. If the way were pointed out, these men could be relied on for a favorable verdict for this reason alone. The retention of Hamilton for Zenger's defense had been kept very quiet and was known to but few people. Consequently, his appearance in court pro- duced a great dismay among Cosby's friends, and a corresponding degree of security in the popular party, as they had known that Chambers was un- equal to the task imposed upon him. Hamilton was equipped with the careful study and research of Al- exander and Smith, who sat near him in court, and a reference to Alexander's brief shows that Hamil- ton followed the line of defense there set forth. It 62 JOHN PETER ZENGER might have been supposed that the court, judging from its previous conduct, would have found some pretext for excluding Hamilton from the case, but on account of his reputation they did not dare to proceed to such an arbitrary length. It has seemed proper to give the trial in detail, and it accordingly is given, using the text of the First Edition printed by Zenger in 1736. The only change from the printed text is that all reference to the matters and proceedings had before the trial and leading up to it, have been left out, as they are fully treated in other parts of this work. The articles embodied in the Information were taken from Numbers 13 and 23 of the "Journal." It would be interesting to know who the authors of these articles were, but the only clew is to be found in their respective styles. Judged by this, the first was written by James Alexander, and the second by Lewis Morris. The Attorney General opened the case by read- ing the Information. Mr. Attorney. May it please Your Honours, 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, scandalons and se- ditious Libel, in which his Excellency the Govern- our of this Province, who is the King's immediate Representative here, is greatly and unjustly scandal- ized, as a Person that has no Regard to Law nor Justice ; with much more, as will appear upon read- ing the Information. This of Libelling is what has 63 JOHN PETER ZENGER always been discouraged as a Thing that tends to create Differences among Men, ill Blood among the People, and oftentimes great Bloodshed between the Party Libelling and the Party Libelled. There can be no Doubt but you Gentlemen of the Jury will have the same ill Opinion of such Practices, as the Judges have always shewn upon such Occasions: But I shall say no more at the Time, until you hear the Information, which is as follows. * New-Tork, Supream Court. * of the Term of January in the Eighth Year ' of the Reign of our Sovereign Lord King ' GEORGE, the second, &c. * New-York, ss. BE it remembered. That Rich- ' ard Bradley, Esq ; Attorney General of Our Sover- ' eign Lord the King, for the Province of New- * York, who for Our said Lord the King in this ' Part prosecutes, in his own proper Person comes * here into the Court of Our said Lord the King * and for our said Lord the King gives the Court * here to understand, and be informed. That "John ' Peter Zenger, late of the City of New-York, ' Printer, (being a seditious Person, and a frequent * Printer and Publisher of false News and seditious * Libels, and wickedly and maliciously devising the * Government of Our said Lord the King of this * His Majesty's Province of New- York, under the 'Administration of His Excellency William Cosby, ' Esq ; Captain General and Governour in Chief of * the said Province, to traduce, scandalize and vilify, * and His Excellency the said Governour, and the 64 JOHN PETER ZENGER ' Ministers and Officers of Our said Lord the King of ♦ and for the said Province to bring into Suspicion • and the ill Opinion of the Subjects of Our said * Lord the King residing within the said Province) * the Twenty-eighth Day of January, in the seventh * Year of the Reign of Our Sovereign Lord George ' the second, by the Grace of God of Great Britain, ' France and Ireland, King, Defender of the Faith, * &c. at the City of New-York, did falsely, seditiously ' and scandalously print and publish, and cause to be ' printed and published, a certain false, malicious, se- ' ditious, scandalous Libel, entituled T^he New-York • Weekly "Journal, containing the freshest Advices for- ' eign and domestic k ; in which Libel (of and concern- ' ing His Excellency the said Governour, and the ♦ Ministers and Officers of Our said Lord the King, • of and for the said Province) among other Things * therein contained are these Words, " Your Appear- " ance in Print at last, gives a Pleasure to many, tho' " the most wish you had come fairly into the open " Field, and not appeared behind Retrenchments made " of the supposed Laws against Libelling, and of " what other Men have said and done before ; these " Retrenchments, Gentlemen, may soon be shewn to " you and all Men to be weak, and to have neither " Law nor Reason for their Foundation, so cannot " long stand you in stead : Therefore, you had much " better as yet leave them, and come to what the " People of this City and Province (the City and Prov- " ince of New-York meaning) think are the Points " in Question [to witt) They (the People of the City " and Province of New-York meaning) think as Mat- 65 JOHN PETER ZENGER ters now stand, that their LIBERTIES and PROP- ERTIES are precarious, and that SLAVERY is like to be intailed on them and their Posterity, if some past Things be not amended, and this they collect from many past Proceedings" (Meaning many of the past Pro- ceedings of His Excellency the said Governour, and of the Ministers and Officers of our said Lord the King, of and for the said Province.) And said the Attorney General of Our said Lord the King, for Our said Lord the King, likewise gives the Court here to understand and be informed, that the said John Peter Zenger afterw^ards [to wit) the eighth Day of April, in the seventh Year of the Reign of Our said Lord the King, at the City of New-York afore- said, 616. falsely, seditiously and scandalously print and publish, and cause to be printed and published, an- other false, malicious, seditious and scandalous Li- bel, entituled the New York Weekly Journal contain- ing the freshest Advices foreign and domestic. In vv^hich Libel (of and concerning the Government of the said Province of New-York, and of and concerning His Excellency the said Governour, and the Minis- ters and Officers of Our said Lord the King, of and for the said Province) among other Things therein contained, are these Words, " One of our Neighbors ' (one of the Inhabitants of New-Jersey meaning) ' being in Company, observing the Strangers (some of the ' Inhabitants oi New-York V!\Q2imn^ full of Complaints, ' endeavoured to persuade them to remove into Jersey ; to ' which it was replied, that would be leaping out of the <■ Prying Pan into the Fire ; for, says he, we both are ' under the same Governour (His Excellency the said 66 JOHN PETER ZENGER " Governour meaning) and your Assembly have shewn " with a Witness what is to be expected from them; one " that was then moving to Pensilvania (meaning one " that was then removing from New-York^ with in- " tent to reside at Pensilvania) to which Place it is re- " ported several considerable Men are removing (from " New-York meaning) expressed in Terms very moving^ " much Concern for the Circumstances o/'New-York (the " bad Circumstances of the Province and People of " New- York meaning) " seemed to think them very much " owing to the Influence that some Men (whom he called " Tools') had in the Administration (meaning the Ad- " ministration of Government of the said Province " of New-York) said he was now going from them, and " was not to be hurt by any Measures they should take, " but could not help having some Concern for the Welfare " of his Country-Men, and should be glad to hear that " the Assembly (meaning the General Assembly of the " Province of New-York) would exert themselves as be- " came them, by shewing that they have the Interest of " their Country more at Heart, than the Gratification of " any private View of any of their Members, or being at " all affected, by the Smiles or Frowns of a Governour " (His Excellency the said Governour meaning) both " which ought equally to be despised, when the Interest of " their Country is at stake. You, says he, complain of " the Lawyers, but I think the Law it self is at an End, " WE (the People of the Province of New- York " meaning) SEE MENS DEEDS DESTROYED, " JUDGES ARBITRARILY DISPLACED, NEW " COURTS ERECTED WITHOUT CONSENT " OF THE LEGISLATURE (within the Province 67 JOHN PETER ZENGER "New-York, meaning) BY WHICH IT SEEMS " TO ME, TRYALS BY JURIES ARE TAKEN "AWAY WHEN A GOVERNOUR PLEASES, " (His Excellency the said Governour meaning) "MEN OF KNOWN ESTATES DENIED " THEIR VOTES, CONTRARY TO THE RE- "CEIVED PRACTICE, THE BEST EXPOSI- " TOR OF ANY LAW : Who is then in that Prov- " ince (meaning the Province of New-Tork,) that call " (can call meaning) any Thing his own, or enjoy any " Libery (Liberty meaning) longer than those in the " Administration (meaning the Administration of Gov- " ernment of the said Province of New-Tork) will " condescend to let them do it, for which Reason I have " left it, (the Province of New-Tork meaning) as I "believe more will." To the great Disturbance of * the Peace of the said Province of New-Tork, to the * Great Scandal of Our said Lord the King, of His * Excellency the said Governor, and of all others con- * cerned in the Administration of the Government of * the said Province, and against the Peace of Our ' Sovereign Lord the King His Crovv^n and Dignity, * &c. Whereupon the said Attorney General of Our * said Lord the King, for Our said Lord the King, ' prays the Advisement of the Court here, in the * Premises, and the due Process of the Law^, against ' him the said John Peter Zenger, in this Part to be * done, to answ^er to Our said Lord the King of and ' in the Premises, &c. ' R. Bradley, Attorney General. To this Information the Defendant has pleaded Not Guilty, and vv^e are ready to prove it. 68 JOHN PETER ZENGER Mr. Chambers has not been pleased to favour me with his Notes, so I cannot, for fear of doing him In- justice, pretend to set down his Argument; But here Mr. Chambers set forth very clearly the Nature of a Libel, the great Allowances that ought to be made for what Men speak or write, That in all Libels there must be some particular Persons so clearly pointed out, that no Doubt must remain about who is meant; That he was in hopes Mr. Attorney would fail in his Proof, as to this Point; and therefore desired that he would go on to ex- amine his Witnesses. Then Mr, Hamilton, who at the Request of some of my Friends, was so kind as to come from Philadelphia to assist me on the Tryal, spoke. Mr. Hamilton. May it Please your Honour; I am concerned in this Cause on the Part of Mr. Zenger the Defendant. The Information against my Client was sent me, a few Days before I left Home, with some Instructions to let me know how far I might rely upon the Truth of those Parts of the Papers set forth in the Information, and which are said to be libellous. And tho' I am perfectly of the Opinion with the Gentleman who has just now spoke, on the same Side with me, as to the com- mon Course of Proceedings, I mean in putting Mr. Attorney upon proving, that my Client printed and published those Papers mentioned in the Informa- tion; yet I cannot think it proper for me (without doing Violence to my own Principles) to deny the Publication of a Complaint, which I think is the Right of every free-born Subject to make, when the Matters so published can be supported with Truth ; 69 JOHN PETER ZENGER and therefore I'll save Mr. Attorney the Trouble of examining his Witnesses to that Point ; and I do (for my Client) confess, that he both printed and pub- lished the two News Papers set forth in the Infor- mation, and I hope in so doing he has committed no Crime. Mr. Attorney. Then if Your Honour pleases, since Mr, Hamilton has confessed the Fact, I think our Witnesses may be discharged; we have no further Occasion for them. Mr. Hamilton. If you brought them here, only to prove the Printing and Publishing of these News Papers, we have acknowledged that, and shall abide by it. Here my Journeyman and two Sons [with several others subpoena' d by Mr. Attorney, to give Evidence against me) were discharged, and there was Silence in the Court for some Time. Mr. Chief Justice. Well Mr. Attorney, will you proceed? Mr. Attorney. Indeed, Sir, as Mr. Hamilton has confessed the Printing and Publishing these Libels, I think the Jury must find a Verdict for the King; for supposing they were true, the Law says that they are not the less libellous for that; nay indeed the Law says, their being true is an Aggravation of the Crime. Mr. Hamilton. Not so neither, Mr. Attorney, there are two Words to that Bargain. I hope it is not our bare Printing and Publishing a Paper, that will make it a Libel: You will have something more to do, before you make my Client a Libeller ; 70 JOHN PETER ZENGER for the Words themselves must be libellous, that is, false, scandalous, and seditious, or else we are not guilty. As Mr. Attorney has not been pleased to favour us with his Argument, which he read, or with the Notes of it, we cannot take upon us to set down his Words, but only to show the Book Cases he cited, and the general Scope of his Argument, which he drew from those Au- thorities. He observed upon the Excellency, as well as Use of Government, and the great Regard and Rever- ence, which had been constantly paid to it, both under the Law and the Gospel. That by Government we were protected in our Lives, Religion and Properties ; and that for these Reasons, great Care had always been taken to prevent every Thing that might tend to scandalize Mag- istrates, and others concerned in the Administration of the Government, especially the supreme Magistrate. And that there were many Instances of very severe "Judg- ments, and of Punishments inflicted upon such, as had attempted to bring the Government into Contempt; by publishing false and scurrilous Libels against it, or by speaking evil and scandalous Words of Men in Author- ity ; to the great Disturbance of the publick Peace. And to support this, he cited, 5 Coke 121. (Suppose it should be 125.) Wood's Instit. 430. 2 Lilly 168. I Hawkins 73. it. 6. From these Books he insisted, that a Libel was a malicious Defamation of any Person, expressed either in Printing or Writing, Signs or Pic- tures, to asperse the Reputation of one that is alive, or the Memory of one that is dead; if he is a private Man, the Libeller deserves a severe Punishment, but if it is against a Magistrate or other publick Person, it is a 71 JOHN PETER ZENGER greater Offence; for this concerns not only the Breach of the Peace, but the Scandal of the Government; for what greater Scandal of Government can there be, than to have corrupt or wicked Magistrates to be appointed by the King, to govern his Subjects under him ? And a greater Imputation to the State cannot be, than to suffer such corrupt Men to sit in the sacred Seat of "Justice, or to have any Medling in, or concerning the Administra- tion of Justice : And from the same Books Mr. Attorney insisted, that whether the Person defamed is a private Man or a Magistrate, whether living or Dead, whether the Libel is true or false, or if the Party against whom it is made is of good or evil Fame, it is nevertheless a Libel: For in a settled State of Government, the Party grieved ought to complain for every Injury done him, in the ordinary Course of the Law. And as to its Publi- cation, the Law had taken so great Care of Men's Rep- utations, that if one maliciously repeats it, or sings it, in the Presence of another, or delivers the Libel or a Copy of it over, to scandalize the Party, he is to be punished as a Publisher of a Libel. He said it was likewise evident, that Libelling was an Offence against the Law of God. Act. XXIII. 5, Then said Paul, I wist not, Brethren, that he was the High Priest: For it is written, thou shalt not speak evil of the Ruler of the People. 2 Pet. X. 11. Despise Government, presumptuous are they, self willed, they are not afraid to speak evil of Dignities, &c. He then in- sisted that it was clear, both by the Law of God and Man, That it was a very great Offence to speak evil of, or to revile those in Authority over us; and that Mr. Zenger had offended in a most notorious and gross 72 JOHN PETER ZENGER Manner^ in scandalizing His Excellency our Governour, who is the King's immediate Representative, and the supream Magistrate of this Province: For can there be any Thing more scandalous said of a Governour than what is published in those Papers ? Nay, not only the Governour, but both the Council and Assembly are scan- dalized; for there it is plainly said. That as Matters now stand, their Liberties and Properties are preca- rious, 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 Governour ; 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 ; And That it seems Tryals by Juries are taken away when a Gov- ernour pleases ; That none can call any Thing their own, longer than those in the Administration will condescend to let them do it. . . . And Mr. Attor- ney added, that he did not know what could be said in Defense of a Man, that had so notoriously scandalized the Governour and principal Magistrates and Officers of the Government, by charging them with depriving the People of their Rights and Liberties, and taking away Tryals by furies, and in short; putting an End to the Law itself . . . If this was not a Libel, he said, he did not know what was one. Such Persons as will take those Liberties with Governours and Magistrates, he thought ought to suffer for stirring up Sedition and Dis- content among the People. And concluded by saying, that the Government had been very much traduced and exposed by Mr. Zenger before he was taken Notice of; 73 JOHN PETER ZENGER that at last it was the Opinion of the Governour and Council, that he ought not to be suffered to go on, to dis- turb the Peace of the Government ; by publishing such Libels against the Governour, and the chief Persons in the Government ; And therefore they had directed this Prosecution, to put a Stop to this scandalous and wicked Practice, of libelling and defaming his Majesty's Gov- ernment and disturbing his Majesty's Peace. Mr. Chambers then sum' d up to the Jury, observ- ing with great Strength of Reason on Mr. Attorney's De- fect of Proof, that the Papers in the Information were False, Malicious or Seditious, which was incumbent on him to prove to the fury, and without which they could not on their Oaths say. That they were so, as charged. Mr. Hamilton. May it please Your Honour ; I agree with Mr. Attorney, that Government is a sacred Thing, but I differ very widely from him when he would insinuate, that the just Complaints of a Number of Men, who suffer under a bad Adminis- tration, is libelling that Administration. Had I be- lieved that to be Law, I should not have given the Court the Trouble of hearing any Thing that I could say in this cause. I own, when I read the Informa- tion, I had not the Art to find out (without the Help of Mr. Attorney's Innuendo's^ that the Governor was the Person meant in every Period of that News Paper ; and I was inclined to believe, that they were wrote by some, who from an extraordinary Zeal for Liberty, had misconstrued the Conduct of some Per- sons in Authority into Crimes; and that Mr. Attor- ney out of his too great Zeal for Power, had exhib- ited this Information, to correct the Indiscretion of 74 JOHN PETER ZENGER my Client ; and at the same Time, to shew his Su- periors the great Concern he had, lest they should be treated with any undue Freedom. But from what Mr. Attorney has just now said, to wit. That this Prosecution was directed by the Governour and Coun- cil, and from the extraordinary Appearance of People of all Conditions, which I observe in Court upon this Occasion, I have Reason to think, that those in the Administration have by this Prosecution some-thing more in View, and that the People believe they have a good deal more at Stake, than I apprehended : And therefore, as it is become my Duty, to be both plain and particular in this Cause, I beg Leave to bespeak the Patience of the Court. I was in Hopes, as that terrible Court, where those dreadful Judgments were given, and that Law established, which Mr. Attorney has produced for Authorities to support this Cause, was long ago laid aside, as the most dangerous Court to the Liberties of the People of "England, that ever was known in that Kingdom; that Mr. Attorney knowing this, would not have attempted to set up a Star- Chamber here, nor to make their Judgments a Precedent to us: For it is well known, that what would have been judg' d Treason in those Days for a Man to speak, I think, has since not only been practiced as lawful, but the contrary Doctrine has been held to be Law. In Brewster's Case, for printing. That the Sub- jects might defend their Rights and Liberties by Arms, in case the King should go about to destroy them, he was told by the Chief Justice that it was a great 75 JOHN PETER ZENGER Mercy, he was not proceeded against for his Life; for that to say, the King could be resisted by Arms in any Case whatsoever, was express Treason. And yet we see since that Time, Dr. Sacheverell was sen- tenced in the highest Court in Great Britain, for saying, T^hat such a Resistance was not lawful. Be- sides, as Times have made very great Changes in the Laws of England, so in my Opinion there is good Reason that Places should do so too. Is it not surprising to see a Subject, upon his receiving a Commission from the King to be a Gov- ernor of a Colony in America, immediately imagin- ing himself to be vested with all the Prerogatives belonging to the sacred Person of his Prince ? And which is yet more astonishing, to see that a People can be so wild as to allow of, and acknowledge those Prerogatives and Exemptions, even to their own Destruction? Is it so hard a Matter to distinguish between the Majesty of our Sovereign, and the Power of a Governor of the Plantations ? Is not this making very free with our Prince, to apply that Regard, Obedience and Allegiance to a Subject which is due only to Our Sovereign? And yet in all the Cases which Mr. 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, tho' Mr. Attorney is pleased to urge them as Authorities to prove the Heinousness of Mr. Zenger's offence against the Governor of New- York. The several Plantations are compared to so many large Corporations, and perhaps not improp- erly; and can any one give an Instance, that the 76 JOHN PETER ZENGER Mayor or Head of a Corporation, ever put in a Claim to the sacred Rights of Majesty? Let us not (while we are pretending to pay a great Regard to our Prince and His Peace) make bold to transfer that Allegiance to a Subject, which we owe to our King only. What strange Doctrine is it, to press every Thing for Law here which is so in England? I believe we should not think it a Favour, at present at least, to establish this Practice. In England so great a Regard and Reverence is had to the Judges,* that if any man strike another in Westminster Hall, while the Judges are sitting, he shall lose his Right Hand, and forfeit his Land and Goods, for so doing. And tho' the Judges here claim all the Powers and Authorities within this Government, that a Court of King's Bench has in England, yet I believe Mr. Attorney will scarcely say, that such a Punishment could be legally inflicted on a Man for committing such an Offence, in the Presence of the Judges sit- ting in any Court within the Province of New- Tork. The Reason is obvious ; a Quarrel or Riot in 'New-Tork cannot possibly be attended with those dangerous Consequences that it might in Westmin- ster Hall; nor (I hope) will it be alledged, than any Misbehaviour to a Governor in the Plantations will, or ought to be, judged of or punished, as a like Undutifulness would be, to Our Sovereign. From all which, I hope Mr. Attorney will not think it proper to apply his Law-Cases (to support the Cause of his Governor) which have only been judged, where the King's Safety or Honour was concerned. *C 3 Inst. 14.0. 77 JOHN PETER ZENGER It will not be denied but that a Freeholder in the Province of New-York has as good a Right to the sole and separate Use of his Lands, as a Freeholder in England, who has a Right to bring an Action of Trespass against his Neighbour, for suffering his Horse or Cow to come and feed upon his Land or eat his Corn, whether inclosed or not inclosed ; and yet I believe it would be looked upon as a strange Attempt, for one Man here, to bring an Action against another, whose Cattle and Horses feed upon his Grounds not inclosed, or indeed for eating and treading down his Corn, if that were not inclosed. Numberless are the Instances of this Kind that might be given, to shew, that what is good Law at one Time and in one Place, is not so at another Time and in another Place ; so that I think, the Law seems to expect, that in these Parts of the World Men should take Care, by a good Fence, to preserve their Property, from the Injury of unruly Beasts. And perhaps there may be as good Reason why Men should take the same Care, to make an honest and upright Conduct a Fence and Security against the Injury of unruly Tongues. Mr. Attorney. I don't know what the Gentle- man means, by comparing Cases of Freeholders in England vfith. the Freeholders here. What has this Case to do with Actions of Trespass, or Men's Fenc- ing their Ground ? The Case before the Court is, whether Mr. Zenger is guilty of Libelling His Ex- cellency the Governor of New-York, and indeed the whole Administration of the Government? Mr, Hamilton has confessed the Printing and Publishing, 78 JOHN PETER ZENGER and I think nothing is plainer, than that the Words in the Information are scandalous^ and tend to sedition^ and to disquiet the Minds of the People of this Province. And if such Papers are not Libels, I think it may be said, there can be no such Thing as a Libel. Mr. Hamilton. May it please Your Honour ; I cannot agree with Mr. Attorney: For tho' I freely acknowledge, that there are such Things as Libels, yet I must insist at the same Time, that what my Client is charged with, is not a Libel ; and I ob- served just now, that Mr. Attorney in defining a Libel, made use of the Words, scandalous, seditious, and tend to disquiet the People; but (whether with De- sign or not I will not say) he omitted the Word false. Mr. Attorney. I think I did not omit the Word false : But it has been said already, that it may be a Libel, notwithstanding it may be true. Mr. Hamilton. In this I must still diifer with Mr. Attorney ; for I depend upon it, we are to be tried upon this Information now before the Court and Jury, and to which we have pleaded Not Guilty, and by it we are charged with Printing and publish- ing a certain false, malicious, seditious and scandalous Libel. This Word, false must have some Meaning, or else how came it there? I hope Mr. Attorney will not say, he put it there by Chance, and I am of Opinion his Information would not be good without it. But to shew that it is the principal Thing which, in my Opinion, makes a Libel, I put the Case, the Information had been for printing and publishing a certain true Libel, would that be the 79 JOHN PETER ZENGER same thing ? Or could Mr. Attorney support such an Information by any Precedent in the English Law? No, the Falsehood makes the Scandal, and both make the Libel. And to shew the Court that I am in good Earnest, and to save the Court's Time, and Mr. Attorney's Trouble, I will agree, that if he can prove the Facts charged upon us, to be false, I'll own them to be scandalous, seditious, and a Libel. So the Work seems now to be pretty much shortened, and Mr. Attorney has now only to prove the Words false, in order to make us Guilty. Mr. Attorney. We have nothing to prove; you have confessed the Printing and Publishing ; but if it was necessary (as I insist it is not) how can we prove a Negative ? But I hope some Regard will be had for the Authorities that have been produced, and that supposing all the Words to be true, yet that will not help them, that Chief Justice Holt in his Charge to the Jury, in the Case of Tutchin, made no Distinction, whether Tutchin's Papers were true or false ; and as Chief Justice Holt has made no Distinction in that Case, so none ought to be made here ; nor can it be shewn in all that Case, there was any Question made about their being false or true. Mr. Hamilton. I did expect to hear. That a Negative cannot be proved ; but every Body knows there are many Exceptions to that general Rule: For if a Man is charged with killing another, or stealing his Neighbour's Horse, if he is innocent in the one Case, he may prove the Man said to be 80 JOHN PETER ZENGER killed, to be really alive ; and the Horse said to be stolen, never to have been out of his Master's Stable. &c., and this, I think, is proving a Negative. But we save Mr. Attorney the Trouble of proving a Negative, and take the Onus probandi upon ourselves, and prove those very Papers that are called Libels to be true. Mr. Ch. Justice. You cannot be admitted, Mr. Hamilton, to give the Truth of a Libel in Evidence. A Libel is not to be justified ; for it is nevertheless a Libel that it is true. Mr. Hamilton. I am sorry the Court has so soon resolved upon that Piece of Lav^; I expected first to have been heard to that Point. I have not in all my Reading met vv^ith an Authority that says, w^e cannot be admitted to give the Truth in Evidence, upon an information for a Libel. Mr. Ch. Justice. The Law is clear. That you cannot justify a Libel. Mr. Hamilton. I know that, may it please Your Honour, to be so; but, with Submission, I under- stand the Word, justify, there, to be a justification by Plea, as it is in the Case upon an Indictment for Murder, or an Assault and Battery; there the Prisoner cannot justify, but plead Not Guilty: Yet it will not be denied that he may, and always is ad- mitted, to give the Truth of the Fact, or any other Matter, in Evidence, which goes to his Acquital ; as in Murder, he may prove it was in Defence of his Life, his House, &c., and in Assault and Battery, he may give in Evidence, that the other Party struck first, and in both Cases he will be acquitted. And 8i JOHN PETER ZENGER in this Sense I understand the Word justify, when applied to the Case before the Court. Mr. Ch. "Justice. I pray shew that you can give the Truth of a Libel in Evidence. Mr. Hamilton. I am ready, both from what I understand to be the Authorities in the Case, and from the Reason of the Thing, to shew that we may lawfully do so. But here I beg leave to observe. That Informations for Libels is a Child, if not born, yet nursed up, and brought to full Maturity, in the Court of Star-Chamber. Mr. Ch. Justice. Mr. Hamilton, you'll find your self mistaken ; for in Cokeys Institutes you'll find In- formations for Libels, long before the Court of Star- Chamber. Mr. Hamilton. I thank Your Honour ; that is an Authority I did propose to speak to by and by : But as you have mention'd it, I'll read that Author- ity now. I think it is in 3 Co. Inst, under Title Libel ; it is the Case of John de Northampton for a Letter wrote to Robert de Ferrers, one of the King's privy Council,* concerning Sir William Scot, Chief Justice, and his Fellows ; but it does not appear to have been upon Information ; and I have good Grounds to say it was upon Indictment, as was the Case of Adam de Ravensivorth, just mentioned before by Lord Coke under the same Title ; and I think there cannot be a greater, at least a plainer Authority for us, than the Judgment in the Case of John de Northampton, which my Lord has set down at large. Et quia praedictus Johannes cognovit dictam Litteram * Cohe 3 Inst. 1 74. 82 JOHN PETER ZENGER per se script am Roberto de Ferrers, qui est de Concilio Regis, qua litera continet in se nullam veritatem, &c. Now Sir, by this Judgment it appears the libellous Words were utterly false, and there the Falsehood was the Crime, and is the Ground of that Judgment : And is not that what we contend for ? Do not we insist that the Falsehood makes the Scandal, and both make the Libel ? And how shall it be known whether the Words are libellous, t&at is, true or false, but by admitting us to prove them true, since Mr. Attorney will not undertake to prove them Ja/se^ Besides, is it not against common Sense, that a Man should be punished in the same Degree for a true Libel (if any such Thing could be) as for a Ja/se one ? I know it is said. That Truth makes ahibel the more provoking, and therefore the Offense is the greater, and consequently the fudgment should be the heavier. Well, suppose it were so, and let us agree for once. That Truth is a greater Sin than Falsehood; Yet as the Offenses are not equal, and as the Punishment is arbitrary, that is, according as the Judges in their Discretion shall direct to be inflicted ; is it not absolutely necessary that they should know, whether the Libel is true or false, that they may by that Means be able to proportion the Punishment ? For, would it not be a sad Case, if the Judges, for want of a due Information, should chance to give as severe a Judgment against a Man for writing or publishing a Lie, as for writing or publishing a Truth ? And yet this (with submission] as monstrous and ridiculous as it may seem to be, is the natural Consequence of Mr. Attorney's Doctrine, That Truth makes a worse Libel than Falsehood, and 83 JOHN PETER ZENGER must follow from his not proving our Papers to be false, or not suffering us to prove them to be true. But this is only reasoning upon the Case, and I will now proceed to shew, what in my Opinion will be sufficient to induce the Court, to allow us to prove the Truth of the Words, which in the Information are called libellous. And first, I think there cannot be a greater Authority for us, than the Judgment I just now mentioned, in the Case of yohn de North- ampton, and that was in early Times, and before the Star Chamber came to its Fulness of Power and Wick- edness. In that Judgment, as I observed, the False- hood of the Letter which was wrote, is assigned as the very Ground of the Sentence. And agreeable to this it was urged by Sir Robert Sawyer,^ in the Tryal of the Seven Bishops, That the Falsity, the Malice, and Sedition of the Writing, were all Facts to be proved. But here it may be said. Sir Robert was one of the Bishop's Council, and his Argument is not to be allowed for Law : But I offer it only to shew that we are not the first who have insisted, that to make a Writing a Libel, it must he false. And if the Argument of a Council must have no Weight, I hope there will be more Regard shewn to the Opinion of a Judge, and therefore I mention the Words of Justice Powel in the same Tryal, where he says (of the Petition of the Bishops, which was called a Libel, and upon which they were persecuted by Information), That to make it a Libel, it must be false and malicious, and tend to Sedition ; and declared, as he saiv no Falsehood or Malice in it, he was of Opinion, that it was no Libel. * State tryah. Vol. 4. 84 JOHN PETER ZENGER Now I should think this Opinion alone, in the Case of the King, and in a Case which that King had so much at Heart, and which to this Day has never been contradicted, might be a sufficient Authority, to entitle us to the Liberty of proving the Truth of the Papers, which in the Information are called y^/j^, malicious^ seditious and scandalous. If it be objected, that the Opinions of the other three Judges were against him, I answer. That the Censures the Judgments of these Men have undergone, and the Approbation Jus- tice Bowel's Opinion, his judgment and Conduct upon that Tryal has met with, and the Honour he gained to himself, for daring to speak Truth at such a Time, upon such an Occasion, and in the Reign of such a King, is more than sufficient, in my humble Opin- ion, to warrant our insisting on his Judgment, as a full Authority to our Purpose, and it will lye upon Mr. Attorney to shew, that this Opinion has since that Time been denied to be Law, or that Justice Powelwho delivered it, has ever been condemned or blamed for it, in any Law-Book extant at this Day, and this I will venture to say, Mr. Attorney cannot do. But to make this Point yet more clear, if any Thing can be clearer, I will on our Part proceed and shew, that in the Case of Sir Samuel Barnardiston, his Council, notwithstanding he stood before one of the greatest Monsters that ever presided in an English Court (Judge Jefferies), insisted on the Want of Proof to the Malice and seditious Intent of the Author, of what was called a Libel. And in the Case of Tutchin, which seems to be Mr. Attorney's chief Authority, State Tryali, Vol. V. 549. 85 JOHN PETER ZENGER that Case is against him ; for he was upon his Tryal put upon shewing the Truth of his Papers, but did not, at least the Prisoner was asked, by the King's Council whether he would say they were true? And as he never pretended, that they were true, the Chief Justice was not to say so. But the Point will still be clearer on our Side from Fuller's Case, For falsly and wickedly causing to be printed a false and scandalous Libel, in which {amongst other Things) were contained these Words, ' Mr. Jones has also made Oath, That - he * paid L. ^,000. more by the late King's Order, to sev- * eral Persons in Places of Trust, that they might com- ' pleat my Ruin, and invalidate me for ever. Nor is this * all ; for the same Mr. Jones will prove by undeniable * Witness and Demonstration, that he has distributed more * than L. 1 80,000, m Eight Tears last past, by the French * King's Order, to Persons in publick Trust in this King- * dom.' 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 publick 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, they are true ? Have you any Wit- nesses ? Tou might have had Subpoena'syor your Wit- nesses against this day. If you take 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 Wit- StaU TryaU, Vol. V. 445. 86 __, (^.^,.. y^dz .£,.., ^^^; ^. ^__^ ^_^^ ;! '/^6 Jk^.^- i^^^ .^-A-^/;^:' ^ dkn'^i k -^c M.A^ U,U. .'.^ ,u..S.,. tj U.^^U,^^^ . -. \:fy f^.;:„ "' c^eC^// yk^y k fr lie.. .U.x^,^,Ji /•'f\t%ifY/)^^j - .--« •'.'..i^iiix-/ ^^ Z"*/*^ f^i"^ /is^f > ^<. DOCUMENT WITH SIGNATURE OF GOVERNOR COSBY. JOHN PETER ZENGER nesses 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 have wrote, let us hear it. Thus said, thus did, that great Man Lord Chief Justice Holt, upon a Tryal 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 Informa- tion, 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. Ch. fustice. Let me see the book. Here the Court had the case under Consideration, a considerable Time, and every one was silent. Mr. Ch. fust. 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 with reading the Cases over again ; the Thing seems to be very plain, and I submit it to the Court. Mr. Ch. yust. Mr. Hamilton, the Court is of the Opinion, you ought not to be permitted to prove the Facts in the Papers : these are the Words of the Book. * // is far from being a fustif cation of a Libel, 87 JOHN PETER ZENGER ' 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 Practice had been dead with the Court, Mr. Ch. fust. Mr. Hamilton, the Court have de- livered their Opinion, and we expect you will use us with good Manners ; you are not to be permitted to argue against the Opinion of the Court. Mr. Hamilton. With Submission, I have seen the Practice in very great Courts, and never heard it deemed unmannerly to Mr. Ch. fust. After the Court have declared their Opinion, it is not good Manners to insist upon a Point, in which you are over-ruled. Mr. Hamilton. I will say no more at this Time ; the Court I see is against us in this Point ; and that I hope I may be allowed to say. Mr. Ch. fust. Use the Court with good Man- ners, and you shall be allowed all the Liberty you can reasonably desire. Mr. Hamilton. I thank your Honour. Then, Gen- tlemen of the Jury, it is to you we must now appeal, for Witness, to the Truth of the Facts we have of- fered, and are denied the Liberty to prove ; and let it not seem strange, that I apply my self to you in this Manner, I am warranted so to do, both by Law and Reason. The Last supposes you to be summoned, out of the Neighbourhood where the Fact is alleged to be committed ; and the Reason of your being taken out 88 JOHN PETER ZENGER of the Neighbourhood is, because you are supposed to have the best Knowledge of the fact that is to be tried. And were you to find a Verdict against my client, you must take upon you to say, the Papers referred to in the Information, and which we acknowledge we printed and published, are false, scandalous and sedi- tious : but of this I can have no Apprehension. You are Citizens oi New-York; you are really what the Law supposes you to be, honest and lawful Men ; and, according to my Brief, the Facts which we offer to prove were not committed in a Corner ; they are notoriously known to be true ; and therefore in your Justice lies our Safety, And as we are denied the Liberty of giving Evidence, to prove the Truth of what we have published, I will beg Leave to lay it down as a standing Rule in such Casess, That the sup- pressing of Evidence ought always to be taken for the strongest Evidence; and I hope it will have that Weight with you. But since we are not admitted to exam- ine our Witnesses, I will endeavor to shorten the Dispute with Mr. Attorney, and to that End, I de- sire he would favor us with some Standard Definition of a Libel, by which it may be certainly known, whether a Writing be a Libel, yea or not. Mr. Attorney. The Books, I think, have given a very full definition of a Libel ; they say it is in a strict Sense taken for a malicious 'Defamation, expressed either in Printing or Writing, and tending either to blacken the Memory of one who is dead, or the Reputa- tion of one who is alive, and to expose him to pub lick Hatred, Contempt or Ridicule. § ? But it is said. That in a larger I Hawk. Chap. LXXIII. § i & seq. 89 JOHN PETER ZENGER Sense the Notion of a Libel may be applied to any Defa- mation whatsoever, expressed either by Signs or Pictures, as by fixing up a Gallows against a Man's Door, or by painting him in a shameful and ignominious Manner. § 3. And since the chief Cause for which the Law so severely punishes all Offences of this Nature, is the direct Tend- ency of them to a Breach of Publick Peace, by provoking the Parties injured, their Friends and Families to Acts of Revenge, which it would be impossible to restrain by the severest Laws, were there no Redress from Publick fustice for Injuries of this kind, which of all others are most sensibly felt; and since the plain Meaning of such Scandal, as is expressed by Signs or Pictures, is as obvi- ous to common Sense, and as easily understood by every common Capacity, and altogether as provoking as that which is expressed by Writing or Printing, why should it not be equally criminal? § 4. And from the same Ground it seemeth also clearly to follow. That such Scan- dal as is expressed in a scoffng and ironical Manner, makes a Writing as properly a Libel, as that which is expressed in direct Terms; as where a Writing, in a taunting Manner reckoning up several Acts of public Charity done by one, says You will not play the Jew, nor the Hypocrite, and so goes on in a Strain of Rid- icule to insinuate, that what he did was owing to his Vain- glory ; or where a Writing, pretending to recommend to one the Characters of several great Men for his Imitation, instead of taking Notice of what they are generally es- teemed famous for, pitched on such ^alities only which their Enemies charge them with the Want of, as by propos- ing such a one to be imitated for his Courage, who is known to be a great Statesman, but no Soldier, and an- 90 JOHN PETER ZENGER other to be imitated for his Learning, who is known to be a great General, but no Scholar, &c., which Kind of Writ- ing is as well understood to mean only to upbraid the Par- ties with the Want of these ^alities, as if it had directly and expressly done so. Mr. Hamilton. Ay, Mr. Attorney ; but what certain Standard Rule have the Books laid down, by which we can certainly know, whether the Words or the Signs are malicious? Whether they are de- famatory ? Whether they tend to the Breach of the Peace, and are a sufficient Ground to provoke a Man, his Family, or Friends to Acts of Revenge, especially those of the ironical sort of Words ? And what Rule have you to know when I write ironically ? I think it would be hard, when I say, such a Man is a very worthy honest Gentleman, and of fine Understanding, that therefore I meant he was a Knave or a fool. Mr. Attorney. I think the Books are very full ; it is said in i Hawk, p. 193. just now read. That such Scandal as is expressed in a scoffing and ironical Manner, makes a Writing as properly a Libel, as that which is expressed in direct Terms ; as where a Writing, in a taunt- ing Manner says, reckoning up several Acts of Charity done by one, says, you will not play the Jew or the Hypocrite, and so goes on to insinuate, that what he did was owing to his Vain-Glory, &c. Which kind of Writ- ing is as well understood to mean only to upbraid the Par- ties with the Want of these ^alities,as if it had directly and expressly done so. I think nothing can be plainer or more full than these Words. Mr. Hamilton. I agree the Words are very plain and I shall not scruple to allow (when we are agreed JOHN PETER ZENGER that the Words are false and scandalous, and were spoken in an ironical and scoffing Manner, ^c.) that they are really libellous ; but here still occurs the Uncer- tainty, which makes the Difficulty to know, what Words are scandalous and what not ; for you say, they may be scandalous, true ox false ; besides, how shall we know whether the Words were spoke in a scoffing and ironical Manner, or seriously ? Or how can you know whether the Man did not think as he wrote ? For by your Rule, if he did, it is no Irony, and conse- quently no Libel. But under Favour, Mr. Attorney, I think the same Book, and the same Section will shew us the only Rule by which all these Things are to be known. The Words are these; which Kind of Writing is as well UNDERSTOOD to mean only to upbraid the Parties with the Want of these Slualities, as if they had di- rectly and expressly done so. Here it is plain, the Words are scandalous, scoffing and ironical, only as they are UNDERSTOOD. I know no Rule laid down in the Books but this, I mean, as the Words are understood. Mr. Ch. Just. Mr. Hamilton, do you think it so hard to know, when Words are ironical, or spoke in a scoffing Manner ? Mr. Hamilton. I own it may be known ; but I insist, the only Rule to know is, as I do or can un- derstand them ; I have no other Rule to go by, but as I understand them. Mr. Ch. Just. That is certain. All Words are libellous, or not, as they are understood. Those who are to judge of the Words, must judge whether they are scandalous or ironical, tend to the Breach of the Peace, or are seditious : There can be no Doubt of it. 92 JOHN PETER ZENGER Mr. Hamilton. I thank your Honour; I am glad to find the Court of this Opinion. Then it follows that those twelve Men must understand the Words in the Information to be scandalous, that is to szy false; for I think it is not pretended they are of the ironical ^oxt; and when they understand the Words to be so, they will say we are guilty of Publishing a false Libel, and not otherwise. Mr. Ch. Just. No, Mr. Hamilton the Jury may find that Zenger printed and published those Papers, and leave it to the Court to judge whether they are libellous; you know this is very common; it is in the Nature of a special Verdict, where the Jury leave the Matter of Law to the Court. Mr. Hamilton. I know, may it please Your Hon- our, the Jury may do so ; but I do likewise know, they may do otherwise. I know they have the Right beyond all Dispute, to determine both the Law and the Fact, and where they do not doubt of the Law, they ought to do so. This of leaving it to the Judg- ment of the Court, whether the Words are libellous or not, in Effect renders Juries useless (to say no worse) in many Cases ; but this I shall have Occasion to speak to by and by ; and I will with the Court's Leave proceed to examine the Inconveniences that must inevitably arise from the Doctrines Mr. Attorney has laid down ; and I observe, in support of this Prose- cution, he has frequently repeated the Words taken from the Case of Libel, famosus, in 5 Co. This is indeed the leading case, and to which almost all the other Cases upon the Subject of Libels do refer ; and I must insist upon saying. That according as this Case 93 JOHN PETER ZENGER seems to be understood by the [Court] and Mr. At- torney, it is not Law at this Day : For thou' I own it to be base and unworthy to scandalize any Man, yet I think it is even villanous to scandalize a Person of publick Character, and I will go so far into Mr. Attorney's Doctrine as to agree, that if the faults, Mistakes, nay even the Vices of such a Person be private and personal, and don't affect the Peace of the Publick, or the Liberty or Property of our Neighbour, it is unmanly and unmannerly to expose them either by Word or Writing. But when a Ruler of the People brings his personal Failings, but much more his Vices, into his Administration, and the People find themselves affected by them, either in their Liberties or Properties, that will alter the Case mightily, and all the high Things that are said in Favour of Rulers, and of Dignities, and upon the side of Power, will not be able to stop People's Mouths when they feel themselves oppressed, I mean in a free Government. It is true in Times past it was a crime to speak Truth, and in that ter- rible Court of Star Chamber, many worthy and brave Men suffered for so doing ; and yet even in that Court, and in those bad Times, a great and good Man durst say, what I hope will not be taken amiss of me to say in this Place, to wit. The Practice of in- formations for Libels is a Sword in the Hands of a wicked King, and an arrant Coward, to cut down and destroy the innocent ; the one cannot, because of his high Station, and the other dares not, because of his want of Courage, revenge himself in another Manner. Mr. Attorney. Pray Mr. Hamilton, have a Care 94 JOHN PETER ZENGER what you say, don't go too far neither, I don't like those Liberties. Mr. Hamilton. Sure, Mr. Attorney, you won't make any Applications; all Men agree that we are governed by the best of Kings, and I cannot see the Meaning of Mr. Attorney's Caution; my well known Principles, and the Sense I have of the Blessings we enjoy under His present Majesty, makes it impossible for me to err, and I hope, even to be suspected, in that Point of Duty to my King. May it please Your Honour, I was saying. That notwithstanding all the Duty and Reverence claimed by Mr. Attor- ney to Men in Authority, they are not exempt from observing the Rules of Common Justice, even in their private or public Capacities ; the Laws of our Mother Country know no Exemption. It is true. Men in Power are harder to be come at for Wrongs they do, either to a private Person, or to the Pub- lick ; especially a Governor in the Plantations, where they insist upon an Exemption from answering Com- plaints of any Kind in their own Government. We are indeed told, and it is true they are obliged to answer a Suit in the King's Courts at Westminster, for a Wrong done to any Person here : But do we not know how impracticable this is to most Men among us, to leave their Families (who depend upon their Labour and Care for their Livelihood) and carry Evidences to Britain, and at a great, nay, a far greater Expense than almost any of us are able to bear, only to prosecute a Governour for an Injury done here. But when the Oppression is general, there is no Remedy even that Way, no, our Con- 95 JOHN PETER ZENGER stitution has (blessed be God) given us an Opportu- nity, if not to have such Wrongs redressed, yet by our Prudence and Resolution we may in a great Measure prevent the committing of such Wrongs, by making a Governour sensible that it is to his in- terest to be just to those under his Care; for such is the Sense that Men in General (I mean Free- men) have of common Justice, that when they come to know, that a chief Magistrate abuses the Power with which he is trusted, for the good of the People, and is attempting to turn that very Power against the Innocent, whether of high or low de- gree, I say. Mankind in general seldom fail to inter- pose, and as far as they can, prevent the Destruction of their fellow Subjects. And has it not often been seen (and I hope it will always be seen) that when the Representatives of a free People are by just Rep- resentations or Remonstrances, made sensible of the Sufferings of their Fellow-Subjects, by the Abuse of Power in the Hands of a Governour, they have de- clared (and loudly too) that they were not obliged by any Law to support a Governour who goes about to destroy a Province or Colony, or their Priviledges, which by His Majesty he was appointed, and by the Law he is bound to protect and encourage. But I pray it may be considered of what Use is this mighty Priviledge, if every Man that suffers must be silent ? And if a Man must be taken up as a Libeller, for telling his Sufferings to his Neighbour ? I know it may be answer' d. Have you not a Legislature? Have you not a House of Representatives, to whom you may complain? And to this I answer, we have. But 96 JOHN PETER ZENGER what then? Is an Assembly to be troubled with every Injury done by a Governour? Or are they to hear of nothing but what those in the Adminis- tration will please to tell them ? Or what Sort of a Tryal must a Man have? And how is he to be remedied; especially if the Case were, as I have known it to happen in America in my Time; That a Governour who has Places (I will not [say] Pen- sions, for I believe they seldom give that to another which they can take to themselves) to bestow, and can or will keep the same Assembly (after he has modeled them so as to get a Majority of the House in his Interest) for near twice Seven Tears together ? I pray, what Redress is to be expected for an honest Man, who makes his Complaint against a Governour to an Assembly who may properly enough be said, to be made by the same Governour against whom the Complaint is made ? The Thing answers it self. No, it is natural, it is a Priviledge, I will go far- ther, it is a Right which all Freemen claim, and are entitled to complain when they are hurt ; they have a Right publickly to remonstrate the Abuses of Power, in the strongest Terms, to put their Neigh- bours upon their Guard, against the Craft or open Violence of Men in Authority, and to assert with Courage the Sense they have of the Blessings of Liberty, the Value they put upon it, and their Reso- lution at all Hazards to preserve it, as one of the greatest Blessings Heaven can bestow. And when a House of Assembly composed of honest Freemen sees the general Bent of the Peoples Inclinations, That is it which must and will (I'm sure it ought 97 JOHN PETER ZENGER to) weigh with a Legisliature, in Spite of all the Craft, Caressing and Caj oiling, made use of by a Governour, to divert them from hearkening to the Voice of their Country. As we all very well un- derstand the true Reason, why Gentlemen take so much Pains and make such great Interest to be ap- pointed Governours, so is the Design of their Ap- pointment not less manifest. We know his Majesty's gracious Intentions to his Subjects; he desires no more than that his People in the Plantations should be kept up to their Duty and Allegiance to the crown of Great Britain, that Peace may be preserved amongst them, and Justice impartially administered; that we may he [sic] governed so as to render us useful to our Mother Country, by encouraging us to make and raise such Commodities as may be useful to Great Britain. But will any one say, that all or any of these good Ends are to be effected, by a Governour's setting his People together by the Ears, and by the Assistance of one Part of the People to plague and plunder the other? The Commission which Gov- ernours bear, while they execute the Powers given them, according to the Intent of the Royal Grantor, expressed in their Commissions, requires and deserves very great Reverence and Submission ; but when a Governour departs from the Duty enjoined him by his Sovereign, and acts as if he was less accountable than the Royal Hand that gave him all that Power and Honotir which he is possessed of; this sets Peo- ple upon examining and enquiring into the Power, Authority and Duty of such a Magistrate, and to compare those with his Conduct, and just as far as 98 JOHN PETER ZENGER they find he exceeds the Bounds of his Authority, or falls short in doing impartial Justice to the People under his Administration, so far they very often, in return, come short in their Duty to such a Governour. For Power alone will not make a Man beloved, and I have heard it observed. That the Man who was neither good nor wise before his being made a Gov- ernour, never mended upon his Preferment, but has been generally observed to be worse ; For Men who are not endued with Wisdom and Virtue, can only be kept in Bounds by the Law; and by how much the further they think themselves out of the Reach of the Law, by so much the more wicked and cruel Men are. I wish there were no Instances of the Kind at this Day. And wherever this happens to be the Case of a Governour, unhappy are the People under his Administration, and in the End he will find himself so too ; for the People will neither love him nor support him. I make no Doubt but there are those here, who are zealously concerned for the Success of this Prosecution, and yet I hope they are not many, and even some of those, I am perswaded (when they consider what Length such Prosecutions may be carried, and how deeply the Liberties of the People may be affected by such Means) will not all abide by their present Sentiments; I %2.j,NotAU: For the Man who from an Intimacy and Acquaintance with a Governour has conceived a personal Regard for him, the Man who has felt none of the Strokes of his Power, the Man who believes that a Gov- ernour has a Regard for him and confides in him, it is natural for such Men to wish well to the Affairs 99 JOHN PETER ZENGER of such a Governour; and as they may be Men of Honour and Generosity, may, and no Doubt will, wish him Success, so far as the Rights and the Priv- iledges of their Fellow Citizens are not affected. But as Men of Honour, I can apprehend nothing from them ; they will never exceed that Point. There are others who are under stronger Obligations, and those are such, as are in some Sort engaged in Support of a Governour's Cause, by their own or their Relations Dependance on his Favour, for some Post or Pre- ferment ; such Men have what is commonly called Duty and Gratitude, to influence their Inclinations, and oblige them to go to his Lengths. I know Men's Interests are very near to them, and they will do much, rather than foregoe the Favour of a Govern- our, and a Livelihood at the same Time ; but I can with very just Grounds hope, even from those Men, whom I will suppose to be Men of Honour and Conscience too, that when they see, the Liberty of their Country is in Danger, either by their Concur- rence, or even by their Silence, they will like Eng- lishmen, and like themselves, freely make a Sacrifice of any Preferment or Favour rather than be acces- sory to destroying the Liberties of their Country, and entailing Slavery upon their Posterity. There are indeed another set of Men, of whom I have no Hopes, I mean such, who lay aside all other Con- siderations, and are ready to joyn with Power in any Shapes, arid with any Man or Sort of Men, by whose Means or Interest they may be assisted to gratify their Malice and Envy against those whom they have been pleased to hate; and that have no lOO JOHN PETER ZENGER other Reason, but because they are Men of Abihties and Integrity, or at least are possessed of some valu- able Qualities far superior to their own. But as Envy is the Sin of the Devil, and therefore very hard, if at all, to be repented of, I will believe there are but few of this detestable and worthless Sort of Men, nor will their Opinions or Inclinations have any Influence upon this Tryal. But to pro- ceed ; I beg Leave to insist. That the Right of com- plaining or remonstrating is natural; And the Re- straint upon this natural Right is the Law only, and that those Restraints can only extend to what h false; For as it is Truth alone which can excuse or justify any Man for complaining of a bad Administration, I as frankly agree, that nothing ought to excuse a Man who raises a false Charge or Accusation, even against a private Person, and that no manner of Allowance ought to be made to him who does so against a publick Magistrate. Truth ought to gov- ern the whole Affair of Libels, and yet the Party ac- cused runs Risque enough even then ; for if he fails of proving every Tittle of what he has wrote, and to the Satisfaction of the Court and Jury too, he may find to his Cost, that when the Prosecution is set on Foot by Men in Power, it seldom wants Friends to Favour it. And from thence (it is said) has arisen the great Diversity of Opinions among Judges, about what words were or were not scandalous or libellous. I believe it will be granted, that there is not greater Uncertainty in any Part of the Law, than about Words of Scandal; it would be mispending of the Court's Time to mention the Cases; they may be lOI JOHN PETER ZENGER said to be numberless ; and therefore the uttermost Care ought to be taken in following Precedents ; and the Times when the Judgments were given, which are quoted for Authorities in the Case of Libels, are much to be regarded. I think it will be agreed. That ever since the Time of the Star Chamber, where the most arbitrary and destructive Judgments and Opinions were given, that ever an Englishman heard of, at least in his own Country: I say. Prose- cutions for Libels since the Time of that arbitrary Court, and until the glorious Revolution, have gen- erally been set on Foot at the Instance of the Crown or its Ministers ; and it is no small Reproach to the Law, that these Prosecutions were too often and too much countenanced by the Judges, who held their Places at Pleasure, (a disagreeable Tenure to any Officer, but a dangerous one in the Case of a Judge.) To say more to this Point may not be proper. And yet I cannot think it unwarrantable, to shew the unhappy Influence that a Sovereign has sometimes had, not only upon Judges, but even upon Parliaments themselves. It has already been shewn, how the Judges dif- fered in their Opinions about the Nature of a Libel, in the Case of the seven Bishops. There you see three Judges of one Opinion, that is, of a wrong Opinion, in the Judgment of the best Men in Eng- land, and one Judge of a right Opinion. How un- happy might it have been for all of us at this Day, if that Jury had understood the Words in that In- formation as the Court did ? Or if they had left it to the Court, to judge whether the Petition of the 102 JOHN PETER ZENGER Bishops was or was not a Libel ? No they took upon them, to their immortal Honour ! to determine both Law and Fact, and to understand the Petition of the Bishops to be no Libel, that is, to contain no falshood nor Sedition, and therefore found them Not Guilty. And remarkable is the Case of Sir Samuel Barnardiston, who* was fined i o,oooI,. for Writing a Letter, in which, it may be said, none saw any Scandal or Falshood but the Court and Jury ; for that Judgment was after- wards looked upon as a cruel and detestable Judgment, and therefore was reversed by Parliament. Many more Instances might be given of the Complaisance of Court-Judges, about those Times and before ; but I will mention only one Case more, and that is the Case of Sir Edward Hales, who tho' a Roman Catho- lick, was by King James IL preferred to be a Col- onel of his Army, notwithstanding the Statute of 25 Cha. zd. Chap. 2. by which it is provided. That every one that accepts of an Office, Civil or Military, &c. shall take the Oaths, subscribe the Declaration, and take the Sacrament, within three Months, &c. otherwise he is dis- abled to hold such Office, and the Grant for the same to be null and void, and the Party to forfeit ^ool. Sir Ed- ward Hales did not take the Oaths and Sacrament, and was prosecuted for the 500/. for exercising the Office of a Colonel by the Space of three Months, without conforming as in the Act is directed. Sir Edward pleads. That the King by His Letters Patents did dispence with his taking the Oaths and Sacrament, and subscribing the Declaration, and had pardoned the forfeiture of ^ool. And whether the King's Dispensa- tion was good, against the said Act of Parliament ? was 103 JOHN PETER ZENGER the Question. I shall mention no more of this Case, than to shew how in the Reign of an arbitrary Prince, where Judges held their Seats at Pleasure, their Determinations have not always been such as to make Precedents of, but the Contrary ; and so it happened in this Case where it was solemnly judged, That, notwithstanding this Act of Parliament, made in the strongest Terms, for Preservation of the Protestant Religion, That yet the King had, by his Royal Preroga- tive, a Power to dispence with that Law ; and Sir Ed- ward Hales was acquitted by the Judges accordingly. So the King's Dispensing Power, being by the Judges set up above the Act of Parliament, this Law, which the People looked upon as their chief Security against Popery and Arbitrary Power, was by this Judgment rendered altogether ineffectual. But this Judgment is sufficiently exposed by Sir Edward Atkins, late one of the Judges of the Court of Common Pleas in his Enquiry into the King's Power of dispensing with poena! Statutes ; where it is shewn. Who it was that first in- vented Dispensations ; how they came into England ; what ill Use has been made of them there; and all this princi- pally owing to the Countenance given them by the Judges. He says of the Dispensing Power,* The Pope was the Inventor of it; our Kings have borrowed it from them; and the Judges have from Time to Time nursed and dressed it up, and given it countenance ; and it is still upon the Growth, and encroaching, 'till it has almost sub- verted all Law, and made Regal Power absolute if not Sir Ed'uiard Atkini' Enquiry into the Power of Dispensing with poenal Statutes. * Postscript to the Enquiry, pag. 51. 104 JOHN PETER ZENGER dissolute. This seems not only to shew how far Judges have been influenced by Power, and how Uttle Cases of this Sort, where the Prerogative has been in Ques- tion in former Reigns, are to be relied upon for Law : But I think it plainly shews too, that a Man may use a greater Freedom with the Power of His Sov- ereign and the Judges in Great Britain, than it seems he may with the Power of a Governour in the Plan- tations, who is but a Fellow-Subject. Are these Words with which we are charged, like these ? Do Mr. Zenger's Papers contain any such Freedom with his Governour or His Council, as Sir Edward Atkins has taken, with the Regal Power and the Judges in England? And yet I never heard of any Informa- tion brought against him for these Freedoms. If then upon the whole there is so great an Un- certainty among Judges (learned and great Men) in Matters of this Kind ; If Power has had so great an Influence on Judges ; how cautious ought we to be in determining by their Judgments, especially in the Plantations, and in the Case of Libels ? There is Heresy in Law, as well as in Religion, and both have changed very much; and we well know that it is not two Centuries ago that a Man would have been burnt as an Heretick, for owning such Opinions in Matters of Religion as are publickly wrote and printed at this Day. They were fallible Men, it seems, and we take the Liberty not only to differ from them in religious Opinion, but to condemn them and their Opinions too ; and I must presume, that in taking these Freedoms in thinking and speak- ing about Matters of Faith and Religion, we are in I OS JOHN PETER ZENGER the right: For, tho' it is said there are very great Liberties of this Kind taken in Newe York, yet I have heard of no Information prefered by Mr. At- jtorney for any Offences of this Sort. From which I think it is pretty clear. That in New-York a Man (may make very free with his God, but he must take special Care what he says of his Governour. It is agreed upon by all Men that this is a Reign of Lib- erty, and while Men keep within the Bounds of Truth, I hope they may with Safety both speak and write their Sentiments of the Conduct of Men in Power, I me[a]n of that Part of their Conduct only, which affects the Liberty or Property of the People under their Administration ; were this to be denied, then the next Step may make them Slaves. For what Notions can be entertained of Slavery, beyond that of suffering the greatest Injuries and Oppres- sions, without the Liberty of complaining ; or if they do, to be destroyed. Body and Estate, for so doing ? It is said and insisted upon by Mr. Attorney, That Government is a sacred Thing; That it is to be supported and reverenced; It is Government that pro- tects our Persons and Estates ; That prevents Treasons, Murders, Robberies, Riots, and all the Train of Evils that overturns Kingdoms and States, and ruins particu- lar Persons ; and if those in the Administration, espe- cially the Supream Magistrate, must have all their Con- duct censured by private Men, Government cannot subsist. This is called a Licentiousness not to be tollerated. It is said. That it brings the Rulers of the People into Con- tempt, and their Authority not to be regarded, and so in 1 06 JOHN PETER ZENGER the End the haws cannot be put in Execution. These I say, and such as these, are the general Topicks in- sisted upon by Men in Power, and their Advocates. But I wish it might be considered at the same Time, How often it has happened, that the Abuse of" Power has been the primary Cause of these Evils, and that it was the Injustice and Oppression of these great Men, which has commonly brought them into Con- tempt with the People. The Craft and Art of such Men is great, and who, that is the least acquainted with History or Law, can be ignorant of the specious Pretences, which have often been made use of by Men in Power, to introduce arbitrary Rule, and de- stroy the Liberties of a free People. I will give two Instances ; and as they are Authorities not to be de- nied, nor can be misunderstood, I presume they will be sufficient. 'V\\& first is the Statute of 3^. of Hen. 7. Cap. I. The Preamble of the Statute will prove all and more than I have alledged. It begins, ' The King * Our Sovereign Lord rememhereth how by unlawful * Maintenances y giving of Liveries, Signs and Tokens, ' &c. untrue Demeanings of Sheriffs in making of Pan- * nels, and other untrue Returns, by taking of Money, by ' Injuries, by great Riots and unlawful Assemblies ; the ' Policy and good Rule of this Realm is almost subdued; ' and for the not punishing these Inconveniences, and by ' Occasion of the Premises, little or nothing may be found ' by Inquiry, &c. to the Increase of Murders, &c. and ' unsureties of all Men living, and Losses of their Lands ' and Goods' Here is a fine and specious Pretence for introducing the Remedy, as it is called, which 107 JOHN PETER ZENGER is provided by this Act; that is; instead of being lawfully accused by 24 good and lawful Men of the Neighbourhood, and afterwards tried by 12 like lawful Men, here is a Power given to the Lord Chancellor, Lord Treasurer, the Keeper of the King's privy Seal, or two of them, calling to them a Bishop, a temporal Lord, and other great Men mentioned in the Act, (who, it is to be observed, were all to be Dependants on the Court) to receive Information against any Person for any of the Mis- behaviours recited in that Act, and by their Discre- tion to examine, and to punish them according to their demerit. The second Statute I proposed to mention, is the wth of the same King, Chap. 3^. the Preamble of which Act has the like fair Pretences as the former ; for the King calling to his Remembrance the good Laws made against the receiving of Liveries, &c. unlawful Extortions, Maintenances, Embracery, &c. unlawful Games, &c, and many other great Enormitys, and Of- fences committed against many good Statutes, to the Dis- pleasure of Almighty God, which, the Act says, could not, nor yet can, be conveniently punished by the due Or- der of the Law, except it were first found by 12 Men, &c. which, for the Causes aforesaid, will not find nor yet present the 'Truth. And therefore the same Statute directs, that the fustices of Assize, and Justices of the Peace, shall, upon Information for the King before them made, have full Power, by their Discretion, to hear and determine all such Offences. Here are two Statutes that are allowed to have given the deepest Wound to the Liberties of the People of England of any that 108 JOHN PETER ZENGER I remember to have been made, unless it may be said, that the Statute made in the Time of Henry %th, by which his Proclamations were to have the Effect of Laws, might in its Consequence be worse. And yet we see the plausible Pretences found out by the great Men to procure these Acts. And it may justly be said. That by those Pretences the People of England were cheated or aw'd into Delivering up their antient and sacred Right of Tryals by Grand and Petit Juries. I hope to be excused for this Expression, seeing my Lord Coke calls it an unjust and strange Act, that tended in its Execution to the great Displeasure of Almighty God, and the utter Subversion of the common Law. These, I think, make out what I alledged, and are flagrant Instances of the Influence of Men in Power, even upon the Representatives of a whole Kingdom. From all which I hope it will be agreed, that it is a Duty which all good Men owe to their Country, to guard against the unhappy Influence of ill Men when intrusted with Power, and especially against their Creatures and Dependants, who, as they are generally more necessitous, are surely more cov- etous and cruel. But it is worthy of Observation, that tho' the Spirit of Liberty was born down and oppressed in England at that Time, yet it was not lost; for the Parliament laid hold of the first Op- portunity to free the Subject from the many insuf- ferable Oppressions and Outrages committed upon their Persons and Estates by Colour of these Acts, the last of which being deemed the most grievous, 4. Inst. 109 JOHN PETER ZENGER was repealed in the first Year of Hen. %th. Tho' it is to be observed, that Hen. jth, and his Creatures reap'd such great Advantages by the grievous Op- pressions and Exactions, grinding the Faces of the poor Subjects, as my Lord Coke says, by Colour of this Statute by information only, that a Repeal of this Act could never be obtained during the Life of that Prince. The other Statute being the favourite Law for Supporting arbitrary Power, was continued much longer. The Execution of it was by the great Men of the Realm ; and how they executed it, the Sense of the Kingdom, expressed in the I'jth of Charles \st. (by which the Court of Star Chamber, the Soil where Informations grew rankest) will best declare. In that Statute Magna Charta, and the other Statutes made in the Time of Eidw. T^d. which, I think, are no less than five, are particularly enu- merated as Acts, by which the Liberties and Privi- ledges of the People of England were secured to them, against such oppressive Courts as the Star- Chamber and others of the like Jurisdiction. And the Reason assigned for their pulling down the Star- Chamber, is. That the Proceedings, Censures and De- crees of the Court of Star Chamber, even tho' the great Men of the Realm, nay and a Bishop too (holy Man) were fudges, had by Experience been found to be an in- tolerable Burthen to the Subject, and the Means to in- troduce an arbitrary Power and Government, And therefore that Court was taken away, with all the other Courts in that Statute mentioned, having like Jurisdiction. I don't mention this Statute, as if by the taking 110 JOHN PETER ZENGER away the Court of Star Chamber, the Remedy for many of the Abuses or Offences censured there, was likewise taken away; no, I only intend by it to shew that the People of England saw clearly the Danger of trusting their Liberties and Properties to be tried, even by the greatest Men in the Kingdom, without the Judgment of a Jury of their Equals. They had felt the terrible effects, of leaving it to the Judgment of these great Men to say what was scan- dalous and seditious, false or ironical. And if the Parliament of England thought this Power of judg- ing was too great to be trusted to Men of the first Rank in the Kingdom, without the Aid of a Jury, how sacred soever their Characters might be, and therefore restored to the People their original Right of tryal by Juries, I hope to be excused for insisting, that by the Judgment of a Parliament, from whence no Appeal lies, the Jury are the proper Judges, of what is false at least, if not of what is scandalous and seditious. This is an Authority not to be denied, it is as plain as it is great, and to say, that this Act indeed did restore to the People Tryals by Juries, which was not the Practice of the Star Chamber, but that did not give the Jurors any new Author- ity, or any Right to try Matters of Law, I say this Objection will not avail ; for I must insist, that where Matter of Law is complicated with Matter of Fact, the Jury have a Right to determine both. As for Instance ; upon Indictment for Murder, the Jury may, and almost constantly do, take upon them to judge whether the Evidence will amount to Mur- der or Manslaughter, and find accordingly; and I III JOHN PETER ZENGER must say I cannot see, why in our Case the Jury have not at least as good a Right to say, whether our News Papers are a Libel or no Libel, as another Jury has to say, whether killing of a Man is Mur- der or Manslaughter. The Right of the Jury, to find such a Verdict as they in their Conscience do think is agreeable to their Evidence, is supported by the Authority of Bushel's Case, in VagharCs Re- ports, fag. 135. beyond any Doubt. For, in the Argument of that Case, the Chief Justice who de- livered the Opinion of the Court, lays it down for Law, That in all General Issues, as upon Non Cul. in Trespass, Non Tort. Nul Disseizin in Assize, &c. the' it is Matter of Law, whether the Defendant is a Trespasser, a Disseizer. &c. in the particular Cases in Issue, yet the Jury find not [as in a special Verdict^ the Fact of every Case, leaving the Law to the Court; but find for the Plaintiff or Defendant upon the Issue to be tried, wherein they resolve both Law and Fact compli- cately. It appears by the same Case, that tho' the discreet and lawful Assistance of the Judge, by Way of Advice, to the Jury, may be useful ; yet that Ad- vice or Direction ought always to be upon Supposi- tion, and not positive, and upon Coersion. The Reason given in the same Book is. Because the Judge [as Judge^ cannot know what the Evidence is which the Jury have, that is, he can only know the Evidence given in Court; but the Evidence which the Jury have, may be of their own Knowledge, as they are returned of the Neighbourhood. They may also know from their own Knowledge, that what is sworn in Court is not true ; and Vaugban's Rep. p. 150. Pag. 144. pag. 147. 112 JOHN PETER ZENGER they may know the Witnesses to be stigmatized^ to which the Court may be strangers. But what is to my Pur- pose, is, that suppose that the Court did really know all the Evidence which the Jury know, yet in that Case it is agreed, T^hat the Judge and Jury may differ in the Result of their Evidence as well as two Judges may, which often happens. And in pag. 148 the Judge subjoins the Reason, why it is no Crime for a Jury to differ in Opinion from the Court, where he says. That a Man cannot see with another's Eye, nor hear by another's Ear; no more can a Man conclude or infer the Thing by another's Understanding or Reason- ing. From all which (I insist) it is very plain. That the Jury are by Law at Liberty {without any affront to the Judgment of the Court^ to find both the Law and the Fact, in our Case, as they did in the Case I am speak- ing to, which I will beg Leave just to mention, and it was this. Mr. Penn and Mead being Quakers, and having met in a peaceable Manner, after being shut out of their Meeting House, preached in Grace Church Street in London, to the People of their own Perswasion, and for this they were indicted ; and it was said. That they with other Persons, to the Number of 300. unlawfully and tumultuous ly assembled, to the Dis- turbance of the Peace, &c. To which they pleaded Not Guilty. And the Petit Jury being sworn to try the Issue between the King and the Prisoners, that is, whether they were Guilty, according to the Form of the Indictment? Here there was no Dispute but they were assembled together, to the Number men- tioned in the Indictment ; But Whether that Meeting together was riotously, tumultuously, and to the Disturb- "3 JOHN PETER ZENGER ance of the Peace ? was the Question. And the Court told the Jury it was, and ordered the Jury to find it so ; For (said the Court) the Meeting was the Matter of Fact, and that is confessed, and we tell you it is un- lawful, for it is against the Statute ; and the Meeting be- ing unlawful, it follows of Course that it was tumultuous, and to the Disturbance of the Peace. But the Jury did not think fit to take the Courts Word for it, for they could neither find Riot, Tumult, or any Thing tending to the Breach of the Peace committed at that Meet- ing; and they acquitted Mr. Penn and Mead. In doing of which they took upon them to judge both the Law and the Fact, at which the Court (being themselves true Courtiers) were so much offended, that they fined the Jury 40 Marks a piece, and com- mitted them till paid. But Mr. Bushel, who valued the Right of a Juryman and the Liberty of his Country more than his own, refused to pay the Fine, and was resolved, (tho' at a great Expence and trouble too) to bring, and did bring, his Habeas Corpus, to be re- lieved from his Fine and Imprisonment, and he was released accordingly ; and this being the Judgment in his Case, it is established for Law, That the Judges, how great soever they be, have no Right to Fine, imprison, or punish a Jury, for not finding a Verdict according to the Direction of the Court. And this I hope is suffi- cient to prove. That Jurymen are to see with their own Eyes, to hear with their own ears, and to make use of their own Consciences and Understandings, in judging of the Lives, Liberties or Estates of their fellow Subjects. And so I have done with this Point. 114 JOHN PETER ZENGER This is the second Informotion for Libelling of a Governour that I have known in America. And the first, tho' it may look like a Romance, yet as it is true, I will beg Leave to mention it. ' Governor Nicholson, who happened to be offended with one [ofj his Clergy, met him one Day upon the Road, and as was usual with him (under the Protection of his Commission) used the poor Parson with the worst of Language, threatened to cut off his Ears, slit his Nose, and at last to shoot him through the Head. The Parson being a reverend Man, con- tinued all this Time uncovered in the Heat of the Sun, until he found an Opportunity to fly for it ; and coming to a Neighbours House felt himself very ill of a Fever, and immediately writes for a doctor ; and that his Physician might the better judge of his Distemper, he acquainted him with the Usage he had received ; concluding, that the Governor was cer- tainly mad, for that no Man in his Senses would have behaved in that manner. The Doctor unhappily shews the Parson's Letter ; the Governour came to hear of it ; and so an Information was preferred against the poor Man for saying he believed the Governour was mad ; and it was laid in the Information to he false, scandalous, and wicked, and wrote with Intent to move Sedition among the People, and bring His Excellency into Contempt. But by an Order from the late Queen Anne, there was a Stop put to that Prosecution, with sun- dry others set on foot by the same Governour, against Gentlemen of the greatest Worth and Honour in that Government. And may not I be allowed, after all this, to say, 115 JOHN PETER ZENGER That by a little Countenance, almost any Thing which 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. That whether the Words are spoken of a Person of a publick 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, Mr. At- torney is so good as to allow, 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 shew. That tho' what a Man writes of a Governour was true, proper and necessary, yet according to the foregoing Doctrine it might be construed to be a libel : But Mr. Hamilton after the Tryal was over, being informed. That some of the Cases he had put had really happened in the Govern- ment, he declared he had never heard of any such; and as he meant no personal Reflections, he was sorry he had mentioned them, and there- fore 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 any Person safe from being called to an Account as a Libeller : For Moses, meek as he was. Libelled Cain ; and who is it that has not ii6 \ ^'^■--^^i^K^ Hi^^:^ ^ < tx. JOHN PETER ZENGER libelled the Devil ? For according to Mr. Attorney, it is no Justification to say one has a bad Name. Echard has libelled our good King William ; Burnet has libelled among many others King Charles and King James ; and Rapin has libelled them all. 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 Libeller ? I sincerely believe, that were some Persons to go thro' the Streets oi New-York now-a-days, and read a Part of the Bible, if it was not known to be such, Mr. Attorney, with the Help of his Innuendoes, would easily turn it into a Libel. As, for instance. Is IX. i6. T^he Leaders of the People cause them to err, and they that are led by them are destroyed. But should Mr. Attorney go about to make this a Libel, he would treat it thus ; The Lead- ers of the People \innuendo, the Governour and Coun- cil of New-Tork^ cause them [innuendo, the People of this Province] to err, and they [the people of this Prov- ince meaning] that are led by them [the Governour and Council meaning] are destroyed \innuendo, are de- ceived into the Loss of their Liberty] which is the worst Kind of Destruction. Or if some Persons should publickly repeat, in a Manner not pleasing to his Betters, the \oth and wth Verses of the LVIth. Chap, of the same Book, there Mr. Attorney would have a large Field to display his Skill, in the artful Application of his Innuendo's. The Words are. His Watchmen are all blind, they are ignorant, &c. Tea, they are greedy Dogs, that can never have enough. But to make them a Libel, there is according to Mr. Attorney's Doctrine, no more wanting but the Aid 117 JOHN PETER ZENGER of his Skill, in the right adapting his Innuendo's. As for Instance ; His Watchmen ^innuendo, the Gover- nour's Council and Assembly] are blind, they are ig- norant [innuendo, will not see the dangerous Designs of His Excellency] Tea, they [the Governour and Council meaning] are greedy Dogs, which can never have enough [innuendo, enough of Riches and Power.' Such an Instance as this is seems only fit to be laugh'c at ; but I may appeal to Mr. Attorney himself, whether these are not at least equally proper to be applied to His Excellency and His Ministers, as some of the Inferences and Innuendo's in his Information against my Client. Then if Mr. Attorney is at Liberty to come into Court, and file an Information in the King's Name, without Leave, who is secure, whom he is pleased to prosecute as a Libeller ? And as the Crown Law is contended for in bad Times, there is no Rem- edy for the greatest Oppression of this Sort, even tho the Party prosecuted is aquitted with Honour. And give me Leave to say, as great Men as any in Britain, have boldly asserted. That the Mode of Prosecuting by Information (when a Grand Jury will not find Bi//a vera) is a national Grievance, and greatly in- consistent with that Freedom, which the Subjects of England enjoy in most other Cases. But if we are so unhappy as not to be able to ward off this Stroke of Power directly, yet let us take Care not to be cheated out of our Liberties, by Forms and Appearances ; let us always be sure that the Charge in the Informa- tion is made out clearly even beyond a Doubt ; for tho Matters in the Information may be called Form upon Tryal, yet they may be, and often have been ii8 JOHN PETER ZENGER found to be Matters of Substance upon giving judg- ment. Gentlemen: The Danger is great, in Proportion to the Mischief that may happen, through our too great Credulity. A proper Confidence in a Court is commendable ; but as the Verdict (whatever it is) will be yours, you ought to refer no Part of your Duty to the Discretion of other Persons. If you should be of 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 don't know whether 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 there have been those in all Ages, who for the sake of Preferment, or some imaginary Honour, have freely lent a helping Hand, to oppress, nay to destroy their Country. This brings to my Mind that saying of the immortal Brutus, when he looked upon the Creatures of Ccesar, who were very great Men, but by no Means good Men. " Tou Romans said Brutus, if yet I may call you so, consider " what you are doing ; remember that you are assisting " Caesar to forge those "very Chains, which one Day he " will make your selves wear." This is what every Man (that values Freedom) ought to consider : He should act by Judgment and not by Affection or Self-inter- est ; for, where those prevail. No Ties of either Country or Kindred are regarded, as upon the other Hand, the Man, who loves his Country, prefers it's 119 JOHN PETER ZENGER Liberty to all other Considerations, well knowing that without Liberty, life is a Misery. A famous Instance of this is found in the His- tory of another brave Roman of the same Name, I mean Lucius jfunius Brutus, whose story is well known and therefore I shall mention no more of it, than only to shew the Value he put upon the Freedom of his Country. After this great Man, with his Fellow Cit- izens whom he had engag'd in the Cause, had ban- ish'd Tarquin the Proud, the last King of Rome, from a Throne which he ascended by inhuman Murders and possess' d by the most dreadful Tyranny and Pro- scriptions, and had by this Means, amass' d incredible Riches, even sufficient to bribe to his Interest, many of the young Nobility of Rome, to assist him in re- covering the Crown; but the Plot being discover'd, the principal Conspirators were apprehended, among whom were two of the Sons of "Junius Brutus. It was absolutely necessary that some should be made Examples of, to deter others from attempting the re- storing of Tarquin and destroying the Liberty of Rome. And to effect this it was, that Lucius Junius Brutus, one of the Consuls of Rome, in the Presence of the Roman People, sat Judge and condemned his own Sons, as Traitors to their Country : And to give the last Proof of his exalted Virtue, and his Love of Liberty : He with a Firmness of Mind (only becom- ing so great a Man) caus'd their Heads to be struck off in his own Presence ; and when he observ'd that his rigid Virtue, occasion'd a sort of Horror among the People, it is observ'd he only said, " My Fellow- " Citizens, do not think that this Proceeds from any Want 120 JOHN PETER ZENGER ''of natural Affection: No, The Death of the Sons of " Brutus can affect Brutus only ; but the loss of Liberty " will affect my Country." Thus highly was Liberty esteem'd in those Days that a Father could sacrifice his Sons to save his Country. But why do I go to Heathen Rome, to bring Instances of the Love of Liberty, the best Blood of Britain has been shed in the Cause of Liberty ; and the Freedom we enjoy at this Day, may be said to be (in great measure) ow- ing to the glorious Stand the famous Hamden, and others of our Countrymen, made against the arbi- trary Demands, and illegal Impositions, of the Times in which they lived ; Who rather than give up the Rights of Englishmen, and submit to pay an illegal Tax of no more, I think, than 3 Shillings, resolv'd to undergo, and for their Liberty of their Country did undergo the greatest Extremities, in that arbitrary and terrible Court of Star Chamber, to whose arbi- trary Proceedings, (it being compos'd of the Princi- pal Men of the Realm, and calculated to support arbitrary Government) no Bounds or Limits could be set, nor could any other Hand remove the Evil but a Parliament. Power may justly be compared to a great River, while kept within its due Bounds, is both Beautiful and Useful ; but when it overflows it's Banks, it is then too impetuous to be stemm'd, it bears down all before it, and brings Destruction and Desolation wherever it comes. If then this is the Nature of Power, let us at least do our Duty, and like wise Men (who value Freedom) use our utmost care to support Liberty, the only Bulwark against lawless 121 JOHN PETER ZENGER Power, which in all Ages has sacrificed to its wild Lust and boundless Ambition, the Blood of the best Men that ever liv'd. I hope to be pardon'd Sir for my Zeal upon this Occasion ; it is an old and wise Caution, That when our Neighbours House is on Fire, we ought to take Care of our own. For tho' Blessed be God, I live in a Government where Liberty is well understood, and freely enjoy'd; yet Experience has shewn us all (I'm sure it has to me) that a bad Precedent in one Government, is soon set up for an Authority in an- other ; and therefore I cannot but think it mine, and every Honest Man's Duty, that (while we pay all due Obedience to Men in Authority) we ought at the same Time to be upon our Guard against Power, wherever we apprehend that it may affect ourselves or our Fellow-Subjects. I am truely very unequal to such an Undertak- ing on many Accounts. And you see I labour under the Weight of many Years, and am born down with great Infirmities of Body ; yet Old and Weak as I am, I should think it my Duty, if required, to go to the utmost Part of the Land, where my Service could be of any Use in assisting to quench the Flame of Prosecutions upon Informations, set on Foot by the Government, to deprive a People of the Right of Remonstrating (and complaining too) of the arbi- trary Attempts of Men in Power. 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 122 JOHN PETER ZENGER there were no Instances of this Kind. But to con- clude ; the Question before the Court and you. Gen- tlemen of the Jury, is not of small nor private Con- cern, it is not the Cause of a 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 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 honour 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 Neigh- bours, 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. Here Mr. Attorney observed, that Mr. Ham- ilton 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 ; he said, there was no such Cause as Mr. Bushel's or Sir Edward Hales before the Court; and he could not find out what the Court or Jury had to do with Dispensations, Riots or unlawful Assem- blies: All that the Jury had to consider of was Mrs. [sic) Zenger's Printing and Publishing two scandalous Libels, which very highly reflected on 123 JOHN PETER ZENGER his Excellency and the principal Men concerned in the Administration of this Government, which is confess' d. That is, the Printing and Publishing of the Journals set forth in the Information is con- fess' d. And concluded that as Mr. Hamilton had confess' d the Printing and there could be no doubt but they were scandalous Papers, highly reflecting upon his Excellency, and the principal Magistrates in the Province. And therefore he made no Doubt but the Jury would find the Defendant Guilty, and would refer to the Court for their Direction. Mr. Ch. Just. Gentlemen of the Jury. The great pains Mr. Hamilton has taken, to shew how- little Regard Juries are to Pay to the Opinion of the Judges; and his insisting so much upon the Con- duct of some Judges in Tryals 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 Ques- tion before you is, whether the Words as set forth in the Information, make a Lybel. And that is a Matter of Law, no Doubt, and which you may leave to the Court. But I shall trouble you no further with any Thing more of my own, but read to you the Words of a learned and upright Judge* in a Case of the like Nature. * To say that corrupt Officers are appointed to ad- ' minister Affairs, is certainly a Reflection on the Gov- ' ernment. If People should not be called to account for *Ch. J. Holt in TuUhitCs Case. 124 JOHN PETER ZENGER possessing the People with an ill Opinion of the Gov- ' ernment, no Government can subsist. For it is very * necessary for all Governments that the People should * have a good Opinion of it. And nothing can be worse ' to any Government, than to endeavour to procure Ani- * mosities ; as to the Management of it, this has always * been look'd upon as a Crime, and no Government can ' be safe without it be punished. 'Now you are to consider, whether these Words I * have read to you, do not tend to beget an ill Opinion of ' the Administration of the Government? To tell us, ' that those that are employed know nothing of the Mat- ' ter, and those that do know are not employed. Men are ' not adapted to Offices, but Offices, to Men out of a par- ' ticular Regard to their Interest, and not to their Fitness 'for the Places ; this is the Purport of these Papers. Mr. Hamilton I humbly beg Your Honours Pardon; I am very much mis-apprehended, if you suppose what I said was so designed. Sir, you know ; I made an Apology for the Free- dom I found myself under a Necessity of using on this Occasion. I said, there was Nothing personal designed; it arose from the Nature of our Defence. The Jury withdrew and in a small Time re- turned and being asked by the Clerk whether they were agreed of their Verdict, and whether fohn Peter Zenger was guilty of Printing and Publishing the Libels in the Information mentioned ? They answered by Thomas Hunt, their Foreman, Not Guilty, Upon which there were three Huzzas in the Hall which was crowded with People, and the next Day I was discharged from my Imprisonment." 125 JOHN PETER ZENGER The cheers of the crowd annoyed the court and the Chief Justice attempted a rebuke, but Captain Norris, son-in-law of Lewis Morris, replied boldly, saying, " Cheers were customary on such occasions, and especially on the occasion of the trial of the Bishop of London." The verdict of the jury might have been fore- seen when the Chief Justice allowed himself to be drawn into an argument with Hamilton. De Lan- cey was then a young man without much experience in his profession, and was no match for Hamilton, who was near the close of a long and brilliant career, while his age and manner were as convincing to the jury as his eloquence. A dinner was given to Hamilton in the evening at the Black Horse Tavern. This famous old inn was then situated in Smith street (now William), In 1750 it was in Queen street (now Pearl street.) Zenger says, " Above forty of the Citizens enter- tained Mr. Hamilton at the black Horse that Day at Dinner, to express their Acknowledgment of his Generosity on this Occasion, and at his Departure next Day he was saluted with the great guns of several Ships in the Harbour, as a publick Testimony of the glorious Defense he made in the Cause of Liberty in this Province." At a meeting of the Common Council held on September 16, 1735, it was ordered that Hamilton be presented with the Freedom of the Corporation. A committee appointed for the purpose brought in later an appropriate resolution, and also reported, " that sundry of the Members of this Corporation and 126 JOHN PETER ZENGER Gentlemen of this City have voluntarily Contributed suf- ficient for a Gold Box of five Ounces and a half Inclos- ing the Seal of said Freedom ; Upon the Lid of which, we are of Opinion should be engraved the Arms of the City ofNew-Tork." In addition to the arms of the city the cover bore the following motto, "Demers.^ leges-timefacta LIBERTAS-HAEC TANDEM EMERGUNT," and on the inside of the cover, "Non nummis,-virtute par- ATUR,"and part of Tally's w^ish, "Ita cuique eveni- AT, UT DE RePUBLICA MERUIT." The box and the resolution vv^ere taken to Phil- adelphia by Alderman Stephen Bayard and by him presented to Hamilton, " w^ho gratefully accepted it." There w^as great interest taken in the trial throughout the country and the papers in Boston and Philadelphia published full accounts of the pro- ceedings. The first edition entitled " A brief Nar- rative of the Cafe and Tryal of fohn Peter Zenger, Printer of the New-Tork weekly Journal," was pub- lished by Zenger in 1736. It was scattered broad- cast and many copies were sent to London. It is a folio of forty pages and now very rare. It was edited by James Alexander, as appears by the following let- ter from Andrew Hamilton : " I have at last Sent you my Draught of Mr. Zen- ger's tryall. When I first wrote you I intended to re- vise it by my Notes but being interrupted with Busi- ness I neglected and at last being in hopes that you was not like to obtain Mr. Chambers's and Mr. Atty.'s Argument, your design of publication was over and so it lay over until our Assembly broke up ye last of Feb- 127 JOHN PETER ZENGER ruary. Since then we have had Court every day and rather than give you ye trouble of writing again I have Sent it ill done as it is. I have had no time to read it over but once since it was finished. I wrote it by half sheets and copied it as fast as I wrote. The meaning of all this is to beg of you to alter and Cor- rect it agreeable to your own Mind." There were four editions of the trial published in London in 1738, one edition in Boston, one in Lancaster, Pennsylvania, and it was republished in 1770 in New York when McDougal was tried. Zenger was made public printer in 1737 as a reward for his troubles, and in 1738 was appointed to the same office in New Jersey, He was natural- ized in New Jersey in 1738. In the fourth volume of the Colonial Documents of the State of New York it is stated on page 1 042 that " He was a printer by trade ; in arrears to a small amount as collector of taxes in the city, and the Assembly had refused to allow him to discharge the small debt by doing public printing enough to cover it " — a lively instance of ingratitude for the services he had rendered. His absence from the City, however, could not have been very prolonged, for he continued printing the " Journal " until his death, which occurred on July 28, 1746. His obitu- ary was published as follows in the " Evening Post " of August 4, 1746. " On Monday Evening last, departed this Life, Mr. yohn Peter Zenger Printer, in the 49 Year of his Age ; He has left a Wife and six Children be- hind, he was a loving Husband, and a tender Father, 128 FACSIMILE OF LETTER FROM ANDREW HAMILTON TO JAMES ALEXANDER, ACCOMPANYING NOTES OF THE TRIAL. JOHN PETER ZENGER and his Death is much lamented by his Family and Relations." He is said to have been buried in Trinity Church- yard, The record of the descendants of the Zenger family shows none in the male line. Nothing is known of Johannes, the brother of the printer, and his sister Anna Catharina, who was married Septem- ber 1 6, 1727, to Frederick Becker, and died with- out issue. John, son of the printer by his first wife, married in 1 74 1 Anneke Lynssen, but it does not ap- pear that he left any children who came to maturity. Pieter, son of the second marriage, married October 26, 1 75 1, Brachy Montange of Harlem, but there is no record of any children of this marriage. Eliza- beth, born 1726, one of the daughters of the printer's second marriage, married July 6, 1745, John George Kook, a weaver, and left descendants. She died in 1 817. Another daughter, Catherine, born 1738, died September 16, 1836, at the advanced age of ninety-eight; she married Matthias Lane, born 1736, died August 14, 1 801, and they also left descendants. The Lanes lived in Camden, New Jersey, and are buried there in the Evergreen Cemetery. Thomas, in his "History of Printing," says, "One of his [Zenger's] daughters was mistress of a tavern in New York in 1758," but which one it was does not appear. There were three other children of John Peter Zenger by his second marriage, who ap- parently died young or unmarried. His wife published the "Journal " from the time of her husband's death until December, 1748, when it was taken over by John Zenger, the son of the 129 JOHN PETER ZENGER first marriage. He continued it until 1 751, when the publication ceased entirely. As to the legal and practical result of the trial it is interesting to review briefly the origin and de- velopment of the law of libel. When the art of printing was invented, the press immediately became subjected to a severe censorship, a power assumed first by the church and later by the state. This au- thority was exercised by the Star Chamber during the reign of Elizabeth, and when that body was done away with in 1641, Parliament exercised the right with almost the same degree of severity. Un- der the Licensing Act of 1662, the control of the press was taken charge of by the Crown. This Act, limited to three years, was, on its expiration, renewed until 1679, and in 1685 it was renewed again for seven years more. But political censorship finally ceased in 1695, when the House of Commons failed to renew the Act by means of which the right was exercised. After the censorship was thus done away with, the only restraints upon the right to freedom of dis- cussion were those imposed by the law of libel, which became enforceable by the judgments of courts founded on the verdict of juries, but these restraints were practically as despotic as the edicts of the Star Chamber, since the rights and duties of judges and juries remained unsettled. For, though the law of the country entitled a defendant to a trial by jury, yet as the judges were allowed to pass upon both the facts and the law, the result was a practical de- nial of the right of trial. This state of affairs con- 130 JOHN PETER ZENGER tinued until 1 79 1 , when the Libel Act of Fox passed the Commons, establishing the principle that in cases of libel the jury were to be the judges of both the law and the fact, and by this means the judicial tyr- anny which succeeded the censorship was done away with forever. The trial of Zenger first established in North America the principle that in prosecution for libel the jury were the judges of both the law and the facts. The liberty of the press was secure from as- sault and the people became equipped with the most powerful weapon for successfully combating arbitrary power, the right of freely criticizing the conduct of public men, more than fifty years before the cele- brated trial of " Junius " gave the same privilege to the people of England. By degrees the Province of New York resumed its state of former quiet. Cosby died in March, 1736, and was succeeded by George Clarke, a man of more liberal mind. But the old conditions were changed, the result of the trial had imbued the people with a new spirit ; henceforth they were united in the struggle against governmental oppres- sion, and as Gouverneur Morris has well said : " The trial of Zenger in 1735 was the germ of American freedom, the morning star of that liberty which sub- sequently revolutionized America," m ••. JSJ' d'. I'm /.7 i U-JLh^Ey, in NO O a, B - .,-. .^f f. A .' : , .'v ,ij K viii''!-': ■•.'■«! Ondcr de Kroon x'-aa (ir:rot-.lh\r!.:!;'^. ;\ id !.:ir en |/er licr G E D R A G, V A. >.? -.ODORUS J ACQ BUS FRILlNGHVlfE Met tVa Kcriccn-R.Liucii. W, -1 E -I < T On ham m-Dreyfende Daaz -Erievcu, ■ ' A A M 'Ji'ft^tkrs lit IVaarhrd., tcr '■^ii.Ic-rfS^k,. v-rr;-, jh I 90(hse VGor-Reedt'H. h\ E T «"eri tut opiud d^rur^ van ac iv,. :■> rr, tt-Vork, fiflruki by Wiliin'n bt.'djMJ. ta ;7, i'...\f /. ,J BIBLIOGRAPHY » m H ■ ^m m i WILLIAM BRADFORD AND JOHN PETER ZENGER 1725 LAGTE/Van Eenige Leeden der/NEDER- DUYTSE HERVORMDE KERK,/Woon- nede op Raretam, &c., in de Provincie van / NIEU-JERSET, in NOORD-AMERICA,/ Onder de Kroon van Groot-Brittanje. /Over het GEDRAG, Aldaar en Elders, / VAN / Do. THE OD OR US JACOB US FRILING- HUISEN,/Met syn Kerken-Raaden./TEN/ ANTWOORD/Op hunne/ Ban-Dreygende Daag-Brieven, he./ AAN/AUe Liefhebbers der Waarheyd^ ter ondersoek, voorgesteld, /Hoe Die Gegrond zyn, of Niet./MET ecn/Noodige Voor-Reeden., tot opheldering van de Klagte. /Xiytgcgcwtn Yioor/De Gevolmagtig- den der gemelde Z^^i/^w./ [Small square printer's ornament.] / Te Nieu-Tork., Gedrukt by William Bradford en J. Peter Zenger. 1725./ 4to, 86 leaves. Collation : Title, i page; blank, i page ; "Verklaaring," 4 pages; ««Voor de Vitgeevers Van deze Klagte," 3 pages " Op de Klagte zelf," i page ; " Voor- Reeden," etc., pages [i]-xvi; text, beginning "Eerste Daagbrief," pages 1-144; Errata, middle of page 144-146. L. JOHN PETER ZENGER 1726 DE AANBIDDELYKE/WEGEN GODS/in -Lync/Souver- <7/«*5«//Vr/«^,?,/Besonderover/DE/MACHTEN deser WEER- ELD, / Verklaart en toegepast / IN / DRIE PREDICATIEN,/ 137 JOHN PETER ZENGER DOOR/ PETRUS VAN DRIESSEN, V. D. M./Te NIEUW- ALBANIA. / [ Printer's ornament.] / Te NIEUW - YORK,/ Gedrukt by J. PIETER ZENGER, MDCCXXVI. 4to, 46 leaves. Collation : Title, i page, printed in black and red ; ««Immobilis ad Im- mobile Numen," etc., 5 lines, printed in red, i page; "Opdragt," g pages; text, pages [i]-79 5 blank, page [So] ; Errata, page [Si] ; blank, page [gi]. THE ADORABLE /WAYS of GOD /In His / Sovereign Gw^/«j, Legatus en Temper- atus. 4to, 12 leaves. Collation : Text, pages 3—24. H. S. P. The only copy traced lacks the title-leaf. The above is at the top of page 3. THE/ INTEREST/ OF THE / COUNTRY/In Laying/ DUTIES :/OR/A DISCOURSE, Shewing how/Duties on some Sorts of Mer-/chandize may make the Pro-/vince of New- York richer than/it would be without them./Sold by J. Peter Zenger, near the City-/ Hall in New-York. Price 6.d./ Svo, ig leaves. Collation: Title, page [i]; blank, page [2]; text, pages 3-35; blank, page [36]. Ed. SAMENSPRAAK /Over de / KLAGHTE / DER / RARI- TANDERS ;/So in't Gemeen, als wel in't Beson-/der, wegens het gene in die ter/neder gestelt isten Laste/VAN/CORNELIUS van SANTVOORD,/Predikant op Staten-Eilant./Meteen/Na- 138 BIBLIOGRAPHY schrift tot Vrede./ [Printer's ornament,] /TE NIEUW-YORK,/ Gedruktby J. Peter Zenger, 1726./ Svo, 107 leaves. Collation : Title, i page ; blank, i page ; " Bericht aan der Leeser," » pages ; text, pages 1-194 j " Naschrift tot Vrede," pages i-xiv ; Errata, i page; blank, i page. W. n. VERDEEDIGING/VAN/D. BERNARDUS FREEMAN,/ WEGENS/HET gene hem voornaamlyk ten Laste/gelegt word in zeeker BOEK,/GENAAMT KLAGTE, &c./ [Printer's or- nament.] /Te NIEUW-YORK,/Gedrukt by 7. PeUr Zenger, in 't Jaar,/MDCCXXVI./ 8vo. Collation : Title and text, pages 1-115 i [']• Not seen. Title furnished by Mr. Wilberforce Eames. 1727 THE/CHARGE/Given by The/CHIEF JUSTICE/OF THE/Province of NEW-YORK,/TO THE/ GRAND JURY/ OF/The CITY Of NEW-YORK,/In March Term, 1726-7./ Printed at the Request of the said Grand Jury./ New-Tor k. Printed and sold by John Peter Zenger, ''■T^T' (pr« 6d.)/ 4to, 10 leaves. Collation: Title, page [i] ; blank, page [2] ; text, pages [3]-i9 ; blank, page [20] . H. S. P. (i)/To the Honourable/ADOLPH PHILIPSE, Esq;/As it is a noble and brave thing to defend ones country against the usur-/ pations [etc.]. Folio, : leaf. Collation : Text, pages i and z. L. Sir,/In my Former I frankly informed you in what Manner your Adver-/saries [etc.]. 4to, » leaves. Collation : No separate title-page. Text, pages [i]-[3]ipage [4] blank. Signed at bottom of page [3], " I am your's &c." L. A second letter to Adolph Philipse. JOHN PETER ZENGER 1728 JVilUm Christoffel Berhnmeyers/BedienasiTS des Heyligen Euan- geliums van de/Nederduytsche Gemeente /TE/Nieuw-Tbri, Alhanie on daar ontrent,/Insgelyks/der Parochye der Palatynen by ^assaykJ DE ONVERANDERDE A. C. TOEGEDAAN, / GER- TOUWE/HERDER-en WACHTER-/STEM/Ana de Hoog- en Neder-Duitsche Lutheriaanen/in dese Gewesten,/eenstemmig te zyn vertoont/met twee Brieven en andere Redenen Luther- scher Theologanten. / AANGAANDE/'t Van Z);Vr^wlin,to which is pre-/fix'd the following Motto,/ Omne vafer vitium ridenti Flaccus amico/Tangit,^ admissus circum proecordia ludit./ Per sius. /Being z. Defence of the Plantations against the/virulent Aspersions of that Writer, and such/as copy after him./ [One row of printer's ornaments.]/ [Colophon:] NEW-YORK, Printed and Sold By y. Peter Zenger. 1 733./ Folio, 5 leaves. Collation: No separate title-page. Text pages i-io. Heading as above at top of page i. Signed at end «'Roscommon." L. THE/ARGUMENTS/OF THE/Council for the Defen- DANT,/In Support of/A Plea to the" JURISDICTION,/Pleaded to a Bill filed in a Course of EQUITY,/ At the SUIT of/The 145 JOHN PETER ZENGER ATTORNEY GENERAL,Complainant,/AGAINST/RIP VAN DAM, Defendant,/IN THE/Supream Court of/NEW-YORK./ (Printers' Ornament) Ar£^-rOi?^.-/Printed by JOHN PETER ZENGER, M,DCC,XXXIII./ Folio, »7 leaves. Collation: Title, i page; blank, i page; text, pages 1-51, with Errata, 5 lines at bottom of page 51; page [5*] blank. L. The latest date of any of the documents included seems to be April 9, 1733. This portion was probably published during the summer. [One row of printer's ornaments.] The Proceedings of Rip Van Dam, Esq; in order/ for obtaining Equal Justice of His YmcA- \ency/ William Cosby, Esq;/[Colophon at bottom of p. 63:] /New York : Printed and Sold by John Peter Zenger, where also/is to be sold, The Argument of Van Dam's Couucil in Support of (his Plea ts the Jurisdiction of the Supream Court of New- York./ MDCCXXXIII./ Folio, 6 leaves Collation: No separate title-page. Text, pages 53-63; page 64 blank. Heading in large type as above at top of page 5 3. Text begins, "My Plea be- ing over-ruled, as by the Minutes of Court and Ar-/guments" [etc]. Signed at end " Rip Van Dam." L. The latest document included is dated October iz. This piece was adver- tised in the Ne'w York IVeekly Journal, No. 5, Dec. 3, 1733, as follows : "There is now printing and will shortly be published, and to be sold by the Printer of this Paper, The Proceedings of Rip Van Dam Esq; in order for obtaining equal Justice of His Excellency William Cosby, Esq; by which it seemeth that said Van Dam conceives an Attack has been made in this Province on the Pri'viledge oj JURIES in the Case nxihere it is of greatest Value, to ivitt, between THE KING and HIS SUBJECTS, or rather, GOVERNOUR and PEOPLE: it contains three Sheets, price gd." Eleutherius Enervatus;/OR/An Answer to a Pamphlet, Intitu- /led. The divine Right of Presbyte-/rian Ordination, &c., argued./ Done by way of Dialogue/BETWEEN/Eusebius and Eleutherius, together with/two Letters upon this Subject, some/Time agoe sent to thesupposed Auther/of thatPamphlet./Isai. 65. 2.5. 1 have spread out my Hands all the Day/unto a rebellious People, which walketh in a way that/was not good, after their own Thoughts, which say stand/ by thy self, come not near to me, for I am holier than thou. /These are 146 BIBLIOGRAPHY a smoke in my Nose; a Fire that Burneth allthe/Day./NEW-YORK /Printed by J. Peter Zenger,/MDCCXXX1II./ 8vo, 58 leaves. Collation: Title, page [i]; blank, page [2]; text, pages 3-115; blank page [116]. B. P. L. [Two rows of printer's ornaments.]/Farther proceedings con- cerning the Case of Ripj Van Dam, Esqr. at the Suit of the Attor- ney/General being for the Use of his Excellency/ Coll. Cosby Gov- ernour of this Province, in/the Equity Side of the Exchequer./ Folio, 2 leaves. Collation: No separate title-page. Text pages 65-[68], page 68 being wrongly numbered 80. Heading, as above, in large type at top of page 65. Text begins " Some People have been pleased to blame me for not accepting of the /Accommodation [etc]" Signed at bottom of page [68] "RipVanDam." L. As one document included is dated "19th Day of January, J733-4'* this was printed, probably in January, or in February at the latest. A/LETTER/From a Gentleman in New-York, to his/Friend in London./ [Colophon:] America : Printed in the Year 1733./ 4to, 2 leaves. Collation: No separate title-page. Text, pages 1-3, blank, p. [4]. Signed at end "Sir,/Your most Humble Servant,/P. P." N.Y.S.L. A criticism of Cosby for taking a present from the Assembly. A/LETTER/FROM/^ Minister of the Church /OF /E'NG- LAND/TO His/Dissenting Parishioners. / CONTAINING / A brief Answer to the most material Objec-/tions against the Estab- lish'd Church that/are to be found in De Laune's Plea, The/ Ans- wer to the Bishop of Derry, The plain/ Reasons for separating, &c. and others./ Together with plain Reasons for Confor-/mity to the Church of England./ 1 Kings 18, 21. How long halt ye between two Opinions./ 1 Cor. 14, 40. Let all Things be done decently and in (or ac-/cording to) Order./ 1 Pet. 2, 13. Be subject to every Ordin- ance of Man for the /Lord's Sake./ New-York, Printed by John Peter Zenger, 1733./ izmo, printed in fours ; 16 leaves. Collation: Title, page [i]; blank, page [2]; text, pages 3-31; blank, page [32]. N. Y. S. L. Probably by Samuel Johnson, D.D. 147 JOHN PETER ZENGER A PROTESTATION. [1733] Folio, 3 leaves. Collation: No separate title-page. Text, pages 1-5; blank, page [6]. Above heading at top of page i. Dated at end "this Twenty-sixth Day of March, . . . 1733," and signed "Alex. Campbell." Signature of Notary and postscript, 1 7 lines, at end. L. Protestation of Alexander Campbell against his examination on charges pre- ferred to the Bishop of London. The Opinion and Argument of the Chief Justice of the Prov- ince of New- York. A first edition of this piece must have been printed, but no copy has been found. (i)/The Opinion and Argument of the/Chief Justice of the Province of New- 1 York, concerning the Jurisdiction of the/supream Court of the said Province,//* determine Causes in a Course of Equity J The Second Edition Corrected and Amended. /To his Excellency WIL- LIAM COSBY., Esq ;/ [etc.]. [Colophon :] NEW-YORK, Printed and sold by John Peter Zenger, in Smith Street, 1733./ Folio, 8 leaves. Collation: No separate title-page. Text, pages i- 15; page [i6] blank. Heading, as above, at top of page i. Colophon, as above, at bottom of page 15. Text is signed at end "Lewis Morris." L. (2)/The Opinion and Argument of the/Chief Justice of the Province o( New-/ Yori, concerning the Jurisdiction of the/supream Court of the said Province,//fl determine Causes in a Course of Equity, j — The Second Edition Corrected. /To his Excellency WILLIAM C055r, Esq ;/[etc.]. [Colophon :] NEW-YORK, Printed and Sold by J. Peter Zenger. 1 733./ Folio, 8 leaves. Collation: No separate title-page. Text, pages [i]-i5; blank, page [16]. Page [i] is wrongly numbered 2. Heading, as above, at top of page [i]. Text is signed at end "Lewis Morris." Below the signature is a list of errata, six lines (where the edition is corrected : "for second read third.") and colo- phon, as above. L. THE/ VINDICATION. /OF/ 7a«« Alexander, /One of His Majesty's Council for the Province of New-Yorlt,/Al^r Quarter; and Advertisements at three/Shillings the first Week, and one Shilling every Week after./ Fifty-two numbers. From No. 61, dated January 6, 1734, to No. 112, dated December 29, 1735. Each number consists of four pages, except No. 99, which has two pages only. 1736 THE/VANITY/OF/Human Institutions/IN THE/Wor- ship of God./A/SERMON/Preached at Newark, June 2, 1736. To/which are added, some little Enlarge-/ments./By Jonathan Dickinson, M.A./Minister of the Gospel at Elizabeth/Town, in New-Jersey./[^aff/ato« from Gal. iv. 9] /New-York, Printed by John Peter Zenger, 1736./ i2mo. Collation: Title, i page; blank, i page; "To the Presbyterian/Congregation at Newark in New- Jersey, ' ' pages i-vi; text, pages 1-32; "Errata,' ' ten lines, a slip. / JOHN PETER ZENGER Not seen. Title furnished by Mr. Wilberforce Eames, from a copy formerly owned by Mrs. Daniel Van Pelt of Astoria, Long Island. ' [One row of printer's ornaments.] j New-York^ March 24, 1735, 6. /WHEREAS on the xyh day of this Instant March,/ James Alex- ander, Esq; one of his Majesty's Council/ [etc.] . Folio, I leaf. Collation: Text, i page; blank, i page. Printed in large type and in long lines, beginning as above. Signed at end "James Alexander." L. SIR; New-Tork, Jpril 26th, 1736./ WHEREAS on the loth Day of March last, immediately u-/pon the Death of His Excel- lency William Cosby, Esq; [etc] . Folio, I leaf. Collation: Text, i page; blank, i page. Printed in long lines, beginning as above. Signed at end "Your humble Servant." The Lenox copy is signed in ink below "Rip Van Dam." L. [Three rows of printer's ornaments.] /To All to whom these Presents shall/come or may any Way concern;/ RIP VAN DAM sendeth greeting./ Folio, 3 leaves. Collation: No separate title-page. Text, pages 69-73; page [74] blank. Heading as above is at top of page 69. Signed at end "Rip Van Dam." L. Advertised in the Neixi York Weekly 'Journal, No. 125, dated March 19, 1736, as follows : By Order of Rip Van Dam Esq, LAST Week was published His the said Van Dam's Protestation, Shewing the Steps he has taken in offering his Claim of Right to the Administration of this Government on the decease of Govemour Cosby. To be sold by John Peter Zenger. Price 6J. A LETTER/To one of the Members of the late General/As- sembly,/ [Colophon :] Printed by John Peter Zenger, 1736./ Folio, I leaf. Collation : No separate title-page. Text, 2 pages. The above heading is at the top of page [i], extending across the page. Text in double columns, signed at end " I am/Sir, Your very humble Servant,/ ./" L [Two rowsof printer's ornaments.] Copy of a Letter horn Rip Van Dam/ Esq; to the several Members of that/ General Assembly of New-Tork,t\isX/stooA adjourned to the last Tuesday /oi March, 1736. Folio, 2 leaves. 154 BIBLIOGRAPHY Collation : No separate title-page. Text, pages 1-4. Page a is wrongly- numbered 1 1 and page 4 is wrongly numbered 13. L. Advertised in the Neio Tork Weekly Journal, No. 130, dated May, 3, 1736, as follows : " LAst week was published, by Order o(Rip Van Dam, Esq, a Coppy of his Letter, to the Se'ueral Members of the General Assembly that stood adjourned to the Last "Tuesday of March I-/26. sent with a Copy of his Protestation. Last Week was also published, by Order of the said Members, The Decla- ration of a Majority of the Members of the said General Assembly met at the City Hall o/"New-York, on the 29th of April, 1736, 'with their Reasons, luhy they thought it not safe to act, upon the Foot of a late Adjournment by George Clarke, Esq; &c. Both the said Papers are printed together, and to be sold by the Printer hereof, price 4^/." [Two rows of printer's ornaments.] /His Majesty's Royal/ COMMISSION/TO/ ^/iZT/f^ C055r; Esq,/For the Govern- ment of the Province of/NEW-YORK./ [One row of printer's or- naments.] [Colophon:] Printed by John Peter Zenger^ Printer to the King's Most Excellent Majesty,/for the Province of New-York. M,DCC,XXXVI./ Folio, 4 leaves. Collation: No separate title-page. Text, pages 1-8. Heading as above, filling the upper half of page 1. Above the colophon, printed in large type is found the legend: "By Order of the Honourable Rip Van Dam, Esq;/Eldest Councillor, and Commander in Chief of/the Province of New- York./ L. (1) [Three rows of printer's ornaments.] A brief Narrative of the Case and Try-/al of John Peter Zenger, Printer of the /New- York weekly Journal./ [One row of ornaments.] As There was but one Printer in the Province of New-York., [etc.] . [Colophon:] New- York, Printed and sold by John Peter Zenger. MDCCXXXVI./ Folio, lo leaves. Collation: No separate title-page. Text, pages i- [40], pages 15 to 40 being wrongly numbered 1 7 to 42. With 2 lines of errata at end, above colo- phon. ^• Advertised in the Neiv York Weekly Journal, No. 98, dated September 23, •73S> ^s follows : "There is now in the Press, and will be publish-/ed with all imaginable Speed, A brief Narative of/ the Case and Tryal of John Peter Zenger, Printer of /the New-York weekly Journal. — Containing a/brief Account of the Proceed- 155 JOHN PETER ZENGER ings against him, and/of his Tryal, for Printing his Journals No. 13 &/23, both before and during his 9 Months Impri-/sonment on that Pretence./" Also advertised in the Journal, No. 137, dated June 21, 1736, and in other numbers, as follows : " Just published,/ A brief Narrative of the Case and Try-/al of John Peter Zenger, Printer of the/ Neiv-Tork ^weekly Journal./ To be sold by the Printer hereof./ April 12, 1736./" CiVj/ff/New-York, Sept. 28, 1736./A WORD IN SEASON./ Fellow Citizens. I [Colophon :] Printed by J. Peter Zenger./ Folio, I leaf. Collation: Text, a pages. N.Y.S.L.jB.M. OBSERVATIONS/On the REASONS given by Mr. Ha-I milton's Advisers, for his Detaining the/Seals of the Province of New-Jersie^ after/the Demand made of them by Lewis j Morris, Esq; President of the Council/and Commander in Chief of the Pro-/ vince of New-Jersie./In a LETTER to a FRIEND./ Folio, 6 leaves. Collation: No separate title-page. Text, pages 1-115 blank, page [12]. N.J.S.L. WAARSCHOUWING/Tegens Zeker Boekje, genaamt/ VADERLIK GESCHENK, &C./DOOR/JACOBTENCATE/ Waar in de Dweperyen en Vrygeestery van Ten / Gate en de befaamde Antoinette de Bourignon Dui-/delyk ontdekt worden, ten dienste der klein-/weetende misleide Zielen, en Bestieringe der/ Regtzinnigen./Opgesteltt door/De Predikanten van Groningen./ [Printer's Ornament] /voor been te Groningen by Jurijen Spandaw, nu gedrukt./TE NEW-YORK door J. Peter Zenger. MDCCXXXVI./ 4to, 17 leaves. Collation. Title, ^ page; "Uitgegeven volgens Kerten ordere," i page; text, pages 1-28; "Herders Kouwt Tusschen Vaarmond en Veederyk," pages 24-32. Title furnished by Mr. Wilberforce Fames. THE/New-York Weekly Journal. /Containing the freshest Ad- vices, Foreign, and Domestick. [Colophon :] NEW-YORK : Printed and Sold by John Peter 156 BIBLIOGRAPHY Zenger: By whom Subscriptions/ for this Paper are taken at three Shillings per Quarter ; and Advertisements at three/Shillings the first Week, and one Shilling every Week after:/ Fifty-two numbers. From No. 113, dated January 5, 1735, to No. 164, dated December 27, 1736. Each number consists of four pages. 1737 [Two rows of printer's ornaments.] A Journal of the Votes and Proceed-/ings of the General Assembly of His /Majesty's Colony of New-Tork, m j America, j Folio, 54 leaves. Collation: No separate title-page. Text, pages 1-107. Page 57 is omitted in the pagination and page 106 is repeated. Pages57to 105 are therefore wrongly numbered 58 to 106. Made up of 24 numbers, each a separate publication, as follows: [No. i] . Pages 1-5 (page 5 blank). No. 2 7-8 No. 3 9-12 No. 4 13—22 No. 5 2 3-»S (page 26] blank). No 6 27-29 " 30] " No. 7 31-33 " 34] " No. 8 35-39 «« !4o] " No. 9 41-43 " '44] " No. 10 45-47 " :48] «' No. II 49-S2 No 12 S3-5S " [S6] " No. 13 Pages 58-59 (page 57 omitted in the pagination.) No. 14 60-62 (page 63 blank). No. 15 64-68 " 69 " No. 16 70-71 No 17 [wrongly numbered 16) Pages 72-77. No. 18 Pages 78 -81 No. 19 «« 82- -85 No. 20 " 86- -89 No. 21 " go- -92 (page 93 blank). No. 22 " 94- -97 No. 23 " 98 -1 01 No. 24 «' 102-107 (with page 106 repeated). Each number contains, at end, the following notice: «'By Virtue of an Order of the General Assembly I do appoint John Peter Zenger to print these Votes, and that no other Person do presume to Print the same," Signed ««Lewis Morris, junr., Speaker." The date of the first meeting reported in No. 1, is June 15, 1737. and of the last, reported in No. 24, Dec. 16,1737. L., N.Y.H.S. 157 JOHN PETER ZENGER There is also in the Lenox volume an earlier issue of No. z, a single leaf only, page 6 (verso blank), printed from the same types as the first page (7) of the later No. a. [One row of printer's ornaments.] The SPEECH of the Hon- ourable/ G^sr^i? Clark, Esq; Lieut. Governor and/Commander in Chief of the Province/of New-York, Sec./ [Colophon:] By Virtue of an Order of the General Assembly I do appoint John Peter Zenger /to print these Fates. /Lewis Mollis, junr. Speaker./ Folio, I leaf. Collation : Text, 2 pages. The Address of the General Assembly on page [i] is signed "Lewis Morris, Jun., Speaker' and is dated "Die Jovis, 16 Junii, I737'" The Speech is signed at end " George Clark." L. [Two rows of printer's ornaments.] The SPEECH of the Honourable/ G««rj-^ Clarke, Esq; Lieut. Governor/and Commander in Chief of the Pro-/vince of New York, &c./ [Colophon :] By Virtue of an Order of the General Assembly I do appoint John Peter Zenger/ to print this Speech, and that no other Person do presume to print the same. /Lewis Morris, junr. Speaker./ Folio, I leaf. Collation : Text, pages (i) and 2. Heading as above, text in long lines signed at end "Geo. Clarke." and dated "September 2, 1737." L. [One row of printer's ornaments.] To the Honourable GEORGE CLARKE,/Esq; Lieut. Governour and Commander in/Chief of the Province of New-York, Sic./The Humble Address of the General Assembly of the Colony of/ "New-York,/ [Colophon :] By Virtue of an Order of the General Assembly I do appoint John Peter Zenger/« print this Address, and that no other Person do presume to print the same. /Lewis Morris, junr. Speaker./ Folio, 3 leaves. Collation: No separate title-page. Text, pages 1-6. In long lines be- ginning "May it please Your Honour," L. A/DEFENCE/OF A/SERMON/Preached at Newark, June 2 i736./entituled, the Vanity of human Instituti-/ons in the Wor- ship of God, against the/Exceptions of Mr. John Beach, in a/Let- ter to him./By JONATHAN DICKINSON, M.A./Minister of 158 BIBLIOGRAPHY the Gospel, at Elizabeth-/Town in New- Jersey./ 1 Joh. ii.19. They went from us ; but/they were not of us : For if they had been of/ us they would no Doubt have continued with us./ Jam. 1.6. He that wavereth is like a Wave/of the Sea driven with the Wind and tossed. /New- York, Printed by J. Peter Zenger./ i2mo, printed in fours; 52 leaves. Collation: Title, page [i]; blank, page [2]; text, pages 3-104. C. H. S. THE/New-York Weekly Journal./Containingthe freshest Ad- vices, Foreign, and Domestick./ [Colophon :] NEW-YORK : Printed and Sold by John Peter Zenger : By whom Subscriptions/for this Paper are taken at three Shillings per Quarter ; and Advertisements at three/Shillings the first Week, and one Shilling every Week TSt&x.j Fifty-two numbers. From No. 165, dated January 10, 1736, to No. 216, dated December 26, 1737. Each number consists of four pages. 1738 (i)/[Two rows of printer's ornaments.] A Journal of the Votes and Proceed-/ings of the General Assembly of His Majesty's Col- ony oi New-TH ork^l'xn America, j Folio, 18 leaves. Collation: No separate title-page. Text, pages i-[36]. Page 23 repeated and pages 24 to 36 are wrongly numbered 23 to 35. Made up of seven num- bers, each a separate publication, as follows: No. I Pages 1—4 No. * « 5-8 No. 3 " 9-12 No. 4 «« 13-15 (page 16 blank). No. 5 «« 17-18 No. 6 " 19-25 (page 23 being repeated in the pagination). No. 7 " a6-35 Each number contains, generally at the end, the same notice or license as the Votes of 1737. The date of the earliest session reported is April 4,~i738; and the latest is Sept. 20,1738. N. Y. H. S. KETEN/Der/Geddelyke Waarheden,/DIE/Men geloven en betrachten moet/OM/Salig te worden,/In haar natuurlyk verband 159 JOHN PETER ZENGER kortlyk/same gaschakelt ; DOOR/GERARD. HAEGHOORT,/ predikant te Second-River. /Door order van den Kerkenraed inge- woert in/de Gemmeente van Second-River./Te Nieuw-York,/ GedruktbyJ. Peter Zenger, 1738./ i2mo, printed in fours; 22 leaves. Collation: Title, t page; blank, i page; "Vooreeden" pages i-iv; "Opde Keten der Goddelyke Waarheden," page [5]; blank, page [vi]; text, pages 1-36. N. J. H.S. Anno Regni/GEORGII/SECUNDI/REGIS/ylf/7^«« Britan- nia,Francia & Hibernia,/\J'SDEClMO / [Acts and Laws Passed] / At a General Assembly begun and holden/at New-Tori, the Fif- teenth Day of June,! Anno Domini, 1737. In the Eleventh j Year of the Reign of our Sovereign Lord/ GEORGE the second, by the Grace of/ God, of Great Britain, France and Ire- j land, KING, Defender of the Faith, &c. [Two rows of printer's ornaments]/ NEW-YORK,/Printed by John Peter Zenger, MDCCXXXVIII./ Folio, 52 leaver. Collation : Title, i page; blank, i page; text, pages l-ioo; Table, i page; blank, i page. Page 28 is wrongly numbered 82. N. Y. H. S. [Three rows of printer's ornaments.] /The VOTES and Pro- ceedings of the/ General Assembly of the Province/of New-Jersey, which began the ijth J oi October, 1738./ Folio, 37 leaves. Collation: No separate title-page. Text, pages 1-70, with the ''Treasurer's Report," 4 pages, inserted between pages 63 and 64. Pages 33, 36, 37, 40, 60, 61, 62, 63 and 64 are wrongly numbered 32, 33, 36, 39, 55, 54, 58, 56 and 46. Made up of four numbers, each a separate publication, as follows : No. [i|] Pages i-io No. 2 " 11-16 No. 3 " 17—56 No. 4 " 57-70 The "Treasurer's Report" four pages, unnumbered, is inserted between pages 63 and 64, in No. 4. Nos. [i], 2, and 3 have at end : '^By Virtue of an Order of the House, I do appoint John Peter Zenger to print /these Votes. Joseph Bonnet, Speaker " L. The SPEECH of His Excellency LEWIS MORRIS, Esq ;/ Captain General and Governour in Chief in and over His Ma-/ 160 BIBLIOGRAPHY jesty's Province of Nova Casarea^ or New-Jersey and the Terri-/ tories thereon depending in America^ and Vice Admiral in the/same, &c./ ' [Colophon:] Printed by John Peter Zenger, 1738. Folio, 2 leaves. Collation; No separate title-page. Text, pp. [1-4]. N. J. S. L. THE/New-York Weekly Journal./Containing the freshest Advices, Foreign and Domestick. [Colophon :] New York, Printed by John Peter Zenger, where Advertisements are taken in./ Fifty-two numbers were probably printed. Of No. 217, which should have been dated January a, no copy has been traced. The last number of the year was No. 263, dated December 25, 1738. Each number, so far as seen consists of four pages, except No. 259, dated November 27, 1738, which has six pages. There are numerous errors in numbers and dates. 1739 INTERCESSION Every Christian's Duty. A Sermon preach'd by the Rev. George Whitefield, A.B. of Pembrock Col- lege, Oxford. New-York, Reprinted by John Peter Zenger, and sold by Jacob Goelet. 1 739. Not seen. Advertised in the Nenu York Weekly Journal, No. 317, dated January 7, 1739 [1740]. The Danger of Schisms and Contentions, with respect to the Ministry and Ordinance of the Gospel, represented in a Sermon. [By Jonathan Dickinson.] New York, 1739. i2mo. Not seen. Title taken from Sabin, Vol. V, page 412, No. 20062. Probably printed by Zenger. A SHORT/DIRECTION/FOR AN/Unregenerate Sin- NER,/Shewing how he may come to/CHRIST. /Written in Dutch by a Lover of the/Truth, and Translated into English jhy a Weil- Wisher to all Men./NEW-YORK,/Reprinted by John Peter Zen- i'f, 1739-/ 8vo, 12 leaves. Collation: Title, page [i]; blank, page [2]; text, pages 3-24. H. S. Pj 161 JOHN PETER ZENGER TO His Excellency LEWIS MORRIS,/Esq ; Captain, Gen- eral and Gover-/nour in Chief, in and over his Ma-/jesty's Pro- vince of Nova-Casarea or j New-Jersey^ and Territories thereon/de- pending in America^ and Vice Admiral in the same, £sff./The hum- ble Address of His Majesty's Council of the Province/aforesaid./ [Colophon :] Printed by John Peter Zenger, Jan, 4. 1738-9,/ Folio, z leaves. Collation: No separate title-page; text, 4 pages. N. J. S. L. TO His Excellency LEWIS MORRIS, Esq; Captain, Gen- eral and Gover-/nour in Chief, in and over His Ma-/jesty's Pro- vince of Nova Cessarea or j New-Jersey^ and Territories thereon/de- pending in America^ and Vice Ad-/miral in the same, Ufc./THE humble Address of the Representatives of the Province of /Nova Ctesarea, or New- Jersey, met in General Assembly./ [Colophon :] By Virtue of an Order of the House, I do appoint John Peter Zenger to print/ this Address Joseph Bonnel, Spr./ Folio, a leaves. Collation: No separate title-page; text, 3 pages; blank, i page. N. J. S. L. THE/New-York Weekly Journal. /Containing the freshest Advices, Foreign, and Domestick. [Colophon :] Newr York, Printed by John Peter Zenger, where Advertisements are taken in./ Fifty-two numbers. From No. 164, dated January j, 1738, to No. 315, dated December 24, 1739. Each number probably consists of four pages. 1740 THE/QUERISTS,/The Rev. Mr. fVhiteJield's/ ANSWER,/ The Rev. Mr Garden's/LETTERS, &c./[Prmtei's ornament.]/ NEfV YORK, Printed by J. P. Zenger, 1740./ [Second title page :] THE / QUERISTS, / OR / An EX- TRACT of sundry Passages/ taken out of Mr Whitefield's prin-/ ted Sermons, Journals and Let-/ters :/TOGETHER WITH/ Some SCRUPLES propos'd in proper/ QUERIES raised on each Remark./jBy some Church-Members of the Presbyterian Persuasion,/ 1 162 BIBLIOGRAPHY Tim i. 13. Holdfast the Form of sound words. — /Turpe est doc- tori cum culpa redarguit ipsum. / NEW-YORK. I Printed in the Year M,DCC,XL./ i2mo, printed in fours; 80 leaves. Collation: First title as above, page [i] ; blank, page [ii]; second title as above, page [iii] ; " To the Readers," pages iv-12; " The Address of several Persons of the Presbyterian Persuasion," pages 13-58 ; " A Letter from the Rev. Mr. Whitefield," pages 59-71; " Six Letters to the Reverend Mr. G. Whitefield," pages 72-151; "A Short Trip to Rome," pages 152-160. C. E. N. VOORBIDDING een ieder Christen's Plicht, vertoont in een PREDICATIE door GEORGE WHITEFIELD, A.B. &c. Gedrukt en te koop by J. Peter Zenger, en Jacobus Goelet. Not seen. Advertised in the NenM York Weekly Journal, No. 325, dated March 3, 1739. Een Geestelyk Lied, Bequaam on Gesongen te werden in alle Godvruchtige Vergaderingen, ofte Particuleere 't Samenkomsten. Not seen. Advertised in the Ne'riiJCork Weekly Journal, No. 366, dated De- cember 8, 1740. A/Short History/OF A/Long Journey,/IT being some Ac- count of the Life/of lOSIAH QUINBY, un-/till he came to en- ter into \}ae.j\%th Year of his Age, with Re-/marks and Reflections upon his/own past Actions./ [Printer's ornament] / NEW- TORK Printed by John Peter Z,enger 1740./ i2mo, printed in fours; 32 leaves, the last blank. Collation; Title, page [i]; blank, p. [2]; "To the Reader," pages 3-10; text, pages 11-61; blank, page 62. Signed at bottom of page 10, " Josiah Quinby," and at end, " if our Friend and Well Wisher, Josiah Quinby." L. EEN KORTE/ HANDLEIDING / VOOR EEN / ON- WEDERGEBOREN/SONDAAR, / OM TOT /CHRISTUS/ TE KOOMEN/Opgestelt door een Liefhebber der Waarheid./ [Printer's ornament.] /NIEUW-YORK, Gedrukt by J. Peter Zenger^ ly^o. i2mo, printed in fours; 12 leaves. Collation: Title, page [1] ; blank, pages [2] ; text, pages 3-23; blank, page L24]. H. S. P. 163 JOHN PETER ZENGER THE/New-York Weekly Journal. /Containing the freshest Advices, Foreign, and Domestick./ [Colophon :] New York, Printed by 'John Peter Zenger^ where Advertisements are taken in./ 53 numbers. From No. 316, dated January 1, 1739, to No. 369, dated December 29, 1740. Each number probably consists of four pages. 1741 Nederduitsche Almanacke Voor 1742. Not seen. Advertised in the Nenu York Weekly Journal, No. 415, dated November 9, 1741. It is very doubtful that this was printed by Zenger. Copy of a Letter from Capt. Peter Lawrence, to Andrew Arch- dickne, Esq; dated off Carthagena, March 20, 1741. Not seen. Advertised in the Neiv York Weekly Journal, No. 389, dated May 18, 1741. Doubtfully ascribed to Zenger' s press. A Spiritual Journey Temporaliz'd or an Alegorical Description of the Work of Grace in Man. Not seen. Advertised in the Netu Tort Weekly Journal, No. 410, dated December 14, 1741, as follows : "Just Publish' d and to be Sold by the Printer hereof, A Spiritual Journey Temporaliz' d, or an Alegorical Discription of the Work of Grace in Man. A Verse may find him who a Sermon flies. And turn delight into a Sacrifice. Herbert." THE/New-York Weekly Journal,/ Containing the freshest Advices, Foreign, and Domestick./ [Colophon :] New York, Printed by yohn Peter Zenger, where Advertisements are taken in./ 52 numbers. From No. 370, dated January 5, 1740, to No. 422, dated December 28, 1741. Each number probably consists of four pages 1742 Sermons by Alexander Garden. The only copy traced is imperfect, lacking the first leaf and one or more leaves at end. The collation of this copy is : Text (apparently of the Sermon " Take Heed How Ye Hear"), pages 3-32; title ; " Regeneration aadtie Tes- 164 BIBLIOGRAPHY iimonyofthe SPIRIT. /Being the Substance of/Two SERMONS/Lately preached in the Parish Church of St. Phi-/lip, Charles-Toivn, in SOUTH CAROLINA./ Occasioned by some erroneous Notions of certain Men luho call/themsel'ves Method- ists./ By ALEXANDER GARDEN, M. A. Rector of the/said Parish./ [Printer's ornament]. NEW-YORK./ Printed hy John Peter Zenger, 1742." page [i]; blank, page [2]; text, pages 1-72, ending imperfectly with the catch- word " God." L.C.P. This book was advertised in the Netu York Weekly Journal, No. 451, dated July 1 9, 1 742, as follows : "lobe published this Week. TAKE HEED HOW YE HEAR, A SERMON on Luke viii. 18. And, Regeneration, and the Testimony of the Spirit. Both by ALEXANDER GARDEN, M.A., Rector of 5';. Philips, Charles Toivn, S. Carolina. It was advertised also in the next number. No. 452, dated July 26, 1742, as follows : •'TAKE HEED HOW YE HEAR, A SERMON on Luke vui. 18. And Regeneration, and the Testimony of the Spirit. With a Preface, containing some Remarks on Mr. White field" s Journal. By Alexander Garden, M.A., Rector of St. Philips, Charles Tonun, S. Carolina. Printed By John Peter Zen- ger, 1742." S*S Een leersaam ondersoek der Waarheid meest in betrekkinge to de selfs Verlocheninge, voorgestelt in een 'Tsaamenspraak tus- schen Leerlievende en Waarheidlievende : Gedruckt by J: Peter Zenger, en te koop by Jacob Goelet na by de Oude Slip in New York. Not seen. Advertised in the Neiu York Weekly Journal, No. 452, dated July 26, 1742. THE/New-York Weekly Journal./Containing the freshest Advices, Foreign, and Domestick./ [Colophon :] New York, Printed by John Peter Zenger, where Advertisements are taken in./ 52 numbers. From No. 432, dated January 4, 1741, to No. 475, dated December 27, 1742. Each number consists of four pages. There are several errors in numbering. 1743 Nederduitsche Almanack voor, 1743. Not seen. Title taken from Mr. Hildeburn's notes. Advertised, also, in the Neiu York Weekly Journal, No. 470, dated November 22, 1742, as follows : " Just published and Sold by the Printer hereof. Dutch & English "» r »u.. „„ ,„., ., " ALMANACKS | ^" ^^'^ ^^^ '743-44- It seems very doubtful, however, that these were printed by Zenger 165 JOHN PETER ZENGER THE/New-York Weekly Journal./Containing the freshest Advices, Foreign, and Domestick./ [Colophon :] New York, Printed by John Peter Zenger, where Advertisements are taken in./ 5z numbers. From No. 476, dated January 3, 1742, to No. szt, dated December a6, 1743. Each number consists of four pages. 1744 THE/New-York Weekly Journal./Containing the freshest Ad- vices, Foreign, and Domestick./ [Colophon :] New York, Printed by John Peter Zenger^ where Advertisements are taken in./ Probably 53 numbers. From No. 528, dated January a, 1743, to No. 581, dated December 31, 1744. Each number probably consists of four pages. 1745 Advertisement,/ P^rfA-^ff2%, September 17, 1745. /WHEREAS sundry of the Purchasors zx] Romopock, have neglected to come to the Trustees/of the Council of Proprietors at Perth- Amhoy [etc.] . 4to, I leaf. Collation; Text, i page; blank, i page. Signed at end, «'Laur. Smyth, Clerk." N. Y. H. S. Addressed to the delinquent purchasers of Romopock lands. Appears also in No. 628 of the Nenx) York Weekly Journal dated September 30, 1745. THE/New-York Weekly Journal./Containing the freshest Ad- vices, Foreign, and Domestick. [Colophon :] New York, Printed by John Peter Zenger., where Advertisements are taken in./ Probably 52 numbers. The first issue seems to have been No. 582 for January 7, and the last No. 630 for December 30. Either there were errors made in numbering or three issues were omitted between No. 620, dated Sep- tember 30 and No. 628, dated December 26. CATHARINE ZENGER AND JOHN ZENGER, JR. 1746 A/Brief VINDICATION/OF/THE Purchassors / Against 166 BIBLIOGRAPHY the PROPRITORS,/IN/A Christian Manner./ [Printer's orna- ment] NEW-YORK./Printed, by J. Zenger^jun. 1745-6/ i2mo, printed in fours. Collation; Title, page [i]; blank, page [ii]; "The Preface. To the Reader." pages iii-vi ; " A Song of Praise to God," etc., pages vii-xi; text, pages 1-31; "Ejaculation I." [etc.] pages 33-37. Signed at bottom of page 31, "Griffin Jenkins." The catchword at page 33 is "Ejaculation V." (should bell.), and the catchwords on pages 34 and 35 are both "Ejaculation VI." That on page 34 should be III. and that on page 35 should be IV. * E. D. C. Nathan's Almanac for 1747. Not seen. Title taken from Haven' s list. THE/New-York Weekly Journal. /Containing the freshest Ad- vices, Foreign, and Domestick./ [Colophon:] NEW-YORK : Printed by the Widow Catharine Zenger, where Advertisements are taken in./ Probably 52 numbers. The first issue seems to have been No. 631, for January 6, and the last No. 680, for December 29. If no issues were omitted there must have been several errors in the numbering. Each number probably consists of four pages. 1747 An ANSWER to the Council of Proprietor's two/Publications; Sett forth at Perth-Amboy the 25th/of March 1746, and the 25th of March 1747. As/also some Observations on Mr. Nevil's Speech to the/ House of Assembly, in Relation to a Petition presented/to the House of Assembly, met at Trentown in the/Province of New- Jersey, in May, 1746./ [Colophon:] NEW-YORK :/Printed and Sold by the Widow Catherine Zenger, at the/Printing-Office in Stone-Street, 1747,/ Folio, 7 leaves. Collation: No separate title-page. Text, pages 1-13; page [14] blank. Nathan's Almanac for 1748. Not seen. Title taken from Haven's list. THE/New-York Weekly Journal./Containing the freshest Ad- vices, Foreign, and Domestick./ [Colophon:] NEW-YORK : Printed by the Widow Cathrine 167 JOHN PETER ZENGER Zenger at the Printing-Office in Stone-Street,/where Advertisements are taken in, and all Persons may be supplied with this Paper./ Probably 5a numbers. The first issue seems to have been No. 68t, for January 5, and the last No. 73zfor December a8. Each number probably con- sists of four pages. 1748 AN/Almanack,/FOR/The Year of Christian Account,/ 1 749,/ Being the first after LEAP-YEAR/ ^/^i/jmw is Contatned,/The Luna- tions, Eclipses, and Judgment of the/ Weather, Planets Motions, and Mutual Aspects and/Time of Sun and Moon's rising and set- ting, the rising/southing and setting of the Seven Stars, and several/ other remarkable Stars, length of Days, a Tide-Table/Fairs, Courts, Observable Days, &c./ Fitted to the Vertex of the City of Perth jimboyl'va New-'Jersey^ but may without sensible Error serve/serve the adjacent Provinces from Newfoundland j to South Carolina. /By JOHN NATHAN, Philomath/NEW-YORK/Printed and Sold by the Widow Catharine Zenger^ at the /Printing Office in Stone Street./ Small 8vo. Collation: Title and text, pages 1-24. E. D. C. THE/New-York Weekly Journal. /Containing the freshest Ad- vices, Foreign, and Domestick./ [Colophon:] NEW-YORK: Printed by the Widow Catharine Zenger at the Printing-Office in Stone-Street,/where Advertise- ments are taken in, and all Persons may be supplied with this Paper,/ Probably 51 numbers. The first issue seems to have been No. 733, for January 4, and the last No. 784, for December 26. Each number probably consists of four pages. 1749 Wilhelm Christopher Berkenmyers / Geheime unt ofFentliche ANSPRACHE/ samt einer SCHLUS-REDE, / AN / KEREN / Johann Christopher Hartwici,/MIT ETLICHEN/Zur ERLAU- TERUNG, und zur ENTDECKUNG/des Criptoherrn Huthian- isme, dienenden Anmer-/kungen nach der Vorschrift unsrer Nieu- Yorksen K.O.p. ii./ Cap. 11. art- 6./Zum DRUCK klaar gemacht,/ Da von die Schlus-Rede vorlaufen aus gegeben/ist das in theerbosh, gegebene offentliche/ Ergernis, am Tage des HERREN, d. 5./ 168 BIBLIOGRAPHY Februarii, 1748-9. Christ-vernunftig beurthei-/len zu konnen./ [Printer's ornament.] /Gedruckt zu Neiu-Tork, by Johann Zenger, M DCCXLIX./ 4to, printed in twos; 58 leaves. Collation: Title, i page; blank, i page; text, pages 1-114, with the fol- lowing errors in pagination: 69 is 65, 70 is 66, 91 is 29. At end is this notice: "Van Pagina 27 Litra H. is gedruckt by my/Henry De Foreest." H.U. THE/New-York Weekly Journal/Containing the freshest Advices, Foreign, and Domestick./ [Colophon :] NEW-YORK, Printed by JOHN ZENGER, in Stone Street near Fort George : /where ADVERTISEMENTS are taken in at a moderate Rate./ Probably 52 numbers. The first issue was No. 785, dated January 2, 174.9, ^°<1 the last was probably No. 836 for December 26. Each number pro- bably consists of four pages, except No. 786, dated January 9, and No. 798, dated April 3, which consist of six pages. THE/New-York Weekly Journal. /Containing the freshest Advices, Foreign and Domestick./ [Colophon:] NEW-YORK, Printed by JOHN ZENGER,> Stone Street near Fort George :/where ADVERTISEMENTS are taken in at a moderate Rate./ Probably 52 numbers. The first issue was No. 837, dated January 2, and the last was probably No. 1006, for December 31. The issues seem to have been correctly numbered up to 888, dated October 29. The issues for November 5, 12 and 19 have not been traced ; that for November 26 is No. 1 00 1. This error is continued. 1751 ^THE (Royal) WEEKLY/ New- York (Arms) Journal/ Containing the freshest Advices, Foreign and Domestick./ [Colophon:] NEW-YORK: Printed and Sold by John Zenger, at the PRINITNG-OFFICE,/in Stone-Street, near Fort GEORGE, where Persons may be supp'lyd with this/Paper at los. a YEAR. And where Advertisements are taken in./ The last year of the Journal. Just how many issues were printed cannot now be traced. The first issue seems to have been No. 1007 for January 7, 1750. The latest issue now known is No. 1017 (misprinted 0117), dated March 18, 1750. Hildebumsays that John Zenger the younger died '«some time before July, 1751, when his presses and type were sold by auction." 169 LITERAL REPRINT OF THE FIRST EDITION OF THE CASE AND TRIAL A brief Narrative of the Cafe and Try- al o^yohn Peter Zenger^ Printer of the N em-Tor k weekly yournal. 4 * * * * * * * * * * * * * * [- AS There was but one Printer in the Province of New-York, that printed a publick News Paper, I was in Hopes, if I undertook to publifh another, I might make it worth my while ; and I foon found my Hopes were not ground- lefs: My firft Paper was printed, iV^si;. c^th, 1733. and I continued printing and publifhing of them, I thought to the Satisfaction of every Body, till the January follow/ng : when the Chief Juftice was pleafed to animadvert upon the Doftrine of Libels, in a long Charge given in that Term to the Grand Jury, and afterwards on the third Tuefday of OStober, 1734. was again pleafed to charge the Grand Jury in the following Words. * Gentlemen; I Ihall conclude with reading a Paragraph ' or two out of the fame Book, concerning Libels ; they are ' arrived to that Height, that they call loudly for your ' Animadverfion ; it is high Time to put a Stop to them ; for ' at the rate Things are now carried on, when all Order and ' Government is endeavoured to be trampled on ; Reflections ' are caft upon Perfons of all Degrees, mufl; not thefe ' Things end in Sedition, if not timely prevented ? Lenity, * you have feen will not avail, it becomes you then to en- * quire after the Offenders, that we may in a due Courfe of ' Law be enabled to punifli them. If you. Gentlemen, do ' not interpofe, confider whether the ill Confequences that 173 JOHN PETER ZENGER may arife from any Difturbances of the publick Peace, may not in part, lye at your Door ? ' Hawkins, in his Chapter of Libels, confiders three Points, I J/. What Jhallbejaidto be a Libel, idly. Who are lyable to bepunijhedforit. ^'^ly. In what Manner they are to be punijhed. Under the \st. he says, §. 7. Nor can there be any Doubt, but that a Writing which defames a private Per/on only, is as much a Libel as that which defames Per- fons intrufted in a publick Capacity, in as much as it manifejlly tends to create ill Blood, and to caufe a Dijlurbance of the publick Peace ; however it is certain, that it is a very high Aggravation of a Libel, that it tends to fcandalize the Gov- ernment, by refleSling on thofe who are entrujled with the Adminijiration of publick Affairs, which does not only en- danger the publick Peace, as all other Libels do, by Jlirring up the Parties, immediately concerned in it, to A5ls of Re- venge, but alfo has a direct "Tendency to breed in the People a Dijlike of their Governours, and incline them to FaSiion and Sedition, As to the 2d. Point he fays. § 10 // is cer- tain, not only he who compofes or procures another to compofe it but alfo that he who publijhes, or procures another to pub- lifh it, are in Danger of being punijhed for it ; and it isfaid not to be material whether he who difperfes a Libel, knew any Thing of the Contents or EffeSfs of it or not ; for nothing could be more eafy than to publifh the moft virulent Papers with the greatejl Security, if the concealing the Purport of them from an illiterate Publijher, would make him fafe in the dtfperfing them : Alfo, it has been f aid, that if he who hath either read a Libel himfelf or hath heard it read by an- other, do afterwards malicioujly read or report any Part of it in the Prefence of others, or lend or Jhew it to another, he is guilty of an unlawful Publication of it. Alfo it hath been holden, that the Copying of a Libel fhallbe a conclufive Evidence of the Publication of it, unlefs the Party can prove, that he delivered it to a Magijlrate to examine it, in which Cafe the ASl fubfequent isfaid to explain the Intention pre- cedent. But itfeems to be the better Opinion, that he who 174 THE CASE AND TRIAL ^ firft writes a Libel, dilated by another, is thereby guilty of ' Making of it, and conjequently punijhable for the bare Writ- ' ing ;for it was no Libel till it was reduced to Writing. ' Thefe, Gentlemen, are fome of the Offences which are to ' make Part of your Enquiries ; and if any other fhould arife ' in the Courfe of your Proceedings, in which you are at * a Lofs, or conceive any Doubts, upon your Application ' here. We will affift and diredt you. The Grand Jury not indiding me as was expeded, the Gentlemen of the Council proceeded to take my Journals into Confideration, and fent the following Meffage to the general Affembly. * Die Jovis, 3 ho. P. M. I'jth o/"0<5lober, 1734. * A Meffage from the Council by Philip Cortlandt, m ' thefe Words, to wit, ' That Board having had feveral of Zengers New-Tork ' weekly Journals, laid before them, and other fcurrilous ' Papers, tending to alienate the Affeftions of the People of ' this Province from His Majefty's Government, to raife ' Seditions and Tumults among the People of this Province, * and to fill their Minds with a Contempt of His Majefty's * Government : And confidering the pernicious Confe- ' quences that may attend fuch growing Evils, if not fpeedi- ' ly and effedually put a Stop to. And conceiving that the ' moft likely Method to put a Stop to fuch bold and feditious ' Pradices, to maintain the Dignity of his Majefty's Govern- ' ment, and to preferve the Peace thereof, would be by a ' Conferrence between a Committee of this Board, and a * Committee of the Affembly ; it is therefore ordered. That ' the Gentlemen of this Board, NOW ASSEMBLED, or ' any feven of them, be a Committee, to join a Committee , ' of the Houfe of Reprefentatives, in order to confer to- [ ' gether, and to examine and enquire into the faid Papers, i ' and the Authors and Writers thereof ' Which Meffage being read. 175 JOHN PETER ZENGER ' Ordered, That the Members of this Houfe, or any ' fourteen of them, do meet a Committee of the Council, at ' the Time and Place therein mentioned. ' Die Veneris, ^ ho. i8 October, 1734. * Mr. Garret/on from the Committee of this Houfe re- * ported, That they laft Night met the Committee of the ' Council, on the subjeft Matter of their Meflage of yefter- ' day to this Houfe; and that after feveral Preliminaries be- ' tween the faid Committees, the Gentlemen of the Council ' reduced to Writing, what they requefted of this Houfe, ' and delivered the fame to the Chairman, who delivered it * in at the Table, and being read, is in the Words following. At a Committee of the Council held the 17M of QStoher, 1734- PRESENT. Mr. Clarke. Mr. Livingjion. Mr. Courtland. Mr. Harijon. Mr. Kennedy. Mr. Lane. Dr. Colden. Mr. Chief Juftice. Mr. Horjmanden. ' Gentlemen ; ' The Matters we requeft your Concurrence in, are, ' That Zengers Papers, No. 7. 47. 48. 49. which were read, ' and which we now deliver, be burnt by the Hands of the ' common Hangman, as containing in them many Things ' derogatory of the Dignity of His Majefty's Government, ' reflefting upon the Legiflature, upon the moft confiderable ' Perfons, in the moft Diftinguiftied Stations in the Province, ' and tending to raife Seditions and Tumults among the ' People thereof. ' That you concur with us in the Addreffing the Gover- ' nour, to iffue His Proclamation, with a Promife of Reward ' for the Difcovery of the Authors or Writers of thefe Sedi- ' tious Libels. ' That you concur with us in an Order for Profecuting * the Printer thereof. 176 THE CASE AND TRIAL • That you concur with us in an Order to the Magif- ' trates, to exert themfelves in the Execution of their Of- ' fices, in order to preferve the publick Peace of the Pro- ' vince. ' By Order of the Committee. Fred. Morris, CI. Con. * Mr. Garret/on delivered likewife to the Houfe the fev- • eral Papers referred to in the faid Requeft. ' Ordered, That the faid Papers be lodg'd with the Clerk ' of this Houfe, and that the Confideration thereof, and the " faid Requeft, be referred till Tuejday next. * DieMartis, 9 ho. A. M, 22 October, 1734. ' The Houfe according to Order proceeded to take into ' Confideration the Requeft of a Committee of Council, de- * livered to a Committee of this Houfe, on the xdth inftant, ' as likewife of the feveral Papers therein referred to. And ' after feveral Debates upon the fubjed Matters, it was OR- ♦ DERED THAT THE SAID PAPERS AND RE- ' QUEST LYE ON THE TABLE.' The Council finding the General Aflembly would not do any Thing about it, they fent the following Meflage to the Houfe. * Die Sabbati, 9 ho. A. M. 2 November, 1734. ' A Meflage from the Council by Mr. Livingjlon, de- ' firing this Houfe to return by him to that Board, the ' feveral fedi/ious journals of Zengers No. 7. 47. 48. 49. ' which were delivered by a Committee of that Board to a ' Committee of this Houfe, the I'jth of OSlober laft, together ' with the Propofals of the Committee of that Board, de- ' livered therewith to a Committee of this Houfe ; and then ' withdrew. On Tuejday the c,th oi November, 1734. the garter SeJ- fions for the City of New-Tork began, when the SheriiF de- livered to the Court AN ORDER, which was read in thefe Words. 177 JOHN PETER ZENGER * At a Council held at Fort George, in New-York, the id ' oi November, 1734. PRESENT, His Excellency William Cojby, Capt. General and Gov- ernour in Chief, ^c. Mr. Clark. Mr. Livingfion. Mr. Cortland. Mr, Harifon. Mr. Kennedy. Mr. Z««^. * Dr. Colden. Mr. Chief Juftice. Mr. Horjmanden. ' Whereas by an Order of this Board, of this Day, fame of ' John Peter Zenger's Journals, entitled. The New- York ' weekly Journal, containing the frefheft Advices, foreign and ' domeftick, No. 7. 47. 48. 49. W(?rf ordered to be burnt by ' the Hands of the common Hangman, or Whipper, near thePil- ' lory in this City, on Wednefday the 6th Inftant, between the ' Hours of Eleven and 1'welve in the Forenoon, as containing in ' them many Things tending to Sedition and Failion, to bring ' His Majejlys Government into Contempt, and to difiurb the ' Peace thereof, and containing in them likewife, not only Re- ' flections upon His Excellency the Governour in particular, the ' Legiflature in general, but alfo upon the moft conjiderable Per- 'fons in the moft diftinguifhed Stations in this Province. It is ' therefore ordered. That the Mayor, and Magiftrates of this ' City, do attend at the Burning of the fever al Papers or Jour- ' nals aforefaid. Numbered as above mentioned. Fred. Morris, D. CI. Con. * To Robert hurting, Efq; Mayor of the City of New- ' Tork, and the Reft of the Magiftrates for the faid * City and County. Upon reading of which ORDER, the Court forbad the Entring thereof in their Books at that Time, and many of them declared, that if it fhould be entred, they would have their Proteft entered againft it. * N.B. Dodtor Colden was that day, at Efopus, 90 Miles from New- York, tho' mentioned as prefent in Council. 178 THE CASE AND TRIAL On Wednefday the 6M of November, the SherrifFof New- Tork moved the Court of garter Seffions, to comply with the faid Order, upon which one of the Aldermen offered a proteft, which was read by the Clerk, and approved of by all the Aldermen, either exprefsly or by not objeding to it, and is as followeth. ' Whereas an ORDER has been ferved on this Court, in thefe Words. \_1'he Order as above incerted."] ' And whereas this Court conceives, they are only to be ' commanded by the King's Mandatory Writs, authorized by ' Law, to which they conceive they have the Right of fhew- * ing Caufe why they don't obey them, if they believe them ' improper to be obey'd, or by ORDERS, which have * fome known Laws to authorize them ; and whereas this ' Court conceives THIS ORDER to be no Mandatory ' Writt warranted by Law, nor knows of no Law that author- ' izes the making the Order aforefaid ; fo they think them- ' felves under no Obligation to obey it : Which Obedience, ' they think, would be in them, an opening a Door for ar- ' bitrary Commands, which, when once opened, they know ' not what Dangerous Confequences may attend it. Wherefore * this Court conceives it felf bound in Duty (for the Prefer- ' vation of the Rights of this Corporation, and as much as ' they can, the Liberty of the Prefs and the People of the ' Province, fince an Aflembly of the Province, and feveral ' Grand Juries, have refufed to meddle with the Papers, ' when applied to by the Council) to proteft againft the * ORDER aforefaid, and to forbid all the Members of this ' Corporation, to pay any Obedience to it^, until it be fliewn to ' this Court, that the fame is Authorized by fome known ' Law, which they neither know nor believe that it is.' Upon reading of which, it was required of the Honour- able Francis Harifon, Recorder of this Corporation, and one of the Members of the Council, (prefent at making faid Order) to fliew by what Law or Authority the faid ORDER 179 JOHN PETER ZENGER was made ; upon which he fpoke in Support of it, and cited the Cafe of Dodor SachevereVs Sermon, which was by the Houfe of Lords ordered to be burnt by the Hands of the Hangman, and that the Mayor and Aldermen of London fliould attend the doing of it, to which one of the Alder- men anfwered to this Purpofe ; that he conceived the Cafe was no ways parallel, becaufe Doftor Sacheverel, and his Sermon, were impeached by the Houfe of Commons oi Eng- land, which is the Grand Jury of the Nation, and Reprefen- tative of the whole People of England: That this their Impeachment they profecuted before the Houfe of Lords, the greateft Court of Juftice of Britain, and which beyond Memory of Man, has had Cognizance of Things of that Nature, that there Sacheverel had a fair Hearing in Defence of himfelf and of his Sermon. And after that fair Hearing, he and his Sermon were juftly, fairly and legally condemened ; that he had read the Cafe of Dr. Sacheverel, & thought he could charge his Memory, that the Judgment of the Houfe of Lords in that Cafe was. That the Mayor and Sheriffs oi London and Middle/ex, only fhould attend the Burning of the Sermon, and not the Aldermen ; and farther he remembred, that the Order upon that Judgment, was only diredied to the Sheriffs of London, and not even to the Mayor, who did not attend the doing it ; and farther faid, that would Mr. Recorder fliew, that the Governour and Coun- cil had fuch Authority as the Houfe of Lords, and that the Papers ordered to be burnt were in like manner legally prof- ecuted and condemned, there the Cafe of Doftor Sacheverel might be to the Purpofe; but without fhewing that, it rather proved that a Cenfure ought not to be pronounced, till a fair Tryal by a Competent and legal Authority were firft had. Mr. Recorder was defired to produce the Books from whence he cited his Authorities, that the Court might judge of them themfelves, and was told, that if he could produce fufficient Authorities to warrant this ORDER, they would readily obey it, but otherwife not. Upon which he faid, he did not carry his Books about with him. To which it was anfwered, i8o THE CASE AND TRIAL he might fend for them, or order a Conftable to fetch them. Upon which he arofe, and at the lower End of the Table he mentioned. That Bifliop Burnefs Paftoral Letter, was ordered by the Houfe of Lords, to be burnt by the High Bailiff of Weftminfter ; upon which he abruptly went away, without waiting for an Anfwer or promifing to bring his Books, and did not return fitting the Court. After Mr. Recorder's Departure, it was moved that the Proteji ihould be entered ; to which it was anfwered, That the Proteji could not be entered without entering alfo the ORDER, and it was not fit to take any notice of IT, and therefore it was propofed that no Notice fhould be taken in their Books of either, which was unanimoufly agreed to by the Court. The SherrifF then moved, that the Court would dired: their Whipper to perform the faid ORDER; to which it was anfwered. That as he was the Officer of the Corporation, they would give no fuch Order. Soon after which the Court adjourned, and did not attend the Burning of the Papers. Afterwards about Noon, the Sheriff after reading the Num- bers of the feveral Papers which were ordered to be burnt, delivered them unto the Hands of his own Negroe, and ordered him to put them into the Fire which he did, at which Mr. Recorder, Jeremiah Dunbar, Efq; and feveral of the Officers of the Garrifon attended. On the Lord's Day the \']th of November, 1734. I was taken and imprifoned by Virtue of a Warrant in thefe Words. ' At a Council held at Fort George in New-York, the id Day oi November, 1734. PRESENT- His Excellency William Co/by, Captain General and Governour in Chief, i^c. Mr. Clarke. Mr. Kennedy. Mr. Lane. Mr. Harijon. Chief Juftice. Mx. Horjmanden. Mr. Livingfton. Mr. Cortlandt. 181 JOHN PETER ZENGER ' It is ordered that the Sheriff for the City of New- ' Tork, do forthwith take and apprehend John Peter Zenger, ' for printing and publifhing feveral Seditious Libels, dif- ' perfed throughout his Journals or News Papers, entituled ' 'The New-Tork Weekly Journal, containing the frejheji Ad- ' vices, foreign and domejiick; as having in them many Things, ' tending to raife Factions and Tumults, among the People ' of this Province, inflaming their Minds with Contempt of ' His Majefl;y'sGovernment,and greatly difturbing the Peace ' thereof, and upon his taking the faid John Peter Zenger, to ' commit him to the Prifon or common Goal of the faid City and ' County. Fred. Morris, D. CI. Con. And being by Virtue of that Warrant fo imprifoned in the Goal, I was for feveral Days denied the ufe of Pen, Ink and paper, and the Liberty of Speech with any Perfons. - - - Upon my Commitment, fome Friends foon got a Habeas Corpus, to bring me before the Chief Jufl;ice, in order to my Difcharge, or being bailed; on the Return whereof, on Wednefday the loth of November, my Council delivered Ex- ceptions to the Return, and the Chief Jufliice ordered them to be argued publickly at the City-Hall, on the Saturday fol- lowing. On Saturday the 23^ of November, the faid Exceptions came to be argued, by James Alexander and William Smith, of Council for me, and by Mr. Attorney General and Mr. Warrrel, of Council againft me, in Prefence of fome Hundreds of the Inhabitants; where my Council (faving the Benefit of Exception to the illegality of the Warrant) infilled that I might be admitted to reafonable Bail. And to ftiew that it was my Right to be fo, they offered Magna Charta, The Petition of Right, 3 Car. The Habeas Corpus AEl of ;^i Car. 2. which direfts the Sum in which Bail is to be taken, to be, ' according to the S^uality of the Prijoner, and Nature ' of the Offence.' Also id Hawkins, Cap. 15 §. 5. in thefe Words, ' But Jufiice muji take Care, that under Pretence of 182 THE CASE AND TRIAL ' demanding Jufficient Security, they do not make Jo excejfive a * Demand, as in EffeSl amounts to a Denyal of Bail; for this is ' lookt on as a great Grievance, and is complained of asfuch, ' ^jp I W. y M. Sefs. 2d. by which it is declared. That excef- ' five Bail ought not to be required.' It was alfo fhewn that the feven Bifhops, who in King James the lid's Time, were charged with the like Crime that I ftood charged with, were admitted to Bail on their own Recognizances, the Arch- Bifhop in 200/. & each of the other fix in a 100/. apiece only. Sundry other Authorities and Arguments were produced and infilled on by my Council, to prove my Right to be ad- mitted to moderate Bail, and to fuch Bail as was in my Power to give; and fundry Parts of Hiftory they produced, to fhew how much the requiring exceflive Bail had been refented by Parliament. And in order to Enable the Court to judge what Surety was in my Power to Give, I made Af- fidavit, 'That (my Debts paid) I was not worth Forty Pounds, {the Tools of my Trade and wearing Apparel excepted^ Some warm Expreffions (to fay no worfe of them) were dropt on this Occafion fufficiently known and refented by the Auditory, which for my Part I defire may be buried in Oblivion : Upon the whole it was Ordered that I might be admitted to Bail, my self in 400.I. with two Sureties, each in 200I. and that I Jhould be remanded till I Gave it. And as this was Ten Times more, than was in my Power to counter-fecure any Perfon in giving Bail for me, I conceived I could not aflc any to become my Bail on thefe Terms ; and therefore I returned to Goal, where I lay until Tuefday the 28th of January, 1734,5, being the laft Day of that Term ; and the Grand Jury having found nothing againft me, I Expected to have been difcharged from my Imprifon- ment : But my Hopes proved vain ; for the Attorney Gen- eral then charged me by Information, for Printing and pub- liftiing Parts, of my Journals No. 13. and 23. as hdng falje, fcandalous, malicious andjeditious. To this Information my Council appeared, and offered Exceptions, leaving a Blank for inferting the Judges Com- 183 JOHN PETER ZENGER miffions, which the Court were of opinion not to receive till thofe Blanks were filled up. In the fucceeding Vacation the Judges gave Copies of their Commiffions ; and on 'Tuef- day the 1 5/A of April laft, the firft Day of the fucceeding Term, my Council offered thefe Exceptions ; which were as follows. The Attorney General, \q^ Information for a Mifde- „ , _ „ I meanour. John Peter Zenger. J * Exceptions humbly offered by John Peter Zenger, to the ' Honourable James De Lancey, Esq ; to judge in this ' Caufe. ' The Defendant comes and prays Hearing of the Com- ' miffion, by Virtue of which the Honourable James De ' Lancey, Efq ; claims the Power and Authority to judge in ' this Caufe, and it is read to him in thefe Words ; ' GEORGE thejecond, by the Grace of God, 0/" Great Brit- ' ain, France and Ireland, King, 'Defender of the Faith, &c. ' 'To Our trujiy and well beloved James De Lancey, Efq ; We ' repojing fpecial Trujl and Confidence in your Integrity, Abil- ' ity and Learning; have affigned, conjlituted and appointed, and ' We do by thefe Prefents affign conjlitute and appoint you the ^ faid James De Lancey, to be Chief Justice in and over Our ' Province of New- York, in America, in the Room of Lewis ' Morris, Efq ; Giving and by thefe Prefents granting unto you, 'full Power and lawful Authority, to hear try and determine ' all Pleas whatfoever, civil, criminal and mixt, according to the ' Laws, Statutes and Cufi:oms of Our Kingdom of England, and ' the Laws and Ufages, of Our faid Province of New- York, ' not being repugnant thereto, and Executions of all Judgments ' of the faid Court to award, and to make fuch Rules and Or- ' ders in the faid Court, as may be found convenient and ufeful, ' and as near as may be, agreeable to the Rules and Orders of ' Our Courts of King's Bench, Common Pleas and Exchequer in ' England. To have hold and enjoy the faid Office or Place 184 THE CASE AND TRIAL ■ of Chief Jufiice, in and over Our /aid Province, with all and ■fmgular the Rights, Privileges, Profits and Advantages,Sallar- ■ ies. Fees and Perquifites unto the /aid Place belonging, or in ■ any Ways appertaining, in as full and ample Manner as any ' Per/on heretofore Chief Jufiice of Our said Province hath ■ held and enjoyed, or of Right ought to have held and enjoyed ' the fame, fo you the faid James De Lancey, Efq\ for and ' DURING OUR WILL AND PLEASURE. In Tef- ' timony whereof we have caufed theje Our Letters to be made ' Patent, and the great Seal of Our Province of New- York to ' be hereunto affixed. Witnejs Our trufty and well beloved ' WILLIAM COSBY, Efq; Our Captain General and Gov- ' ernour in Chief of Our Provinces of New- York, New-Jersey ' and the 'territories thereon depending in America, Vice-Ad- ' miral of the fame, and Colonel in Our Army, at Fort George, ' in New- York, the Twenty-firjl day of Auguft, in thefeventh ' Tear of Our Reign, Annoq; Domini, 1733. * Which being read and heard, the faid John Peter Zenger, ' by Proteftation not confeffing nor fubmitting to the Power ' of any other Perfon to Judge in this Caufe, doth except to ' the Power of the Honourable James De Lancey, Efq; ' aforefaid to judge In this Caufe, by Virtue of the Commif- ' fion aforefaid, for thefe Reafons, viz, ' 1st. For that the Authority of a Judge of the King's ' Bench, in that Part of Great Britain called England, by ' which the Cognizance of this Caufe is claimed, is by the ' faid Commiflion granted to the Honourable James De ' Lancey, Efq; aforefaid, only during Pleafure; whereas that ' Authority (by a Statute in that Cafe made and provided,) ' ought to be granted during good Behaviour. * 2d. For that by the faid CommifTion, the Jurifdidion ' and Authority of a Juftice of the Court of Common Pleas ' at WeJiminJier in that Part of Great-Britain, called Eng- ' land, is granted to the faid James De Lancey, Efq; which ' Jurifdidtion and Authority, cannot be granted to, and ex- ' ercifed by, any one of the Juftices of the King's Bench. * 2d. For that the Form of the faid CommifTion, is not 185 JOHN PETER ZENGER ' founded on nor warranted by the Common Law, nor any ' ftatute of England, nor of Great-Britain, nor any Adt of * Aflembly of this Colony. " ^th. For that it appears by the Commiffion aforefaid, * that the fame is granted under the Seal of this Colony, by ' His Excellency William Co/by, Efq; Governour thereof; and * it appears not, that the fame was granted, neither was the ' fame granted, by and with the Advice and Confent of His ' Majefty's Council of this Colony ; without which Advice ' and Confent, His Excellency could not grant the fame. ' Wherefore, and for many other Defefts in the faid * Commiffion, this Defendant humbly hopes, that the Hon- ' ourable James De Lancey Efq; will not take Cognizance of ' this Cause, by Virtue of the Commiffion aforefaid. Was fipned i J'^"'" Alexander. was ligned,^ miliam Smith. The Exceptions to the Commiffion of the Honourable Frederick Phtlipje, Efq; were the fame with the foregoing, including therein his Commiffion, which is in thefe Words. ' GEORGE the Jecond, by the Grace of God, of Great ' Britain, France and Ireland, King Defender of the Faith, ' &c. 'To Our trufly and well beloved Frederick Philipfe, Esq; ' Greeting : Whereas it is Our Care, that Juftice be duely ad- ' minijlered to Our Subjects within Our Province of New- ' York, and Territories thereon depending in America ; and ' We repojing especial Confidence, in your Integrity, Ability and ' Learning, have ajjigned, conftituted and appointed, and We ' do by thefe Prefents ajjign, conjiitute and appoint you the faid * Frederick Philipfe, to be fecond Juftice, of Our Supream * Court of Judicature of Our Province of New- York, in the ' Room o/" James De Lancey, Efq; Giving and granting unto 'you the faid Frederick Philipfe, full Power and Authority, * with Our otherjuftices of Our faid Supream Court, to hear, try ' and determine, all Pleas whatsoever, civil, criminal and mixt, 'according to the Laws, Statutes and Cuftoms of Our Kingdom ' of England, and the Laws and Ufages of Our faid Province i86 THE CASE AND TRIAL o/New-York, not being repugnant thereto, and Executions of all Judgments of the Jaid Court to award, and to a£i and do all Things, which any of Our Juftices of either Bench, or ■ Baron of the Exchequer, in Our faid Kingdom of Eng- ' land, may or ought to do ; and alfo to ajjijl, in the making fuch • Rules and Orders in Our faid Court, asjhall be for the Good ' and Benefit of Our faid Province ; and as near as conveniently ^ may be, to the Rules and Orders of Our faid Courts in Our ^ faid Kingdom of England : To have, hold and enjoy, the faid ' Office or Place of fecond Jufiice of our faid Province of ' New- York, together with all and fmgular the Rights, Priv- ' ileges. Salaries, Fees, Perquifites, Profits and Advantages ' thereto, now or at any Time heretofore belonging, or in any ' wife of Right appertaining ; unto you the faid Frederick Phil- ' ipfe, for and during Our Pleafure. In Teflimony whereof, ' tFe have caufed thefe our Letters to be made Patent, and ' the Great Seal of Our faid Province (j/" New- York to be here- ' unto affixed. Witnefs Our trufty and well beloved WIL- ' LIAM COSBY, Efq; Our Captain General and Governour ' in Chief, of Our Provinces of New- York, New-Jersey, and ' Territories thereon depending in America, Vice Admiral of ' the fame, and Colonel in Our Army, i£c, at Fort George in ' New-York, the Twenty-firfi Day o/" Auguft, in the Seventh ' Year of Our Reign, Annoq; Domini, 1733. Fred, Morris, D. Secry. Tuefday, the 15M of April, 1735. Mr. Alexander offered the above Exceptions to the Court, and prayed that they might be filed. Upon this the Chief Juftice faid to Mr. Alexander and Mr. Smith, That they ought well to confider the Confequences of what they offered; to which both anfwered. That they had well confidered what they offered, and all the Confequences. And Mr. Smith added, that he was fo well fatisfied of the Right of the Sub- je£i to take an Exception to the Commiffion of a Judge, if he thought fuch Commiffion illegal, that he durft venture his Life upon that Point. As to the Validity of the Excep- 187 JOHN PETER ZENGER tions then offered, he faid he took that to be dLjecond Point ; but was ready to argue them both, if their Honours were pleafed to hear him. To which the Chief Juftice replied. That he would confider the Exceptions in the Morning ; and ordered the Clerk to bring them to him. Wednejday the i6M April, ^735- The Chief Juftice delivered one of the Exceptions to the Clerk, and Juftice Philipfe the other, upon which Mr. Smith arofe and afked the Judges, whether their Honours would hear him upon thefe two points.* ist. 1'hat the Sub- jeSlhas a Right to takejuch Exceptions, if they judged the Com- mijjions illegal, idly. 'That the Exceptions tendred were legal and valid. To which the Chief Juftice faid, that they would neither hear nor allow the Exceptions; for (faid he) you thought to have gained a great Deal of Applaufe and Popu- larity by oppojing this Court, as you did the Court of Exchequer; but you have brought it to that Point, That either. We muft go from the Bench, or you from the Barr : Therefore We exclude you and Mr . Alexander /row? the Barr ; and delivered a Paper to the Clerk, and ordered it be entered, which the Clerk entered accordingly, and returned the Paper to the Chief Juftice ; after which the Chief Juftice ordered the Clerk to read publickly what he had written ; an attefted Copy whereof follows. At a Supream Court of Judicature held for the Province of New-York, at the City Hall of the City oi New- York, on Wednefday, the \(ith Day of April, 1735. PRESENT, The Honourable James De Lancey, Efq; Chief Juftice. The Honourable Frederick Philipfe, Efq; Second Juftice. * This firft point is largely treated on, in the Arguments of Van Dam's Council, infupport of their Plea to the Jurifdiction oj the Supream Court, printed here abo've a Tear before that, from Pag. 14 to 35, to nuhich no Anfnuer has as yet appeared ; 'which Argument, contains alfo fome Part of the Arguments necef- fary to fupport the id. Point. 188 THE CASE AND TRIAL I James Alexander, EJq, and William Smith, Attornies of this Court, having prejumed (notwithftanding they were forewarned by the Court of their DISPLEASURE if they ftiould do it) to fign, and having aSiually ftgned, and put into Court, Exceptions, in the Name of ]ohn Peter Zen- ger ; thereby denying the Legality of the Judges their Com- mijjions ; tho' in the ujual Form, and the being of this Su- pream Court. // is therefore ordered, that for the faid Contempt, the Jaid James Alexander, and William Smith, be excluded from any farther Practice in this Court, and that their Names be Jiruck out of the Roll of Attornies of this Court. per. Cur\ James Lyne, CI. After the Order of the Court was read, Mr. Alexander iflced whether it was the Order of Mr. Juftice Philipfe as well as of the Chief Juftice ? To which both anfwered, that t was their Order; upon which Mr. Alexander added, That it was proper to alk that Queftion, "That they might know how to have their Relief. He farther obferved to the Court, upon reading of the Order, That they were mifta- cen in their Wording of it, becaufe the Exceptions were mly to their Commiffions, and not to the being of the Court, as is :herein alledged ; and prayed that the Order might be al- :ered accordingly. The Chief Juftice faid, they conceived :he Exceptions were againft the Being of the Court. Both Mr. Alexander and Mr. Smith denyed that they were, and prayed the Chief Juftice to point to the Place that con- rained fuch Exception ; and further added ; That the Court night well exift, tho' the Commiflions of all the Judges were void ; which the Chief Juftice confefled to be true : A.nd therefore they prayed again that the Order in that Point might be altered ; but it was denied. Then Mr. Alexander defired to know, whether they over 'uled or rejected the Exceptions ; the Chief Juftice faid, he lid not underftand the Difference ; to which faid Alexander •eplied, that if he rejeSted the Exceptions, then they could 189 JOHN PETER ZENGER not appear upon the Proceedings, and in that Cafe the De- fendant was entitled to have them made Part of the Pro- ceedings, by Bill of Exceptions : But if they over ruled them, then by fo doing, they only declared them not fufEcient, to hinder them from proceeding by virtue of thofe Com- miffions, and the Exceptions would remain as Records of the Court, and ought to be entered on the Record of the Caufe as Part of the Proceedings. The Chief Juftice faid, they muft remain upon the File, to warrant what we have done ; as to being Part of the Record of the Proceedings in that Caufe, he faid, you may fpeak to that Point to mor- row. Fry day, Jpril iSt/i, 1735. Mr. Alexander fignified to the Court, That on Wednejday laft their Honours had faid. That the Council for Zenger might fpeak to the Point, concerning the Rejecting or Over ruling of Zenger' s Exceptions on the Morrow : To which the Chief Juftice anfwered. That he faid, Tou may get fome Per/on to /peak to that Point on the Morrow, not meaning that the faid PAe-az.wdi&x Jhould Jfeak to it, that being contrary to the Order, Both Mr. Alexander and Mr. Smith faid, they un- derftood it otherwife. They both alfo mentioned, that it was a Doubt, whether by the Words of the Order they were debarred of their Practice as Council, as well as Attornies, whereas they prac- tifed in both Capacities ? To which the Chief Juftice an- fwered. That the Order was plain. That James Alexander, Kfq; and William Smith, were debarred and excluded from their whole PraStice at this Barr, and that the Order was in- tended to barr their aSling both as Council and as Attornies, and that it could not be conftrued otherwife. And it being afked Mr. Philipfe, Whether he underftood the Order fo ; He ansfwered, that he did. Upon this Exclufion of my Council I petitioned the Court to order Council for my Defence, who thereon ap- pointed John Chambers, Efq; who pleaded Not Guilty for me 190 THE CASE AND TRIAL to the Information. But as to the Point. Whether my Excep- tions Piould be part of the Record as was moved by my former Council, Mr. Chambers thought not proper to fpeak to it ; Mr. Chambers alfo moved, that a certain Day in the next Term, might be appointed for my Tryal, and for a Struck Jury ; whereupon my Tryal was ordered to be on Munday, the 4/^ of Augujl, and the Court would confider till the firft Day of next Term, whether I fhould have a Struck Jury or not, and ordered that the Sheriff fhould in the mean Time, at my Charge, return the Freeholders Book. At a Supream Court of Judicature held for the Prov- ince of New-Tor ky before The Honourable James De Lancey, Efq; Chief Juftice of the faid Province ; and The Honourable Frederick Philipfe, Efq; fecond Juflice of the faid Province. On Tuesday the i^th of July, 1735. The Court opened, and on Motion of Mr. Chambers /or a Struck Jury, pursuant to the Rule of the preceding 'Term, the Court were of Opinion that I was entitled to have a Struck Jury ; and that Evening at five of the Clock, fome of my Friends attended the Clerk, for flriking the Jury; when to their Surprize, the Clerk in- ftead of producing the Freeholders Book, to Strike the Jury of it in their Prefence as usual, he produced a Lift of 48 Perfons, who, he faid he had taken out of the Freehold- ers Book ; my Friends told him, that a great Number of thefe Perfons were not Freeholders, that others were Per- fons holding Commiflions and Offices at the Governour's Pleafure, that others were of the late difplaced Magiftrates of this City, who muft be fuppofed to have Refentment againft me, for what I had printed concerning them ; that others were the Governour's Baker, Taylor Shoemaker, Candlemaker, Joiner, (£c. that as to the few indifferent Men that were upon that Lift, they had Reafon to believe (as they had heard) that Mr. Attorney had a Lift of them, to ftrike them out ; and therefore requefted that he would either bring the Freeholders Book, and chuse out of it 48 191 JOHN PETER ZENGER unexceptionable Men in their Prefence, as ufual or elfe, that he would hear their Objeftions particularly to the Lift he offered, and that he would put impartial Men in the Place of thofe againft whom they could fhew juft Objections. Not- withftanding this, the Clerk refufed to ftrike the Jury out of the Freeholders Book, and refufed to hear any Objec- tions to the Perfons on his Lift ; but told my Friends, if any Objedions they had to any Perfons, they might ftrike those Perfons out; to which they anfwered, there would not remain a Jury, if they ftruck out all the exceptionable Men, and according to the Cuftom, they had only a Right to ftrike out i2. But finding no Arguments could prevail with the Clerk to hear their Objections to his Lift, nor to ftrike the Jury as ufual, Mr. Chambers told him, he muft apply to the Court, which the next Morning he did, and the Court upon his Motion Ordered, That the afijhould be ftruck out of the Free- holders Book as ufual, in the frejence of the Parties, and that the Clerk fhould hear ObjeEiions to Perfons fropofed to be of the 48, and allow offuch Exceptions as werejufl. In Purfuance of that Order, a Jury was that Evening ftruck, to the Sat- isfaction of both Parties, who my Friends and Council in- fifted on no Objedions but want of Freeholders; and tho' they did not infift, that Mr. Attorney General (who was aflifted by Mr. Blagge,) ftiould fliew any particular Caufe, againft any Perfons he difliked, but acquiefced that any per- fon he defttked ftiould be out of the 48. Before James De Lancey, Efq ; Chief Juftice of the Pro- vince oi New-Tork, and Frederick Philipfe, fecond Judge, came on my Tryal, on the fourth Day of Auguft, 1735. upon an Information for printing and publiftiing two News Papers, which were called Libels againft our Governour and his Adminiftration. The Defendant John Peter Zenger being called ap- peared. And the Sherrif returned his Venire for the Tryal of the faid Caufe. 192 THE CASE AND TRIAL Mr. Chambers, of Council for the Defendant. I humbly move Your Honours, that we may have Juftice done by the Sherrif,and that he may return the Names of the Jurors in the fame Order as they were ftruck. Chief Juftice. How is that ? Are they not fa returned ? Mr. Ch. No they are not: For fome of the Names that were laft fet down in the Pannel, are now placed firft. Ch. J. Make out that, andyoujhall be righted. Mr, Ch. I have the Copy of the Pannel in my Hand, as the Jurors were ftruck, and if the Clerk will produce the Original figned by Mr. Attorney and my felf. Your Hon- our will fee our Complaint is juft. Ch. J. Clerk, is itfo ? Look upon that Copy; is it a true Copy of the Pannel as it was ftruck ? Clerk. Yes, I believe it is. Ch. J. How came the Names of the Jurors to be mifplaced in the Pannel annexed to the Venire ? Sheriff. I have returned the Jurors in the fame Order in which the Clerk gave them to me. Ch. J. Let the Names of the Jurors be ranged in the Or- der they were ftruck, agreeable to the Copy here in Court. Which was done accordingly. And the Jury, whofe Names were as follows, were called and fworn. Harmanus Rutgers, Samuel Weaver, Benjamin Hildreth, Stanly Holmes, Andries Marfchalk, Abraham Keteltas, Edward Man, Egbert van Borfom, John Goelet, John Bell, 'Thomas Hunt, Form. Hercules fVendover. Mr. Attorney General opened the Information, which was as follows. Mr. Attorney. May it pleafe Your Honours, and you Gentlemen of the Jury ; the Information now before the Court, and to which the Defendant Zenger has pleaded Not Guilty, h an Information for printing and publiftiing afalfe, fcandalous, and feditious Libel, in which his Excellency the Governour of this Province, who is the King's immediate 193 JOHN PETER ZENGER Reprefentative here, is greatly and unjuftly fcandalized, as a Perfon that has no Regard to Law nor Juftice ; with much more, as will appear upon reading the Information. This of Libelling is what has always been difcouraged as a Thing that tends to create Differences among Men, ill Blood among the People, and oftentimes great Bloodfhed between the Party Libelling and the Party Libelled. There can be no Doubt but you Gentlemen of the Jury will have the fame ill opinion of fuch pradtices, as the judges have always fliewn upon fuch Occafions : But I fhall fay no more at this Time, untill you hear the Information, which is as fol- lows. * New-York, Supream Court. ' of the Term of January, in the Eighth Year of the ' Reign of our Sovereign Lord King GEORGE the ' fecond, ^c. * New-Tork,Js. ' T> E it remembered. That Richard Br adly, ' -C'Efq: Attorney General of Our Sove- ' reign Lord the King, for the Province oi New-York, who for * Our faid Lord the King in this Part profecutes, in his own ' proper Perfon comes here into the Court of our faid Lord ' the King, and for our faid Lord the King gives the Court ' here to underftand and be informed. That John Peter Zen- * ger, late of the City of New-York, Printer, (being a fedi- ' tious Perfon; and a frequent Printer and Publifher of falfe * News and feditious Libels, and wickedly and malicioufly ' devifing the Government of Our faid Lord the King of this ' His Majefty's Province of New-York, under the Admin- ' iftration of His Excellency William Cojby, Efq ; Captain ' General and Governour, in Chief of the faid Province, to ' traduce, fcandalize and vilify, and His Excellency the faid ' Governour, and the Minifters and Officers of Our faid ' Lord, the King of and for the faid Province to bring into ' Sufpicion and the ill Opinion of the Subjects of Our faid ' Lord the King refiding within the Province) the Twenty ' eighth Day of January, in the feventh Year of the Reign 194 THE CASE AND TRIAL ' of Our Sovereign Lord George the fecond, by the Grace of ' God of Great-Britain, France and Ireland, King Defender ' of the Faith, &c. at the City of New-Tork, didfaljly,fedi- ' tioujly and Jcandaloujly print and publifh, and caufe to be * printed and publifhed, a certain falfe, malicious, Jeditious ^Scandalous Libel, entitled The New-York Weekly Journal, ' containing the frejTieJl Advices, foreign and domejiick ; in which ' Libel (of and concerning His excellency the faid Govern- ' our, and the Minifters and Officers of Our faid Lord the ' king, of and for the faid Province) among other Things ' therein contained are thefe Words ; " Tour Appearance in " Print at laft, gives a Pleafure to many, tho' moft wifh " you had come fairly into the open Field, and not ap- " peared behind Retrenchments made of the fuppofed Laws " againft Libelling, and of what other Men have faid and " done before ; thefe Retrenchments, Gentlemen, may foon " be ftiewn to you and all Men to be weak, and to have " neither Law nor Reafon for their Foundation, fo cannot " long ftand you in ftead : Therefore, you had much better " as yet leave them, and come to what the People of this City " and Province (the City and Province of New-Tork mean- " ing) think are the Points in Queftion Qo witt) They (the " People of the Ctiy and Province of New-Tork meaning) "think as Matters nowjland, that their LIBERTIES and " PROPERTIES are precarious, and that SLAVERY is like " to be int ailed on them and their Pofterity, if Jome paft " Things be not amended, and this they coUeSl from many paft " Proceedings.' (Meaning many of the paft Proceedings of ' of His Excellency the faid Governour, and of the Minif- ' ters and Officers of our faid Lord the King, of and for the ' faid Province.) And faid the Attorney General of Our ' faid Lord the King, for Our faid Lord the King, like- ' wife gives the Court here to underftand and be informed, ' that the faid John Peter Zenger afterwards (to wit) the * eighth Day of April, in the feventh Year of the Reign of ' Our faid Lord the King, at the City of New Tork afore- ' faid, &\fafly,Jeditioufly and fcandaloufly print and publifh, 195 JOHN PETER ZENGER ' and caufe to be printed and publiflied, another falfe mali- * cious Jeditious and Jcandalous Libel, entituled, the New-Tor k ' Weekly Journal^ containing the freflieji Advices, foreign and ' domejiic. In which Libel, (of and concerning the Govern- ' ment of the faid Province of New-York, and of and con- * cerning His Excellency the faid Governour, and the Min- ' ifters and Officers of Our faid Lord the King, of and for * the faid Province) among other Things therein contained, 'are thefe Words " One of our Neighbours {one of th.Qln- " habitants of New-Jersey meaning) ieing in Company, ob- "ferving the Strangers (fome of the Inhabitants of New- " Tork meaning) full of Complaints, endeavoured to perfwade " them to remove into Jerfey ; to which it was replied, that " would be leaping out of the Frying Pan into the Fire ; for, "fays he, we both are under the fame Governour (His Ex- " cellency the faid Governour meaning) and your Affembly " have /hewn with a Witnefs what is to be expelled from them; " one that was then moving to Penfilvania, (meaning one " that was then removing from New-Tork, with intent to " refide af Penfilvania) to which Place it is reported feveral " confiderable Men are removing (from New-Tork meaning) " exprejfed in Terms very moving, much Concern for the Cir- " cumftances of New- York (the bad Circumftances of the " Province and People of New-Tork meaning) feemed to " think them very much owing to the Influence that fome Men " (whom he called Tools) had in the Adminiftration (meaning " the Adminiftration of Government of the faid Province " of New-Tork) faid he was now going from them, and was " not to be hurt by any Meafures they fliould take, but could " not help having fome Concern for the Welfare of his Coun- " try-Men, and Jhould be glad to hear that the Affembly (mean- " ing the General Affembly of the Province of New-Tork) " would exert themf elves as became them, by fhewing that they " have the Intereft of their Country more at Heart, than the " Gratification of any private View of any of their Members, " or being at all affe£led, by the Smiles or Frowns of a Gov- " ernour, (His Excellency the faid Governour meaning) 196 THE CASE AND TRIAL " hoth which ought equally to be dejpifedy when the Intereji of " their Country is at Jlake. You Jays he, complain of the Law- "yers, but I think the Law it /elf is at an End, WE (the " People of the Province of New-York meaning) SEE « MENS DEEDS DESTROYED, JUDGES ARBI- « TRARILY DISPLACED, NEW COURTS ERECT- "ED WITHOUT CONSENT OF THE LEGISLA- "TURE (within the Province oi New-York meaning) BY "WHICH IT SEEMS TO ME, TRIALS BY JU- « RIES ARE TAKEN AWAY WHEN A GOVERN- « OUR PLEASES (His Excellency the faid Governour « meaning) MEN OF KNOWN ESTATES DENYED "THEIR VOTES, CONTRARY TO THE RE- " CEIVED PRACTICE, THE BEST EXPOSITOR " OF ANY LAW : Who is then in that Province (meaning " the Province of New-York,) that call (can call meaning) " any Thing his own, or enjoy any Libery (Liberty meaning) " longer than thoje in the Adminijiration (meaning the Ad- " miniftration of Government of the faid Province o? New- " York) will condejcend to let them do it, for which Reafon I " have left it, (the Province of New-York meaning) as I be- " lieve more will.' To the great Difturbance of the Peace ' of the faid Province of New-York, to the Great Scandal ' of Our faid Lord the King, of His Exceellency the faid ' Governour, and of all others concerned in the Adminiftra- 'tion of the Government of the faid Province, and againft ' the Peace of Our Sovereign Lord the King His Crown ' and Dignity, fc?f . Whereupon the faid Attorney General * of Our faid Lord the King, for Our faid Lord the King, * prays the Advifement of the Court here, in the Premifes, ' and the due Procefs of the Law, againft him the faid John ' Peter Zenger, in this Part to be done, to anfwer to Our * faid Lord the King of and in the Premifes, i^c. ' R. Bradley, Attorney General. To this Information the Defendant has pleaded Not Guilty, and we are ready to prove it. 197 JOHN PETER ZENGER Mr. Chambers has not been pleafed to favour me with his Notes, /o I cannot, for Fear of doing him Injuftice, pre- tend tofet down his Argument ; But here Mr. Chambers fet forth very clearly the Nature of a Libel, the great Al- lowances that ought to be made for what Men /peak or write, "That in all Libels there mujl be fome particular Perjonsfo clearly pointed out, that no Doubt mufi remain about who is meant; That he was in hopes Mr. Attorney would fail in his Proof, as to this Point ; and therefore defired that he would go on to examine his Witnejfes. Then Mr. Hamilton, who at the Requefl: of fome of my Friends, was fo kind as to come from Philadelphia to aflift me on the Tryal, fpoke. Mr. Hamilton. May it pleafe your Honour ; I am con- cerned in this Caufe on the Part of Mr. Zenger the De- fendant. The Information againft my Client was fent me, a few Days before I left Home, with fome Inftrudlions to let me know how far I might rely upon the Truth of thofe Parts of the Papers fet forth in the Information, and which are faid to be libellous. And tho' I am perfectly of the Opinion with the Gentleman who has juft now fpoke, on the fame Side with me, as to the common Courfe of Proceedings, I mean in putting Mr. Attorney upon proving, that my Cli- ent printed and publifhed thofe Papers mentioned in the Information ; yet I cannot think it proper for me (without doing Violence to my own Principles) to deny the Publi- cation of a Complaint, which I think is the Right of every free-born Subject to make, when the Matters fo publifhed can be fupported with Truth; and therefore I'll fave Mr. Attorney the Trouble of Examining his Witnefles to that Point; and I do (for my Client) confefs, that he both printed and publifhed the two News Papers fet forth in the Infor- mation, and I hope in fo doing he has committed no Crime. Mr. Attorney. Then if Your Honour pleafes, fince Mr. Hamilton has confefled the Fad, I think our Witnefles may be difcharged ; we have no further Occafion for them. 198 THE CASE AND TRIAL Mr. Hamilton. If you brought them here, only to prove the Printing and Publifhing of thefe News Papers, we have acknowledged that, and fhall abide by it. Here my Journeyman and two Sons {with Jeveral others Jubpoendd by Mr. Attorney, to give Evidence againji me) were dijcharged, and there was Silence in the Court for/ome Time. Mr. Chief juftice. Well Mr. Attorney, will you proceed? Mr. Attorney. Indeed Sir, as Mr. Hamilton has con- fefled the Printing and Publifhing thefe Libels, I think the Jury muft find a Verdid: for the King ; for fuppofing they were true, the Law fays that they are not the lefs libellous for that ; nay indeed the Law fays, their being true is an Aggravation of the Crime. Mr. Hamilton. Not fo neither, Mr. Attorney, there are two Words to that Bargain. I hope it is not our bare Printing and Publifhing a Paper, that will make it a Libel : You will have fomething more to do, before you make my Client a Libeller ; for the Words themfelves mufl be libel- lous, that \s, falfeyjcandalousy and feditious or elfe we are not guilty. As Mr. Attorney has not been pleqfed to favour us with his Argument, which he read, or with the Notes of it, we cannot take upon us to Jet down his Words, but only to fliew the Book Cafes he cited, and the general Scope of his Argument, which he drew from thofe Authorities. He objerved upon the Excellency, as well as Ufe of Gov- ernment, and the great Regard and Reverence, which had been conjiantly paid to it, both under the Law and Gofpel. That by Government we were protested in our Lives, Religion and Properties ; and that for thefe Reafons, great Care had always been taken to prevent every Thing that might tend to fcandalize Magijlrates, and others concerned in the Adminiftration of the Government, efpeci- ally thefupream MagiBrate. And that there were many 199 JOHN PETER ZENGER Injiances of very fever e Judgments^ and of Punifhtnents infliSied upon Juch^ as had attempted to bring the Gov- ernment into Contempt ; by publifhingfalfe and fcurrilous Libels againft it, or by /peaking evil and fcandalous Words of Men in Authority ; to the great Dijlurbance of the publick Peace. And to fupport this, he cited 5 Coke 121. (fuppofe it fliould be 125.) Wood's I n- ftit. 430. 1 Lilly 168. I Hawkins 73. 11. 6. From thefe Books he injijied, that a Libel was a malicious De- fawation of any P erf on, expreffed either in Printing or Writing, Signs or Pictures, to afperfe the Reputation of one that is alive, or the Memory of one that is dead ; if he is a private Man, the Libeller deferves a fever e Punifhment, but if it is againft a Magiftrate or other pub- lick Person, it is a greater Offence; for this concerns not only the Breach of the Peace, but the Scandal of the Gov- ernment ; for what greater Scandal of Government can there be, than to have corrupt or wicked Magiftrates to be appointed by the King, to govern his SubjeSls under him ? And a greater Imputation to the State cannot be, than tofuffer fuch corrupt Men to fit in the f acred Seat of Juftice, or to have any Medling in, or concerning the Adminiftration of Justice : And from the fame Books Mr. Attorney inftfted, that whether the Person defamed is a private Man or a Magiftrate, whether living or Dead, whether the Libel is true or falfe, or if the Party againft whom it is made is of good or evil Fame, it is neverthelefs a Libel: For in a fettled State of Govern- ment, the Party grieved ought to complain for every in- jury done him, in the ordinary Courfe of the Law. And as to its Publication, the Law had taken fo great Care of MerHs Reputations, that if one malicioufty repeats it, or fings it in the Prefence of an other, or delivers the Libel or a Copy of it over, tofcandalize the Party, he is to bepunifhed as a Publiflier of a Libel. He f aid it was likewife evident, that Libelling was an Offence againft the Law of God. Aa. XXI IL 5. Then faid Paul, I 200 THE CASE AND TRIAL wift not Brethren, that he was the High Prieft : For it is written, thou fhalt not fpeak evil of the Ruler of the People. i Pet. X. ii. Defplfe Government, prefumptuous are they, felf willed, they are not afraid to fpeak evil of Dignities, fcff . He then injijied that it was clear, both by the Law God and Man, 1'hat it was a very great Offence to /peak evil of, or to revile thoje in Authority over us ; and that Mr. Zenger had offended in a mojl notorious and grofs Manner, injcandal- izzng His Excellency our Governour, who is the King's immediate Reprejentative, and the Supream Magijirate of this Province : For can there be any Thing morejcan- dalous /aid of a Governour, than what is publijhed in thofe Papers? Nay, not only the Governour, but both the Council and Ajfembly are fcandalized ; for there it is plainly Jaid, "That as Matters now ftand, their Liberties and Properties are precarious, and that Slavery is like to be entailed on them and their Pofterity. And then again Mr. Zenger Jays, The Aflembly ought to de- fpife the Smiles or Frowns of a Governour ; That he thinks the Law Is at an End ; That we fee Mens Deeds destroyed. Judges arbitrarily difplaced, new Courts erected, without Confent of the Legiflature ; And That it feems Tryals by Juries are taken away when a Governour pleafes ; That none can call any Thing their own, longer than thofe in the Adminif- tration will condefcend to let them do it. And Mr. Attorney added, that he did not know what could be f aid in Defence of a Man, that had Jo notorioujly Jcandalized the Governour and principal Magifirates and Officers of the Govern- ment, by charging them with depriving the People of their Rights and Liberties, and taking away Tryals by Juries, and in Jhort, putting an End to the Law itfelf If this was not a Libel, he Jaid, he did not know what was one. Such Perjons as will take thoJe Liberties with Governour s and Magiftrates, he thought ought to Juf- 20 1 JOHN PETER ZENGER fer for Jlirring up Sedition and Dijcontent among the People. And concluded by faying^ that the Government had been very much traduced and expo/ed by Mr. Zen- ger, before he was taken Notice of; that at laji it was the Opinion of the Governour and Council, that he ought not to befuffered to go on, to dijiurb the Peace of the Government ; by publijhingfuch Libels againft the Gov- ernour, and the chief Perfons in the Government ; And therefore they had directed this Profecution, to put a Stop to this Jcandalous and wicked Practice, of libelling and defaming His Majejly's Government and difturbing his Majejly's Peace. Mr. Chzmhcr s then fum'd up to the Jury, obferving with great Strength of Reqfon on Mr. Attorney's defeSi of Proof, that the Papers in the Information were Falfe, Malicious or Se- ditious, which was incumbent on him to prove to the Jury, and without which they could not on their Oaths Jay, That they were fo, as charged. Mr. Hamilton. May it pleafe Your Honour ; I agree with Mr, Attorney, that Government is a facred Thing, but I differ very widely from him when he would infinuate, that the juft Complaints of a Number of Men, who fuffer under a bad Adminiftration, is libelling that Adminiftration. Had I believed that to be Law, I fliould not have given the Court the Trouble of hearing any Thing that I could fay in this Caufe. I own, when I read the Information, I had not the Art to find out (without the Help of Mr. Attorney's Innuendo's) that the Governor was the Perfon meant in every Period of that News Paper ; and I was inclined to believe, that they were wrote by fome, who from an extraordinary Zeal for Liberty, had mifconftrued the Conduft of fome Perfons in Authority into Crimes ; and that Mr. Attorney out of his too great Zeal for Power, had exhibited this Information, to corredt the Indifcretion of my Client ; and at the fame Time, to fliew his Superiors the great Concern he had, left they Ihould be treated with any undue 202 THE CASE AND TRIAL Freedom. But from what Mr. Attorney has juft now faid, to wit. That this Profecution was diredted by the Gover- nor and Council, and from the Extraordinary Appearance of People of all Conditions, which I obferve in Court upon this Occafion, I have Reafon to think, that thofe in the Ad- miniftration have by this Profecution fomething more in View, and that the People believe they have a good deal more at ftake, than I apprehended : And therefore, as it is become my Duty, to be both plain and particular in this Caufe, I beg Leave to befpeak the Patience of the Court. I was in hopes, as that terrible Court, where thofe dread- ful Judgments were given, and that Law eftablifhed, which Mr. Attorney has produced for Authorities to fupport this Caufe, was long ago laid afide, as the moft dangerous Court to the Liberties of the People of England, that ever was known in that Kingdom ; that Mr. Attorney knowing this, would not have attempted to fet up a Star-Chamber here, nor to make their Judgments a Precedent to us : For it is well known, that what would have been judg'd Treafon in thofe Days for a Man to fpeak, I think, has fince not only been pradliced as lawful, but the contrary Dodtrine has been held to be Law. In Brewjler's Cafe, for'Printing, That the SubjeSls might defend their Rights and Liberties by Arms, in cafe the King Jhould go about to dejlroy them, he was told by the Chief Juf- tice that it was a great Mercy, he was not proceeded againft for his Life ; for that to fay, the King could be refifted by Arms in any Cafe whatfoever, was exprefs Treafon. And yet we fee fince that Time, Dr. Sacheverell was fentenced in the higheft Court in Great Britain, for faying, "That Juch a Re- Jiftance was not lawful. Befides, as Times have made very great Changes in the Laws of England, fo in my Opinion there is good Reafon that Places fhould do fo too. Is it not furprizing to fee a Subject, upon his receiving a Commiflion from the King to be a Governor of a Colony in America, immediately imagining himfelf to be vefted with all the Prerogatives belonging to the facred Perfon of his 203 JOHN PETER ZENGER Prince ? And which is yet more aftonifhing, to fee that a People can be fo wild as to allow of and acknowledge thofe Prerogatives and Exemptions, even to their own Deftruftion? Is it fo hard a Matter to diftinguifti between the Majefty of our Sovereign, and the Power of a Governor of the Planta- tions ? Is not this making very free with our Prince, to ap- ply that Regard, Obedience and Allegiance to a Subjeft, which is due only to Our Sovereign ? And yet in all the Cafes which Mr. Attorney has cited, to fliew the Duty and Obedience we owe to the Supreme Magiftrate, it is the King that is there meant and underftood, tho' Mr. Attorney is pleafed to urge them as Authorities to prove the Heinouf- nefs of Mr. Zenger's Offence againft the Governor of New- Tork. The feveral Plantations are compared to fo many large Corporations, and perhaps not improperly ; and can any one give an inftance, that the Mayor or Head of a Corpor- ation, ever put in a Claim to the facred Rights of Majefty ? Let us not (while we are pretending to pay a great Regard to our Prince and His Peace) make bold to transfer that Al- legiance to a Subjedt, which we owe to our King only. What ftrange Doctrine is it, to prefs every Thing for Law here which is fo in England? I Believe we fhould not think it a Favour, at prefent at leaft, to eftabliih this *C.^InJl. 1 40. Practice. In England fo great a Regard and Reverence is had to the Judges, * that if any Man ftrikes another in Weftminfter Hall, while the Judges are fitting, he ftiall lofe his Right Hand, and forfeit his Land and Goods, for fo doing. And tho' the Judges here claim all the Powers and Authorities within this Government, that a Court of King's Bench has in England, yet I believe Mr. Attorney will fcarcely fay, that fuch a Punifhment could be legally inflidled on a Man for committing fuch an Offence, in the Prefence of the Judges fitting in any Court within the Province of New-York. The Reafon is obvious ; a Quarrel or Riot in New-Tork, cannot poffibly be attended with thofe dangerous Confequences that it might in Weftminfter Hall; nor (I hope) will it be alledged, that any Milbehaviour to a 204 THE CASE AND TRIAL Governor In the Plantations will, or ought to be, judged of or punifhed, as a like Undutifulnefs would be, to Our Sov- ereign. From all which, I hope Mr. Atttorney will not think it proper to apply his Law-Cafes (to fupport the Caufe of his Governor) which have only been judged, where the King's Safety or Honour was concerned. It will not be denied but that a Freeholder in the Province of New-York, has as good a Right to the fole and feparate Ufe of his Lands, as a Freeholder in England, who has a Right to bring an Action of Trefpafs againft his Neighbour, for fuffering his Horfe or Cow to come and feed upon his Land, or eat his Corn, whether inclofed or not inclufed ; and yet I be- lieve it would be looked upon as a ftrange Attempt, for one Man here, to bring an Aftion againft another, whofe Cat- tle and Horfes feed upon his Grounds not inclofed, or in- deed for eating and treading down his Corn, if that were not inclofed. Numberlefs are the Inftances of this Kind that might be given, to fhew, that what is good Law at one Time and in one Place, is not fo at another Time and in another Place ; fo that I think, the Law feems to expedt, that in thefe Parts of the World Men fhould take Care, by a good Fence, to preferve their Property, from the Injury of un- ruly Beafts. And perhaps there may be a good Reafon why Men fhould take the same Care, to make an honeft and up- right Conduct a Fence and Security againft the Injury of unruly Tongues. Mr. Attorney. I don't know what the Gentleman means, by comparing Cafes of Freeholders in England with Free- holders here. What has this Cafe to do with Adions of Trefpafs, or Men's Fencing their Ground ? The Cafe before the Court is, whether Mr. Zenger is guilty of Libelling His Excellency the Governor oi Neiv-Tork, and indeed the whole Adminiftration of the Government ? Mr. Hamilton, has confeffed the Printing and Publifhing, and I think nothing is plainer, than that the Words in the Information zrejcan- dalous, and tend to /edition, and to dijquiet the Minds of the People of this Province. And if fuch Papers are not Libels, 205 JOHN PETER ZENGER I think it may be faid, there can be no fuch Thing as a Libel. Mr. Hamilton. May it pleafe Your Honour ; I cannot agree with Mr. Attorney : For tho' I freely acknowledge, that there are fuch Things as Libels, yet I muft infift at the fame Time, that what my Client is charged with, is not a Libel ; and I obferved juft now, that Mr. Attor- ney in defining a Libel, made ufe of the Words, /fa«- dalouSyJeditious, and tend to difquiet the People; but (whether with Defign or not I will not fay) he omitted the Word falfe. Mr. Attorney. I think I did not omit the Word/al/e: But it has been faid already, that it may be a Libel, notwith- ftanding it may be true. Mr. Hamilton. In this I muft ftill differ with Mr. At- torney ; for I depend upon it, we are to be tried upon this Information now before the Court and Jury, and to which we have pleaded Not Guilty, and by it we are charged with Printing and Tpuhliihing a certain fal/e, malicious, /editions and Jcandalous Libel. This 'SRord falfe muft have fome Mean- ing, or elfe how came it there ? I hope Mr. Attorney will not fay, he put it there by Chance, and I am of Opinion his Information would not be good without it. But to fhew that it is the principal Thing which, in my Opinion, makes a Libel, I put the Cafe, the Information had been for printing and publlftiing a certain true Libel, would that be the fame Thing ? Or could Mr. Attorney fupport fuch an Informa- tion by any Precedent in the Engli/h Law ? No, the Falftiood makes the Scandal, and both make the Libel. And to fhew the Court that I am in good Earneft, and to fave the Court's Time, and Mr. Attorney's Trouble, I will agree, that if he can prove the Facts charged upon us, to be falfe, I'll own them to be fcandalous, feditious and a Libel. So the Work feems now to be pretty much fhortned, and Mr. Attorney has now only to prove the Words false, in order to make us Guilty. Mr. Attorney. We have nothing to prove ; you have 206 THE CASE AND TRIAL confeffed the Printing and Publifhing ; but if it was necef- fary (as I infift it is not) how can we prove a Negative ? But I hope fome Regard will be had to the Authorities that have been produced, and that fuppofing all the Words to be true, yet that will not help them, that Chief Juftice Holt in his Charge to the Jury,inthe Cafe of Tutchin, made no Diftinc- tion, whether "Tutchin's Paper's were true or falfe ; and as Chief Juftice Holt has made no Diftinftion in that Cafe, fo none ought to be made here ; nor can it be Ihewn in all that Cafe, there was any Queftion made about their being /<2^^ or true. Mr. Hamilton. I did expeft to hear. That a Negative cannot be proved ; But every Body knows there are many Exceptions to that general Rule : For if a Man is charged with killing another, or ftealing his Neighbour's Horfe, if he is innocent, in the one Cafe, he may prove the Man faid to be killed, to be really alive ; and the Horfe faid to be ftoln, never to have been out of his Matter's Stable, 6fe- caufe the Judge (as Judge) cannot know what the ^ ^' ^'' Evidence is which the Jury have, that is, he can only know the 231 JOHN PETER ZENGER Evidence given in Court : but the Evidence which the Jury have, may be of their own Knowledge, as they are returned of the Neighbourhood. 'They may alfo know from their own Knowl- edge, that what is f worn in Court is not true ; and they may know the Witnejfes to be Jligmatized, to which the Court may be Jir angers. But what is to my Purpofe, is, that fuppofe the Court did really know all the Evidence which the Jury know, yet in that Cafe it is agreed. That the Judge and Jury may differ in the Refult of their Evidence as well as two Judges may, which often happens. And \n pag. 148. the Judge fub- joins the Reafon, why it is no Crime for a Jury to differ in Opinion from the Court, where he fays, That a Man can- not fee with another's Eye, nor hear by another's Ear; no more can a Man conclude or infer the Thing by anothers Underjland- ing or Reafoning. From all which (I infift) it is very plain. That the Jury are by Law at Liberty {without any affront to the Judgment of the Court) to find both the Law and the Fait, in our Cafe, as they did in the cafe I am fpeaking to, which I will beg Leave juft to mention, and it was this. Mr. Penn and Mead being Quakers, and having met in a peaceable Manner, after being fhut out of their Meeting Houfe, preached in Grace Church Street in London, to the People of their own Perfwalion, and for this they were indidted ; and it was faid. That they with other P erf ons, to the Number of 2,00, unlawfully and tumultuoufly affembled, to the Di/lurbance of the Peace, (^c. To which they pleaded. Not Guilty. And the Petit Jury being fworn to try the iffue between the King and the Prifoners, that is, whether they were Guilty, accord- ing to the Form of the Indiftment ? Here there was no Dif- pute but they were affembled together, to the Number men- tioned in the Indiftment ; But whether that Meeting to- gether was riotoufly, tumultuoufly, and to the Difturbance of the Peace ? was the queftion. And the Court told the Jury it was, and ordered the Jury to find it fo ; For (faid the Court) the Meeting was the Matter of Fact, and that is confeffed, arid we tell you it is unlawful, for it is againji the Statute ; and the Meeting being unlawful, it follows of Courfe that it was tumul- 232 THE CASE AND TRIAL tuous, and to the Bijiurbance of the Peace. But the Jury did not think fit to take the Court's Word for it, for they could neither find Riot, Tumult, or any Thing tending to the Breach of the Peace committed at that Meeting; and they acquitted Mr. Penn and Mead. In doing of which they took upon them to judge both the Law and the Fa£i, at which the the Court (being themfelves true Courtiers) were fo much offended, that they fined the Jury 40 Marks a piece, and committed them till paid. But Mr. Bujhel, who valued the Right of a Juryman and the Liberty of his Country more than his own, refufed to pay the Fine, and was refolved (tho' at great Expence and trouble too) to bring, and did bring, his Habeas Corpus, to be relieved from his Fine and Imprifon- ment, and he was releafed accordingly ; and this being the Judgment in his Cafe, it is eftablifhed for Law, That the Judges, how great foever they be, have no Right to fine im- prifon or punifli a Jury, for not finding a VerdiSl according to the Direction of the Court. And this I hope is fufficientto prove. That Jurymen are to fee with their own Eyes, to hear with their own Ears, and to make ufe of their own Confciences and Underftandings, in judging of the Lives, Liberties or Eftates of their fellow Subjeds. And fo I have done with this Point. This is the fecond informotion for Libelling of a Gover- nour, that I have known in America. And the firft, tho' it may look like a Romance, yet as it is true, I will beg Leave to mention it. Governour Nicholfon, who happened to be oflfended with one [of]* his Clergy, met him one Day upon the Road, and as was ufual with him (under the Protection of his CommifTion) ufed the poor Parfon with theworft of Lang- uage, threatned to cut off his Ears, flit his Nofe, and at laft to fhoot him through the Head. The Parfon being a rever- end Man, continued all this Time uncovered in the Heat of the Sun, until he found an Opportunity to fly for it ; and coming to a Neighbours Houfe felt himfelf very ill of a * The word "of" is missing in the original edition, but supplied in man- uscaipt by a contemporary hand. 233 JOHN PETER ZENGER Feaver, and immediately writes for a Doftor ; and that his Phyfician might the better judge of his Diftemper, he ac- quainted him with the Ufage he had received ; concluding, that the Governour was certainly mad, for that no Man in his Senfes would have behaved in that manner. The Doftor un- happily fhews the Parfons Letter ; the Governour came to hear of it; and fo an Information was prefered againft the poor Man for faying he believed the Governour was mad •,a.nd it was laid in the Information to be /alfe, Jcandalous and wicked, and wrote with Intent to move Sedition among the People, and bring His Excellency into Contempt. But by an Order from the late Queen Anne, there was a Stop put to that Prof- ecution, with fundry others fet on foot by the fame Gover- nour, againft Gentlemen of the greateft Worth and Honour in that Government. And may not I be allowed, after all this, to fay, That by a little Countenance, almoft any Thing which a Man writes, may with the Help of that ufeful Term of Art, called an In- nuendo, be conftrued to be a Libel, according to Mr. Attor- ney's Definition of it. That whether the Words are /poke of a Per/on of a publick Character, or of a private Man, whether dead or Living, good or bad, true or falje all make a Libel ; for according to Mr. Attorney, after a Man hears a Writ- ing read, or reads and repeats it, or laughs at it, they are all punifhable. It is true, Mr. Attorney is fo good as to allow, after the Party knows it to be a Libel, but he is not fo kind as to take the Man's Word for it. Here were feveral Cafes put to fliew. That tho' what a Man writes of a Governour was true, proper and neceflary, yet according to the foregoing Doftrine it might be conftrued to be a Libel ; But Mr. Hamilton after the Tryal was over, being informed. That fome of the Cafes he had put, had really happened in this Government, he declared he had never heard of any fuch ; and as he meant no perfonal Refleftions, he was forry he had mentioned them, and therefore they are omitted here. Mr. Hamilton. If a Libel is underftood in the large and unlimited Senfe urged by Mr. Attorney, there is fcarce a Writing I know that may not be called a Libel, or fcarce 234 THE CASE AND TRIAL any Perfon fafe from being called to an Account as a Libel- ler : For Mojes, meek as he was, libelled Cain ; and who is it that has not libelled the Devil ? For according to Mr. At- torney it is no Juftification to fay one has a bad Name. Ecb- ard has libelled our good King William : Burnet has libelled among many others King Charles and King James \ and Rapin has libelled them all. How muft a Man fpeak or write, or what muft he hear, read or fing ? Or when muft he laugh, fo as be fecure from being taken up as a Libeller ? I fincerely believe, that were fome Perfons to go thro' the Streets of New-York now-a-days, and read a Part of the Bible, if it was not known to be fuch, Mr. Attorney, with the help of his Innuendo s^ would eafily turn it into a Libel. As for inftance, 7/: IX. i6. The Leaders of the People caufe them to err, and they that are led by them are deftroyed. But ftiould Mr. Attorney go about to make this a Libel, he would read it thus ; "The Leaders of the People [innuendo, the Gov- ernour and Council of New-Tork'\ caufe them [innuendo, the People of this Province] to err, and they [the People of this Province meaning] that are led by them [the Governour and Council meaning] are deftroyed [innuendo, are deceived into the Lofs of their Liberty] which is the worft Kind of Deftruftion. Or if fome Perfons ftiould publickly repeat, in a Manner not pleafing to his Betters, the loth and nth Verfes of the LVL Chap, of the fame Book, there Mr. At- torney would have a large Field to difplay his Skill, in the art- ful Application of his Innuendo's. The Words are. His Watchmen are all blind, they are ignorant, ^c. Tea, they are greedy dogs, that can never have enough. But to make them a Libel, there is according to Mr. Attorney's Dodtrine, no more wanting but the Aid of his Skill, in the right adapting his Innuendo's. As for Inftance ; His Watchmen [innuendo, the Governour's Council and Aflembly] are [all]* blind, they are ignorant [innuendo, will not fee the dangerous Defigns of His Excellency] Yea, they [the Governour and Council mean- * This word is supplied in the original in manuscript by a contemporary hand. JOHN PETER ZENGER ing] are greedy Dogs, which can never have enough {innuendo, enough of Riches and Power.] Such an Inftance as this is feems only only fit to be laugh'd at ; but I may appeal to Mr. Attorney himfelf, whether thefe are not at leaft equally proper to be applied to His Excellency and His Minifters, as fome of the Inferences and Innuendo's in his Information againft my Client. Then if Mr. Attorney is at Liberty to come into Court, and file an Information in the King's Name, without Leave, who is fecure, whom he is pleafed to profecute as a Libeller ? And as the Crown Law is con- tended for in bad Times, there is no Remedy for the greatest Oppreflion of this Sort, even tho the Party profecuted is ac- quitted with Honour. And give me Leave to fay, as great Men as anyin Briiain,ha.ve boldly afferted. That the Mode of Profecuting by Information (when a Grand Jury will not find Bi//a "vera) is a national Grievance, and greatly inconfiflent with that Freedom, which the Subjeds of England enjoy in moft other Cafes. But if we are fo unhappy as not to be able to ward off this Stroke of Power direftly, yet let us take Care not to be cheated out of our Liberties, by Forms and Ap- pearances ; let us always be fure that the Charge in the In- formation is made out clearly even beyond a Doubt ; for tho Matters in the Information may be called Form upon Tryal, yet they may be, and often have been found to be Matters of Subjlance upon giving Judgment. Gentlemen ; The Danger is great, in Proportion to the Mifchief that may happen, through our too great Credulity. A proper Confidence in a Court, is commendable ; but as the Verdift (what ever it is) will be yours, you ought to re- fer no Part of your Duty to the Difcretion of other Perfons. If you fhould be of the Opinion, that there is no Falfbood in Mr. Zenger's Papers, you will, nay (pardon me for the ExprefTion) you ought to fay fo ; becaufe you don't know whether others (I mean the Court) may be of that Opinion. It is your Right to do fo, and there is much depending upon your Refolution, as well as upon your Integrity. The lofs of liberty to a generous Mind, is worfe than 236 THE CASE AND TRIAL Death ; and yet we know there have been thofe in all Ages, who for the fake ofPreferment,or fome imaginary Honour, have freely lent a helping Hand, to opprefs, nay to deftroy their Country. This brings to my Mind that faying of the immortal Brutus, when he look'd upon the Creatures of Cafar, who were very great Men, but by no Means good Men. "Tba Romans /aid Brutus, if yet I may call you Jo, " confider what you are doin^; remember that you are ajjijling " Cajar to forge thoje very Chains, which one day he will make " your /elves wear." This is what every Man (that values Freedom) ought to confider: He fhould ad by Judgment and not by AfFedtion or Self-Intereft ; for, where thofe pre- vail. No Ties of either Country or Kindred are regarded ; as upon the other Hand, the Man, who loves his Country, prefers it's Liberty to all other Confiderations, well knowing that without Liberty, Life is a Mifery. A famous Inftance of this you will find in the Hiftory of another brave Roman of the fame Name, I mean Lucius Junius Brutus, whofe ftory is well known and therefore I fhall mention no more of it, than only to fhew the Value he put upon the Freedom of his Country. After this great Man, with his Fellow Citizens whom he had engag'd in the Caufe, had banifh'd Tarquin the Proud, the laft King of Rome, from a Throne which he afcended by inhuman Murders and poflefs'd by the moft dreadful Tyranny and Profcriptions, and had by this Means, amafs'd incredible Riches, even fuf- ficient to bribe to his Intereft, many of the young Nobility of Rome, to affift him in recovering the Crown ; but the Plot being difcovered, the principal Confpirators were appre- hended, among whom were two of the Sons of Junius Brutus. It was abfolutely necefl"ary that fome fhould be made Ex- amples of, to deter others from attempting the reftoring of "Tarquin and deftroying the Liberty of Rome. And to effed: this it was, that Lucius Junius Brutus, one of the Con- fuls of Rome, in the Prefence of the Roman People, fat Judge and condemned his own Sons, as Traitors to their Country : And to give the laft Proof of his exalted Virtue, and his 237 JOHN PETER ZENGER Love of Liberty : He with a Firmnefs of Mind, (only be- coming fo great a Man) caus'd their Heads to be ftruck off in his own Prefence ; and when he obferv'd that his rigid Virtue, occafion'd a fort of Horror among the People, it is obferv'd he only faid. " My Fellow-Citizens, do not think that " this Proceeds from any Want of natural Affection : No, The " Death of the Sons of Brutus can affeSt Brutus only ; but the " Lofs of Liberty will affeSl my Country'' Thus highly was Liberty efteem'd in thofe Days that a Father could facri- fice his Sons to fave his Country, But why do I go to Heathen i?o»«f, to bring Inftances of the Love of Liberty, the beft Blood in Britain has been flied in the Caufe of Liberty ; and the Freedom we enjoy at this Day, may be faid to be (in a great Meafure) owing to the glorious Stand the famous Hamden, and other of our Countrymen, made againft the arbitrary Demands, and illegal Impofitions, of the Times in which they lived ; who rather than give up the Rights of Englijhmen, and fubmit to pay an illegal Tax, of no more, I think, than 3 shillings, refolv'd to undergo, and for their Liberty of their Country did undergo the greateft Extrem- ities, in that arbitrary and terrible Court of Star Chamber, to whofe arbitrary Proceedings, (it being compos'd of the principal Men of the Realm, and calculated to fupport ar- bitrary Government) no Bounds or Limits could be fet, nor could any other Hand remove the Evil but a Parliament. Power may juftly be compar'd to a great River, while kept within it's due Bounds, is both Beautiful and Ufeful ; but when it overflows, it's Banks, it is then too impetuous to be ftemm'd, it bears down all before it, and brings De- ftruftion and Defolation wherever it comes. If then this is the Nature of Power, let us at leaft do our Duty, and like wife Men (who value Freedom) ufe our utmoft Care to fupport Liberty, the only Bulwark againft lawlefs Power, which in all Ages has facrificed to it's wild Luft and bound- lefs Ambition, the Blood of the beft Men that ever liv'd. I hope to be pardon'd Sir for my Zeal upon this Occa- fion ; it is an old and wife Caution. That when our Neigh- 238 THE CASE AND TRIAL hours Houfe is on Fire, we ought to take Care of our own. For tho' Blefled be God, I live in a Government where Liberty is well underftood, and freely enjoy'd : yet Experience has Ihewn us all (I'm fure it has to me) that a bad Precedent in one Government, is foon fet up for an Authority in another; and therefore I cannot but think it mine, and every Hon- eft Man's Duty, that (while we pay all due Obedience to Men in Authority) we ought at the fame Time to be upon our Guard againft Power, wherever we apprehend that it may afFed ourfelves or our Fellow-Subjeds. I am truly very unequal to fuch an Undertaking on many Accounts. And you fee I labour under the Weight of many Years, and am born down with great Infirmities of Body ; yet Old and Weak as I am, I fhould think it my Duty if required, to go to the utmoft Part of the Land, where my Service cou'd be of any Ufe in aflifting to quench the Flame of Profecutions upon Informations, let on Foot by the Government, to deprive a People of the Right of Remonftrating, (and complaining too) of the arbitrary At- tempts of Men in Power. Men who injure and opprefs the People under their Adminiftration provoke them to cry out and complain ; and then make that very Complaint the Foundation for new Oppreffions and Profecutions. I wilh I could fay there were no Inftances of this Kind. But to conclude ; the Queftion before the Court and you Gentle- men of the Jury, is not of fmall nor private Concern, it is not the Caufe of the poor Printer, nor of New-York alone, which you are now trying : No ! It may in it's Confe- quence, affed: every Freeman that lives under a Britifh Gov- ernment on the main oi America. It is the beft Caufe. It is the Caufe of Liberty ; and I make no Doubt but your up- right Conduft, this Day, will not only entitle you to the Love and Efteem of your Fellow-Citizens ; but every Man who prefers Freedom to a Life of slavery will blefs and honour You, as Men who have baffled the Attempt of Ty- ranny ; and by an impartial and uncorrupt Verdidt, have laid a noble Foundation for fecuring to ourfelves, our Pof- 239 JOHN PETER ZENGER terity, and our Neighbours, That, to which Nature and the Laws of our Country have given us a Right,- - the Liberty both of expofing and oppofing arbitrary Power (in thefe Parts of the World, at leaft) by fpeaking and writing Truth. Here Mr. Attorney ohJervd,that Mr. Hamilton had gone very much out of the Way, and had made himjelf and the People very merry : But that he had been citing Cafes, not at all to the Purpoje ; hejaid, there was nojuch Cauje as Mr. Bufhel'j or Sir Edward Hales before the Court ; and he could not find out what the Court or Jury had to do with Difpenfations, Riots or unlawful AJfemblies : All that the Jury had to confider of was Mrs. Zenger'j Printing and Publifhing two fcandalous Libels, which very highly reflected on his Excellency and the principal Men concern d in the Adminiftration of this Government, which is confefs'd. That is, the Printing and Publifhing of the Journals Jet forth in the Information is confefs'd. And con- cluded that as Mr. Hamilton had confefs'd the Printing, and there could be no doubt but they werefcandalous Papers, highly reflecting upon his Excellency, and the principal Mag- ijirates in the Province. And therefore he made no Doubt but the Jury would find the Defendant Guilty, and would refer to the Court for their DireSlion. Mr. Ch. Juji. Gentlemen of the Jury. The great Pains Mr. Hamilton has taken, to fliew how little Regard Juries are to Pay to the Opinion of the Judges ; and his infifting fo much upon the Condud of fome Judges in Tryals of this kind; is done no doubt, with a Defign that you fhould take but very little Notice, of what I might fay upon this Occa- fion. I fliall therefore only obferve to you that, as the Fads or Words in the Information are confefled: The only Thing that can come in Queftion before you is, whether the Words as fet forth in the Information make a Lybel. And that is a Matter of Law, no Doubt, and which you may leave to the Court. But I fliall trouble you no further with any Thing 240 THE CASE AND TRIAL more of my own, but read to you the Words of a learned and upright Judge* in a cafe of the like Nature. * 'to Jay that corrupt Officers are appointed to adminifler Af- ^ fairs, is certainly a Reflexion on the Government. If People * fhould not be called to account for pojfejfmg the People with an ' ill Opinion of the Government, no Government canfubfiji. For ' it is very necejfary for all Governments that the People fhould ' have a good Opinion of it. And nothing can be worfe to any * Government, than to endeavour to procure Animojities; as to the ' Management of it, this has been always look'd upon as a Crime, ' and no Government can be fafe without it be punifhed. ' Now you are to conjider, whether thefe Words I have read ' to you, do not tend to beget an ill Opinion of the Adminijlra- ' tion of the Government ? 'To tell us, that thoje that are em- ' ployed know nothing of the Matter, and thofe that do know ' are not employed. Men are not adapted to Offices, but Offices, to ' Men, out of a particular Regard to their Intereji, and not to ' their Fitnefs for the Places; this is the Purport of thefe * Papers. Mr. Hamilton. I humbly beg Your Honours Pardon : I am very much misapprehended, if you fuppofe what I faid was fo defigned. Sir, you know; I made an Apology for the Freedom I found my felf under a Neceffity of ufing upon this Occafion. I faid, there was Nothing perfonal defigned; it arofe from the Nature of our Defence. The Jury withdrew and in a fmall Time returned and being afked by the Clerk whether they were agreed of their Verdidl, and whether John Peter Zenger was guilty of Print- ing and Publifhing the Libels in the Information mentioned ? They anfwered by 'Thomas Hunt, their Foreman, Not Guilty, Upon which there were three Huzzas in the Hall, which was crowded with People and the next Day I was difcharged from my Imprifonment. * Ch. J. Holt in Tutcbin't Cafe. 241 JOHN PETER ZENGER APPENDIX. City of ) , A '^ aCommon Council, held at the City — New-York y^' -^ Hall of the faid City, on Tuefday the Sixteenth Da.y of Sepiemier, Anno Dom. 1735- PRESENT. Paul Richards Efq; Mayor. Gerardus Stuyvejant Efq; Deputy-Mayor. Daniel Horjmanden, Efq; Recorder. ALDERMEN. William Roome Efq; John Walter Efq; Stephen Bayard Efq; Simon Johnfon¥.(ci:, Chrijiopher FellKfc];, Johannes BurgerEf(i; ASSISTANTS. Mr. Johannes Waldron. Mr. JohnMoore. Mr. Charles LeRoux. Mr. Ede Myer. Mr, Jo/^w Fr■ «■ -^ :^ ^ *^ ^ ^ , ^ r - -- "" '' V " CL . i^ ■V ~. ^ ^' : ^^K ^Bv '^ T- . *■ ^^^ ^ ^^HK ^B x"^ -^ ^^^ «^ ^■n '• > ™«^ ^ ^■B^^t > , J:^ •^ ^ „r o, ^™ ^ - / ;;^^ ■^ ' ^ ^^^HE^f^^xl^i "^ ^K^ vC" . ^S N.x'*' ^Hk, \ K. > ■|v K^ ^ ^ ^^^^L " •f ~ \ "'/' ' ' \ _ -^ <- "^ "^ '^- B^^ 3 6 ". . . ^ . ^^K V X ? - c ~ '- ^i-- ; \ £ S ^ [^ "-^^ *::? lif .-fc- ^ ■ ' -\~ '^ ^ f- , ^ S X -tj *^ \ ^^^^^^ ^^HhLbkw!^ t-i *" '^^-i ""^ S; ^ 1:> t^ t~< \ HH^^ ' -= £ ^ "^^ "^ " "^ ^ .-> I ^- ^i -c :~ ~ ? * '-r - "" ^^ ) Wl^'rf^ » fc#^-»^ ^^^^^/^u_^ ^^^^^^^K \ nHHHK \ ~ -^ -- < H s O z o a CO »i M (U o <: 111 u A BIBLIOGRAPHY OF THE TRIAL OF JOHN PETER ZENGER BIBLIOGRAPHY OF THE TRIAL OF JOHN PETER ZENGER 1736 HREE rows of printer's ornaments. A brief Narrative of the Case and Try-/al of John Peter Zenger^ Printer of thelNew-Tork weekly Journal.! [One row of ornaments.] [Colophon:] New- York, Printed and sold by John Peter Zenger, MDCCXXXVI./ Folio, 20 leaves. Collation: No separate title-page. Text, pages i to [40], 15-40 being wrongly numbered 17-42. This is the first edition of the "Trial." 1737 [Two rows of printer's ornaments.] /REMARKS/ON/ Z^w^^r'x TRYALj/Taken out of the Barbados Gazette's. /For the Benefit of the Students in/ Law, and others in North Jmerica./^iy^J.'] i2mo, 36 leaves. Collation : No separate title-page. Above heading at top of page i. Let- ter, signed "Anglo Americanus," dated "Bridge-Town, June 24, 1737," pages 1-5; text, with heading, "From the Barbados Gazette, N" 439 | Re- marks on Zenger's Trial," pages 6-39; letter, beginning "Mr. Keimer," — signed " Anglo Americanus," dated "Bridge-Town, | July 20, | 1737," page 40; part 2, with heading, "Remarks [ on | Zenger's Tryal, | Taken out of the Barbados Gazette, | N° 446, &c | Part II." signed "Indus Britannicus." dated "Bridge-Town, | July 29, 1737." pages [4i]-7i; blank page [72]. Nos. 466, 467, 468 and 469 of the Pennsylvania Gaxeite contain a reply to this written by James Alexander. 249 JOHN PETER ZENGER 1738 [Two rows of printer's ornaments.] /A brief NARRATIVE of the Case/and Tryal of John Peter Zenger^ Printer/of the New- Tor k weekly "Journal, j [Colophon :] BOSTON :/Printed and Sold by THOMAS FLEET, at the Heart and Crown in/Cornhill, 1738./ 4to, Z4 leaves. Collation : No separate title-page; text and Appendix, pages 1-48. THE/TRYAL/OF/>Z»« Peter Z^«^^r,/OF/NEW-YORK, PRINTER,/ Who was lately Try'd and Acquitted for PRINTING and/PUBLISHING a LIBEL against the Government./ With the PLEADINGS and ARGUMENTS on both Sides.//te CUIQUE eveniat., ut de REPUBLICA meruit. (Cicero.)/ [Print- er's ornament.] j London : Printed for J. WILFORD, behind the Chapter-House, St. Paul's/Church- Yard. 1738./ 4to, 17 leaves. Collation : Title, i page ; blank, i page; text and Appendix, pages 1-32. THE/TRYAL/OF/>/?'« Peter Zenger./OF/'NEW-YORK, PRINTER,/Who was lately Try'd and Acquitted for PRINTING and/PUBLISHING a LIBEL against the Government./ With the PLEADINGS and ARGUMENTS on both Sides.///a CUI- QUE eveniat, ut de REPUBLICA meruit. (Cicero) / THE SECOND EDITION./ [Printer's ornament.] London : Printed for J. WILFORD, behind the Chapter-House, St. P/&« Peter Z^«^fr,/OF/NEW-YORK, PRINTER,/ Who was lately Try'd and Acquitted for PRINTING and/PUBLISHING a LIBEL against the Government./With the PLEADINGS and ARGUMENTS on both Sides.///<7 CUIQUE eveniat^ ut de REPUBLICA meruit. (Cicero)/The FOURTH EDITION./. [Printer's Ornament.] /Z»Wfl«.- Printed for J. WIL- FORD,behindthe Chapter-House, St. Paa/'j/Oiurch-Yard, 1738./ 4to, 17 leaves. Collation: Title, i page; blank, i page; text and Appendix, pages i-jz. REMARKS/ ON THE/ TRIAL/ OF/ John-Peter Zenger,/ PRINTER of the/NEW-YORK Weekly Journal,/Who was lately Try'd and Acquitted for/Printing and Publishing TWO LIBELS/Against the/Government of that PROVINCE./LON- DON: /Printed for J. ROBERTS in Warwick-Lane. MDCC- XXXVIII./(Price One Shilling)/ 4to, 16 leaves. Collation: Title i page; blank, i page; Preface, a pages; text, signed at end "Indus Biitannlcus," pages [i]-*7 ; blank, page [28]. [Two rows of printer's ornaments.] /A BRIEF/NARRATIVE /OF THE/CASE and TRIAL o/JOHN PETER ZENGER,/ Printer of the NEW-YORK Weekly Journal, j 4to, 16 leaves. Collation: No separate title-page. Text and Appendix, pages i-ja. This edition of the trial is apparently an English one ; it strongly resembles Wilford' s editions, but is as yet unidentified. 1750 THE/CASE and TRYAL/OF/JOHN PETER ZENGER,/ OF/NEW-YORK,/PRINTER,/Who was lately tryed and ac- quitted for PRINT-/ING and PUBLISHING a LIBEL against the/GOVERNMENT./WITH/The PLEADINGS and AR- GUMENTS on both Sides.///ff CUIQUE eveniat., ut de REPUB- LICA meruit. CICERO./LONDON:/Printed for J. WILFORD, behind the Chapter-House, ^t.jPauFs Church-Yard, 1750./ [Price a British Sixpence.] / gvo, 30 leaves. Collation: Title, page [1] ; blank, page [i] 5 text and Appendix, pages j-60. 251 JOHN PETER ZENGER 1752 THE/TRIAL/OF/7s/5.« Peter Z^«^^r,/ OF/NEW-YORK, PRINTER;/Who was Tried and Acquitted,/For PRINTING and PUBLISHING a LIBEL/against the Government./WITH/ The PLEADINGS and ARGUMENTS on both Sides.///a CUIQUE eveniat^ ut de REPUBLICA meruit. Cic./ [Printer's or- nament.] /LONDON :/Printed for P. BROWN, in Fleet-Street. MDCCLII./(Price One Shilling and Sixpence,)/ 8vo, 40 leaves. Collation: Title, i page; blank, i page; Preface, 2 pages; text and Appen- dix, pages [i]-[76]. 1756 A BRIEF/NARRATIVE/ OF THE/CASE AND TRIAL/ OF/JOHN PETER ZENGER, Printer of the/NEW-YORK WEEKLY-JOURNAL. / [Printer's ornament.] NEW-YORK Printed:/LANCASTER Re-printed, and Sold by W. DUN- LAP,/at the New Pr'inting-Office^m ^een-Streety lys^./ Folio, 20 leaves. Collation: Title, page [i] ; blank, p. [2]; text and Appendix, pages [i]- [40]. 1765 THE/TRIAL/OF/JOHN PETER ZENGER,/OF NEW YORK, PRINTER:/Who was charged with having printed and published/a LIBEL against the Government; and acquitted,/ WITH/ A NARRATIVE OF HIS CASE./To which is now added, being never printed before,/THE TRIAL/OF/MR. WILLIAM OWEN,/BOOKSELLER, near TEMPLE-BAR,/ Who was also Charged with the Publication of a LIBEL/against the GOVERN- MENT ; of which he was honour-/ably acquitted by a Jury of Free-bornEnglishmen,/Citizens of London./ [Printer's ornament.] / LONDON :/Printed for J. ALMON, opposite Burlington-House, Piccadilly./MDCCLXV./(Price One Shilling.)/ 8vo, 30 leaves. Collation: Title, page [i]; notice of the new" edition, 10 lines, pages [i]; text, page [3] -48 ; text of trial of Mr. William Owen, 11 pages; publisher's advertisements, i page. 252 BIBLIOGRAPHY 1770 A BRIEF/NARRATIVE/OF THE/CASE and TRIAL/ OF /JOHN PETER ZENGER, / PRINTER / OF THE/ NEW-YORK WEEKLY JOURNAL,/FOR A/LIBEL./In a free State, such as cur's is, all Men ought to/enjoy, and express their Minds freely./ TIBERIUS CAESAR./NEW-YORK :/Re- printed, by JOHN HOLT, at the Exchange. 1770/ 4to, z8 leaves. Collation: Title, i page; blank, i page; text and Appendix, pages [i]- 46, "Summary Account of the trial of Mr. Willim Owen, Bookseller," pages 47-495 "From the Political Register," etc., pages 50-53; blank, page [54]. 1784 THE TRIAL/OF JOHN PETER ZENGER,/OF NEW- YORK, PRINTER ;/FOR A LIBEL/AGAINST THE GOV- ERNMENT, / ON THE FOURTH OF AUGUST, / MDCCXXXV./ INSCRIBED/TO THE HONORABLE T. ERSKINE./" God and Reason made the Law, and have placed Con-/science within you to determine, not like an Asiatic/ Cadi, according to the Ebbs and Flows of his own Pas-/sions, but like a British Judge, in this Land of Liberty/and good Sense, who makes no new Law, but faithfully/declares that Law which he knows already written."/STERNE/LONDON : Printed for Flexney, HoLBORN ; Davies, Russell- / Street ; Merril, Cambridge ; and/Eddowes, Shrewsbury. 1784./ 8vo, 34 leaves. Title, I page; blank, i page; dedication, a pages; text, pages [i]-64. 1799 [Printer's ornament.] /A/BRIEF NARRATIVE/OF THE/ CASE AND TRYAL/OF/John Peter Zenger, /Fiinter of the New-York Weekly Journal. ( [Colophon :] /Reprinted and Sold at the Bible and Heart, Cornhill, Boston,/MDCCXCIX./ 8vo, 24 leaves. Collation : No separate title-page. Text and Appendix, pages 1-48. 1841 AMERICAN / CRIMINAL TRIALS/By PELEG W, 253 JOHN PETER ZENGER CHANDLER./VOLUME I./BOSTON:/CHARLES C. LITTLE AND JAMES BROWN./LONDON : / A. MAXWELL, 32, BELL YARD, LINCOLN'S INN./MDCCCXLI./ Svo, 2, volumes. The "Trial of John Peter Zenger" fills pages [i 513-209 of Vol. I. I741 CARIBBEANA./ CONTAINING /LETTERS and DIS- SERTATIONS,/ Together with / POETICAL ESSAYS, /On various SUBJECTS and OCCASIONS ;/Chiefly wrote by several Hands in the/WEST-INDIES./And some of them to Gentlemen residing there./Now collected together in/TWO VOLUMES./ Wherein are also comprised, divers Papers relating to TRADE,/ GOVERNMENT, and LAWS in general ; but more especially,/ to those of the British Sugar-Colonies, and of Barbados in parti-/ cular : As Likewise the Characters of the most eminent Men that/ have died, of late Years, in that Island./To which are added in an/ APPENDIX,/Some Pieces never before Published./Vol. II./LON- DON :/Printed for T. OSBORNE, in Grafs-Inn ; J. CLARKE, at the Royal Ex- 1 change ; S. AUSTIN, in St. Paul's Church- Tar d; G. HAWKINS, zt I Temple-Bar; R. DODSLEY, in Pall- Mall, and W. LEWIS in Covent- j Garden, M.DCC.XLL 4to, z vols. Vol. II. contains " Remarks on Zenger' s Trial, " signed " Anglo- Ameri- canus," in five letters, pages 198-221; also "Remarks on Zenger's Trial by another Hand, " signed " Indus Britannicus," pages 225-241; "Letters from | Anglo-Americanus | with an article from the Pensilvania Gazette of Dec. 8, 1737," pages 264-271; and "Letter to Anglo-Americanus and Indus-Britanni- cus," signed "P. C," pages 272-273. 1816 A/COMPLETE COLLECTION/OF/State Trials/AND/ PROCEEDINGS FOR HIGH TREASON AND OTHER/ CRIMES AND MISDEMEANORS / FROM THE / EARL- IEST PERIOD TO THE YEAR 1783,/WITH NOTES AND OTHER ILLUSTRATIONS : / COMPILED BY / T. B. HOWELL, ESQ., F.R.S., F.SA./INCLUDING,/IN ADDI- TION TO THE WHOLE OF THE MATTER CON- TAINED IN THE/FOLIO EDITION OF HARGRAVE,/ 254 BIBLIOGRAPHY UPWARDS OF TWO HUNDRED CASES NEVER BE- FORE COLLECTED :/ TO WHICH IS SUBJOINED/A TABLE OF PARALLEL REFERENCE, / RENDERING THIS EDITION APPLICABLE TO THOSE BOOKS OF AUTHORITY IN/WHICH REFERENCES ARE MADE TO THE FOLIO EDITION./In TWENTY-ONE VOL- UMES./ VOL. XVn./i2 GEORGE I TO 17 GEORGE II i726-i743./LONDON:/Printed by T. C. Hansard, Peter- borough-Court, Fleet-Street : / FOR LONGMAN, HURST, REES,ORME,and BROWN; J. M. RICHARDSON;/BLACK, PARBURY AND ALLEN ; BALDWIN, CRADOCK AND JOY;/E. JEFFREY; J. HATCHARD ; R. H. EVANS; J. BOOKER; E. LLOYD;/J. BOOTH ; BUDD AND CALKIN; AND T. C. HANSARD./ 1 8 16./ 8vo, 21 vols. Vol. XVIII contains an account of Zenger's trial, filling columns 675 to 764, with the following heading : "490. /The Trial of MR. JOHN PETER ZENGER, of New- York, Printer /for printing and publishing a Libel against the Government, /before the Hon. James de Lancey Esq. Chief Justice of the/Province of New- York, and the Hon. Frederick Phillipse, Esq. /second Judge, at New- York, on August 4th. 9 George II,/A.D. 1735-" LIST OF ISSUES OF THE NEW YORK WEEKLY JOURNAL WITH THE LIBRARIES POSSESSING SAME LIST OF ISSUES OF THE NEW YORK WEEKLY JOURNAL WITH THE LIBRARIES POSSESSING SAME EXPLANATION OF ABBREVIATIONS A. — American Antiquarian Society, Worcester, Mass. D.— Edward H. DeLancey, New York. L. — New York Public Library, Lenox Collection. N. — New York Hiitorical Society. P. — Historical Society of Pennsylvania. R. — Public Records Office, London. W.— Joiin David Wolfe, New York. Each number, so far as seen, consists of four pages, except where indicated. No. I— Oct. 5- •733 p. N. L. A. (Should be Nov. 5). ' No. 2— Nov. 12. " P. N. L. A. No. 3 — Nov. 19. ff P. N. L. A. No. 4— Nov. 26. » P. N. L. A. No. 5— Dec. 3- ff P. N. L. A. No. 6— Dec. 10. # -..R.P.N.L.A. No. 7— Dec. 17- " ...R.P.N.L.A. No. 8-Dec. 24. * P. N. L. A. No. 9 — Dec. 31- Ir P. N. L. A. No. 10 — Jan. 7- I733^4]-. P. N. L. A. No. II — Jan. 14. P. N. L. A. No. 12 — ^Jan. 21. * P. N. L. A. No. 13 — Jan. 28. ff P. N. L. A. No. 14— Feb. 4- " P. N. L. A. No. IS— Feb. II. tt P. N. L. A. No. 16— Feb. 18. " P. N. L. A. No. 17— Feb. 25. ff P.N.L.A. No. 18— Mar. 4- " P. N. L. A. No. 19 — Mar. II. " P.N.L.A. No. 20 — Mar. 18. It P. N. L. A. No. 21 — Mar. 25- 1734 P. N. L. A. (6 pages). No. 22 — ^April I. H P. N. L. A. No. 23 — ^Aprfl 8. It P. N. L. A. No. 24 — April IS- n P. N. L. A. No. 25 — April 22. If P. N. L. A. No. 26 — April 29. 1734. No, 27 — May 6. " (2 pages only). No. 28 — May 13. * No. 29 — May 20. " No. 30 — May 27. " No. 31 — June 3. " No. 32 — June 10. * No. 33 — June 17. " No. 34 — June 24. * No. 35— July I. " No. 36— July 8. » No. 37— July 15. " No. 38— July 22. * No. 39— July 29. " No. 40 — Aug. No. 41 — Aug. No. 42 — Aug. No. 43 — Aug. No. 44 — Sept. No. 45 — Sept. No. 46— Sept. No. 47 — Sept. No. 48— Sept. No. 49— Oct. No. 50— Oct. No. 51 — Oct. 21. No. 52— Oct. 28. 5- 12. 19. 26. 9- 16. 23. 30. 7- 14- P. N. L. A. P. N. L. A. P. N L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. P. N. L. A. .R.P.N.L.A. .R.P.N.L.A. .R.P.N.L.A. P. N. L. A. P. N. L. A. P. N. L. A. 259 JOHN PETER ZENGER No. 53— Nov. 4. 1734 P. N. L. A. No. loj— Nov. 10. 1735 P. N. L. A. No. 54— No7. II. " P.N.L.A. No. 106— Nov. 17. " P. L.A. (Printer arrested. Paper not No. 107 — Nov. 24. " P. L.A. published on Nov. 18). No. 108 — Dec. i. ' P. L.A. No. 55— Nov. 25. 1734 P.N.L.A. No. 109— Dec. 8. " P. L.A. No. 56— Dec. 2. " P.N.L.A. No. no— Dec. 15. " P. L.A. No. 57— Dec. 9. " P.N.L.A. No. in— Dec. 22. " P. L.A. No. 58— Dec. 16. " P.N.L.A. No. 112— Dec. 29. " P.N.L.A. No. 59— Dec. 23. " P.N.L.A. No. 60— Dec. 30. " P.N.L.A. No. 113— Jan. 5. I73S^6] P. L.A. No. 114 — Jan. 12. " P. L.A. No. 61— Jan. 6. I734-[5] P.N.L.A. No. 115— Jan. 19. ' P. L.A. No. 62— Jan. 13. " P. L.A. No. 116— Jan. 26. ' N. L. A. No. 63— Jan. 20. ' P. L.A. No. 117— Feb. i. " R.P. L.A. No. 64— Jan. 27. " P. L.A. No. 118— Feb. 9. " L.N. A. No. 65— Feb. 3. " P.N.L.A. No. 119— Feb. 16. ' L.A. No. 66— Feb. 10. " P. L.A. No. 120— Feb. 23. " N.L.A. No. 67— Feb. 17. " P.N.L.A. No. 121— Mar. i. ' N.L.A. No. 68— Feb. 24. " P.N.L.A. No. 122— Mar. 8. " R.N. L.A. No. 69— Mar. 3. " P.N.L.A. No. 123— Mar. ij. " N.L.A. No.'70— Mar. 10. " P. L. A. No. 124— Mar. 22. » N. L. A. No. 71— Mar. 17. " P.N.L.A. No. 125 — Mar. 29. 1736 R. L.A. No. 72— Mar. 24. " P. L. A. No. 126 — April 5. " A. No. 73— Mar. 31. 1735 P. L.A. No. 127 — April 12. " L.A. No. 74— April 7. " P. L.A. No. 128— April 19. " L.A. No. 75— April 14. " P. N. L. A. No. 129— April 26. " L. A. N0.76— April 21. " L.A. No. 130— May 3. " L.A. N0.77— April 28. " L.A. No. 131— May 10. " L.A. No. 78— May 5. " N.L.A. No. 132— May 17. ' L.A. No. 79— May 12. " L.A. No. 133— May 24. " L.A. No. 80 — May 19. ' L.A. No. 134 — May 31. " L.A. No. 81— May 26. " L.A. No. 135 — June 7. ' L.A. No. 82— June 2. " L. A. No. 136— June 14. ' L. A. No. 83— June 9. " N.L.A. No. 137 — June 21. • L.A. No. 84— June 16. " N.L.A. No. 138— June 28. " L.A. No. 85— June 23. " N.L.A. No. 139— July 5. " L.A. No. 86— June 30. ' N.L.A. No. 140— July 12. " L.A. No. 87— July 7. " L.A. No. 141— July 19. " A. No. 88— July 14. » L.A. No. 142— July 26. ' L.A. No. 89— July 21. " N.L.A. No. 143— Aug. 2. » L.A. No. 90— July 28. ' L.A. No. 144— Aug. 9. ' L.A. No. 91— Aug. 2. * L. A. No. 145— Aug. 16. " L. A. No. 92— Aug. II. " L.A. No. 146— Aug. 23. " A. No. 93— Aug. 18. " L. A. No. 147— Aug. 30. " A. No. 94— Aug. 25. " L.A. No. 148— Sept. 6. " A. No. 95— Sept. I. " L.A. No. 149— Sept. 13 " R. L.A. No. 96— Sept. 8. " P. L.A. No. 150— Sept. 20. " A. No. 97— Sept. 15. " P. L. A. No. 151— Sept. 27. " A. No. 98— Sept. 23. " P. L.A. No. 152— Oct. 4. " A. N0.99— Sept. 27. " P.N.L.A. No. 153— Oct. 11. " A. (2 pages only). No. 154— Oct. 18. " A. No. 100— Oct. 6. " P.N.L.A. No. 15J— Oct. 25. " A. No. loi— Oct. 13. " P. L.A. No. 156— Nov. i. " A. No. 102— Oct. 20. ' P. L.A. No. 157— Nov. 8. " A. No. 103— Oct. 27. " P. L.A. No. 158— Nov. 15. " A. No. 104— Nov. 3. " P. L.A. No. 159— Nov. 22. " L.A. 260 ISSUES OF NEW YORK WEEKLY JOURNAL No. i6o — Nov. 29. 1736 No. 161— Dec. 6. " No. i6i — Dec. 13. " No. 163 — Dec. 20. ' No. 164 — Dec. 27. " No. 165 — ^Jan. 10. iTi6-{-j].. No. 166— Jan. 17. " No. 167 — ^Jan. 24. " No. 168— Jan. 31. ' No. 169 — No. 170 — Feb. 14. ' No. 171 — Feb. 21. ' No. 172— Feb. 28. ' No. 173 — Mar. 7. " No. 174 — Mar. 14. ' No. 175— Mar. 21. ' No. 176 — Mar. 28. 1737 No. 177— April 4. " No. 178 — April II. ' No. 179— April i8. " No. 180— April 25. ' No. 181— May 2. ' No. 182— May 9. ' No. 183— May 16. ' No. 184— May 23. ' No. 185 — May 30. * ...... No. 186— June 6. ' No. 187 — June 13. " No. i88— June 20. ' No. 189— June 27. " No. 190 — June 27. " No. 191— July 4. ' No. 192 — ^July II. ' No. 193— July 18. " No. 194— July 25. ' No. 195— Aug. I. " No. 196— Aug. 8. • No. 197 — Aug. 15. " No. 198 — Aug. 22. ' No. 199 — ^Aug. 29. ' No. 200 — Sept. 5. ' No. 201 — Sept. 13. ' No. 202 — Sept. 20. * No. 203 — Sept. 26. ' No. 204— Oct. 3. ' No. 205— Oct. 10. ' No. 206— Oct. 17. ' No. 207 — Oct. 24. ' No. 208— Oct. 31. ' No. 209 — Nov. 7. ' No. 2IO — Nov. 14. " No. 211 — Nov. 21. ' No. 212 — Nov. 28. ' No. 213 — Dec. 5. ' No. 214 — Dec. 12. ' L.A. L.A. L.A. A. L.A. A. A. L.A. L.A. A. L.A. L.A. L.A. L.A. L.A. L.A. L.A. L. L.A. L.A. L.A. L.A. L.A. A. A. L.A. A. A. A. L.A. L.A. L.A. L.A. L.A. L.A. A. L.A. L.A. L.A. A. L.A. L.A. L.A. A. A. A. A. A. A. A. A. A. A. A. No. 215 — Dec, 19. 1737. No. 216 — Dec. 26. • A. A. 17- 24. 3°- 6. 13- 20. 6. 13- No. 217 — No. 218— No. 219 — Jan. No. 220 — ^Jan. No. 221 — ^Jan. No. 222 — Feb. No. 223 — Feb. No. 224 — Feb. No. 225 — Mar. No. 226 — Mar. No. 227 — Mar. 21 No. 228 — Mar. 27. No. 229 — April 3. No. 230 — April 10. No. 231 — April 17. No. 232 — April 24. No. 233 — May i. No. 234 — May 8. No. 235 — May 15. No. 236 — May 22. No. 237 — May 29. No. 238 — ^June 5. No. 239 — June 12. No. 240 — June 19. No. 241 — June No. 242 — July No. 243 — July No. 244 — July No. Z45 — July No. 246 — July No. 247 — Aug. No. 248— Aug, I737^8] L. 1738. 26. 3- 10. 17- 24. 31- 7- 14. L. L. L. '. L. L. L. L. L. • L. » L. " L. " L. ' L. " L. ' L. • ."ZZ"Z L. ' N. L. • N. L. ' N. L. ' N. L. ' N. L. ' N. L. ' N. L. ' N. L. ' N. L. ' L. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. (Tbe date is misprinted "Aug. 41" in one of the Lenox copies). No. 249 — ^Aug. 21. ' N. L. No. 205— Aug. 28. ' N. L. No. 260— Sept. 4. ' N. L. No. 261 — Sept. II. ' L. No. 262— Sept. 18. " L. No. 262— Sept. 25. ' L. No. 263— Oct. 2. " N. L. No. 264— Oct. 9. ' L. (There are two issues with variations). No. 255 — Oct. No. 257 — Oct. No. 258— Oct. No. 257 — Nov. No. 258 — Nov. No. — [Nov. 20.] No. 259 — Nov. 27. (6 pages). No. 260 — Dec. 4. No. —[Dec. II.] 15- 23. 3°- 6. '3- A. A. A. A. A. A. A. A. A. A. A. A. A. L.A. L.A. 261 JOHN PETER ZENGER No. 263 — Dec. 18.1738 N. L. A. No. 316 — Jan. 1. i739-[4o] D. No. 263— Dec. 25. " N.L.A. No. 317— Jan. 7. " D. No. 318— Jan. 14. ' D. No. 264— Jan. I. 1738-[9] N.L.A. No. 319— Jan. 21. ' D. No. 265— Jan. 8. " N. L. A. No. 320— Jan. 28. ' D. No. 266— Jan. 15. " N.L.A. No. 321— Feb. 5. ' D.N. No. 267— Jan. 22. ' L. A. No. 322— Feb. 11. " D. No. 268— Jan. 29. ' N.L.A. No. 323— Feb. 18. ' D. No. 269— Feb. 5. ' N.L.A. No. 324— Feb. 25. ' D. No. 270— Feb. 12. " N. L. A. No. 325— Mar. 3. ' D. L. No. 271— Feb. 19. " N. L. A. No. 326— Mar. 10. ' D. L. No. 272— Feb. 19. ' L. No. 327— Mar. 17. " D. L. No. 272— Feb. 26. " L. No. 328— Mar. 24. ' D. No. 273 — Mar. 5. ' L. No. 329 — Mar. 31. 1740 D. No. 274 — Mar. 10. ' L. No. 330 — April 7. " D. No. 275— Mar. 19. " L. No. 331 — April 14. ' D. No. 276— Mar. 26. 1739. ^- ^°' 33* — '^P"' *'• ' ■''• No. 277— April i. " N. L. No. 333— April 28. ' D. No. 278— April 9. " N. L. No. 334— May 5. ' D. No. 279 — April 16. * N. L. No. 336 — May 12. ' D. No. 280— April 21. " N. L. No. 337 — May 19. " D. No. 281— April 30. " N.L. No. 338— May 26. " D. No. 282— May 8. ' N.L. No. 339— June ^. " D. No. 283 — May 15. " N.L. No. 340 — June 9. " D. No. 284 — May 21. " L. No. 341 — June 16. " D. No. 285— May 28. " L. No. 342 — ^June 23. " D. No. 286— June 4. " L. No. 343— June 30. " D. No. 287 — June 11. " L. No. 344 — July 7. ' D. No. 288— No. 345— July 14. " D. No. 289— June 25. " L. No. 346— July 21. " D. No. 290— July 2. ' L. No. 347 — July 28. ' D. No. 291 — July 9. " L. No. 348 — Aug. 4. " D. No. 292 — No. 349 — Aug. II. ' D. No. 293 — No. 350— Aug. 18. " D. No. 294 — No 351 — Aug. 25. " D. No. 295— No. 352— Sept. I. ' D No. 296— No. 353— Sept. 8. " D. No. 297 — No. 354 — Sept. 15. " D. No. 298— Aug. 27. » L. N. No. 355— Sept. 22. ' D. No. 299 — No. 356 — Sept. 29. " D. No. 300 — No. 357— Oct. 6. " N. D. L. No. 301— No. 358— Oct. 13. " D. No. 3C2 — No. 359— Oct. 20. " D. No. 303 — No. 360 — Oct. 27. " D. No. 304 — No. 361 — Nov. 3. ' D. No. 305 — No. 262 — Nov. 10. " D. No. 306— Oct. 22. ' D. No. 363 — Nov. 17. ' D. No. 307 — Oct. 29. ' D. No. 364 — Nov. 24. ' D. No. 308— Nov. 5. ' D. No. 365— Dec. i. ' D. No. 309— Nov. 12. ' D. No. 366— Dec. 8. ' D. No. 310 — Nov. 19. ' D. No. 367— Dec. 15. " D. No. 311— No. 368— Dec. 22. ' D. No. 312— Dec. 3. ' D. No. 369— Dec. 29. ' D. No. 313 — Dec. 10. ' D. No. 314— Dec. 17. " D. No. 370— Jan. 5. i74o-[i] D. L. No. 315— Dec. 24. ' D. A. No. 371— Jan. 12. • D. 262 ISSUES OF NEW YORK WEEKLY JOURNAL No. 372 — Jan. 19. No. 373 — Jan. 26. No. 374 — Feb. i. No. 375 — Feb. 9. No. 376 — Feb. 16. No. 377 — Feb. 23. No. 378 — Mar. 2. No. 379 — Mar. 9. No. 380— Mar. 16. No. 381 — Mar. 23. No. 382 — Mar. 30. No. 383— April 6. No. 384 — April 13. No. 385 — April 20. No. 386 — April 27. No. 387 — May 4. No. 388— May n. No. 389 — May 18. No. 390 — May 25. No. 391 — May 31. No. 392 — June 8. No. 393 — June 15. No. 394 — June 22. No. 395 — June 29. No. 396 — July 6. No.397-July 13- No. 398 — July 20. No. 399 — July 27. No. 400 — Aug. 3. No. 401 — Aug. 10. No. 402 — Aug. 17. No. 403 — Aug. 24. No. 404 — No. 405 — Sept. 7. No. 406 — Sept. 14, No. 407 — Sept. 21. No. 409— Sept. -° No. 410 — Oct. No. 411— Oct. No. 412 — Oct. 10. No. 413 — Oct. 26. No. 414 — Nov. i. No. 415 — Nov. 9. No. 416 — Nov. 16. No. 417 — Nov. 23. No. 148 — Nov. 30. No, 419 — Dec. 8. No. 420 — Dec. 14. No. 421 — Dec. 21. No. 422 — Dec. 28. No. 423 — Jan. No. 424 — ^Jan. No. 425 — Jan. No. 426 — Jan. No. 427 — Feb. 28. 5- • 2. 18. i740-{i] N. D. L. ' D. ' D. " D. ' D. ' D. ' D. ' D. ' D. " D. 1741 D- " D. ' D. • D. A. ' D. • D. ' D. ' D. ' D. ' D. • D. ' D. ' D. ' D. • D. ' D. ' D. » D. ' D. ' D. ' D. ' D. D. ..D. ..D. ..D. L. ..D. -D. -D. A. D. -D. ..D. -D. ..D. ..D. D. D. L. . D. L. ..D. L. 4. 17414^] L. II. ' L. 18. • L. 25. • L. I. • L. No. 428— Feb. 8 No. 429 — Feb. 15 No. 430 — Feb. 22 No. 431 — Mar. i No. 432 — Mar. 8. No. 433 — Mar. 15. No. 434 — Mar. No. 435 — Mar. No. 436— April No. 437— April No. 438 — April No. 439 — April No. 440 — May No. 441 — May No. 442 — May No. 443 — May No. 444 — May No. 445— No. 446 — June No. 447 — June No. 448 — June No. 449 — July No. 450 — July No. 451 — July No. 452 — July No. 453— Aug. No. 454— Aug. No. 455— Aug. No. 456 — Aug. No. 457— Aug. No. 458— Sept. No. 459 — Sept. No. 460 — No. 461 — Sept. No. 462— Oct. No. 463— Oct. No. 464— Oct. No. 465 — No. 466— No. 457 — Nov. No. 458 — Nov. No. 469 — Nov. No. 470 — Nov. No. 471 — Nov. No. 472 — Dec. No. 473 — Dec. No. 474 — Dec. No. 475 — Dec. No. 476 — Jan. No. 477 — Jan. No. 478 — Jan. No. 479 — Jan. No. 480 — Jan. No. 481— Feb. No. 482— Feb. 1742. 1741-t] L. ' L. " N. L. " L. ' L. " L. ' L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. 174^-b] I" ' L. ' L. ' L. • L. • _ L. • L. 263 JOHN PETER ZENGER No. 483— Feb. 21 i742-[3] L. No 484— Feb. 28. " L. No. 485— Mar. 7. " L. No. 486— No. 487 — Mar. 21. " L. No. 488— Mar. 28. 1743 L. No. 489 — April 4. " L. No. 490 — April II. " L. No. 491— April 18. " L. No. 492 — April 25. " L. No. 493— May 2. " L. No. 494— May 9. " L. No. 495 — May 16. " L. No. 496 — May 23. " L. No. 497 — May 30. " L. No. 497 — May 30. ' L. (Number is misprinted 497 for 498, and date is misprinted May 30 for June 6). No. 499 — June 13. " L. No. 500 — June 20. " ....- L. No. 501 — June 27. " L. No. 502 — July 4. " L. No. 503— July II. " L. No. 504 — July 18. " L. No. 505— July 25. " L. No. 506 — Aug. I. " L. No. 507 — Aug. 8. " L. No. 508 — Aug. 15. " L. No. 509 — No. 510 — Aug. 29. " L. No. 511— Sept. 5. " L. No. 512— Sept. 12. " L. No. 513 — Sept. 19. " L. No. 514 — Sept. 26. " L. No. 515— Oct. 3. " L. No. 516— Oct. 10. " L. No. 517— Oct. 17. " L. No. 518— Oct. 24. " L. No. 519— Oct. 31. " L. No. 520 — Nov. 7. " ... L. No. 521 — Nov. 14. ° L. No. 522 — Nov. 21. " L. No. 523— Nov. 28. " L. No. 524^ No. 525— Dec. II. " L. No. 526 — Dec. 19. " L. No. 527 — Dec. 26. " L. No. 528— Jan. 2. 1743-W L. No. 529 — Jan. 9. " L. No. 530 — Jan. 16. " L. No. 531 — Jan. 23. " L. No. 532 — Jan. 30. " L. No. 533— Feb. 6. " L. No. 534 — Feb. 13. " L. No. 535— Feb. 20. 1743-W- No. 536— Feb. 27, " No. 537 — Mar. 5. " No. 538— No. 539 — No. 540 — No. 541 — April 2. 1744 N. No. 543— No. 544— No. 545— April 30. " No. 546 — No. 547— No. 548— No. 549— No. 550— No. SSI- No. 552 — No. 553— No. 554— No. 555- No. 556— No. 557— No. 558— No. 559— No. 560— No. 561— No. 562 — No. 563— No. 564— Sept. 3. ' No. 565— No. see- No. 567— No. 568— No. 569— No. 570 — No. 571 — No. 572 — No. 573 — No. 574— No. 575 — Nov. 19. " No. 576 — No. 577— No. 578- No. 579 — Dec. 17. ' N. No. 580— No. 581 — No. 582— No. 583— No. 584— No. 585— Jan. 28. 1744-[s] N. No. 586— Feb. 4. ' N. No. 587— No. 588— No. 589— Feb. 25. " N. No. 590 — L. L. L.A. A. ...N. ,..N. 264 ISSUES OF NEW YORK WEEKLY JOURNAL No. 591 — Mar. 11. i744-[5] N. No. 646 — April 28. 1746 N No. 591 — No. 647 — No. 593 — Mar. 25. 1745 ■'^- ^°- *4^ — No. 594 — April I. • N. No. 649 — May 19. " N. No. 595— April 8. ' N. No. 650— No. 596— No. 651— No. 597 — No. 651 — June 9. ' N. No. 598— No. 653— June 16. ' N. No. 599 — No. 654 — June 23. ' N. No. 600— No. 655— July 14. ' A. No. 601— No. 656— No. 602— No. 657— No. 603— June 3. ' N. No. 658— No. 604— June 10. ' N. No. 659— July 28. • .N. No. 605 — No. 660 — No. 606— No. 661— No. 607— No. 662— No. 608— No. 663— No. 609 — No. 664 — Sept. 1. ' N. No. 610— No. 665— No. 611— No. 666— No. 612— Aug. 5. • N. No. 667— No. 613— No. 668— No. 614— No. 669— Oct. 3. • _ A. No. 615— Aug. 27. ' N. No. 670— No. 616— Sept. 2. • N. No. 608— Oct. 27. ' No. 617— No. 672— No. 618— No. 673— No. 619— No. 674— No. 620— Sept. 30. ' N. No. 675— Not. 24. ' N. No. 621— No. 676— No. 622— No. 677— No 623— No. 678— No. 624— No. 679— No. 625- No.68o-Dec. 29. ' N. No. 626— , , No. 627— No. 68 1— Jan. 5. 174H7] N. No. 628— Dec. 16. • .-.. N. No. 682— No. 629— No. 683— No. 630— No. 684— No. 631- No.685-Feb. x. ' N. No. 632— No. 686— No. 633- No.687-Feb. 17. A. No. 688— No. 634.— Jan 27. i745-[6] N. No. 689— No. 635— No. 690— No. 636— Feb. 10. " N. No. 691— No. 636— Feb. 17. ' N. No. 692— Mar. 23. ' N. A. No. 638— Mar. 3. ' N. No. 693— Mar. 30. 1747 N. No. 639— No. 694— April 6. ' N. No. 640— No. 695— No. 641— No. 696— No. 642— No. 697— April 27. • N. No. 643— No. 698— No. 644— No. 699— No. 645- No. 700— May 18. N. 265 JOHN PETER ZENGER No. 701 — May 25. 1747 N. No. 756 — No. 702^ No. 757 — June 20.1748 A. No. 703^ No. 758 — June 27. ' N. A. No. 704— No. 759— July 4. • A. No. 705— No. 760— No. 706— No. 761— July 18. • N. A. No. 707— July 6. ' — -N. No. 762— July 25. ' A. No. 708— No. 763— Aug. I. ' N. A. No. 709— No. 764 — Aug. 8. ' A. No. 710— No. 765— Aug. 15. ' A. No. 711— Aug. 3. ' - W. No. 766— Aug. 22. ' N. A. No. 712— No. 767— No. 713— No. 768— Sept. 5. ' A. No. 714— Aug. 24. ' N. No. 769— Sept. 12. ' A. No. 715— Aug. 31. ' N. No. 770— Sept. 19. ' N. A, No. 716— No. 771— Sept. 26. ' A. No. 717— Sept. 14. ' _ A. No. 772— No. 718— No. 773— No. 719— Sept. 18. ' N. No 774— Oct. 17. No. 720 — No. 721— Oct. 12. ' N. No. 775— Oct. 24. ' A. No. 722 — Oct. 19. ' A. No. 776 — Oct. 31. ' A. No. 723— No. 777— Not. 7. * A. No. 724— No. 778 — Not. 14. ' A. No. 725 — Not. 9. ' _N. A No. 779 — No. 726— No. 780— No. 727— No. 781 — No. 728— No. 782— Dec. 12. No. 729 — Dec. 7. • A. No. 783 — No. 730 — No. 784 — Dec. 26. No. 731— Dec. 21. ' N. A. No. 785— Jan. 2. No. 732 — No. 786 — Jan. 9. No. 733 — (A Supplement No. 734— No. 735 — No. 787 — Jan. 13. No. 788— No. 736 — Jan. 25. i747-[48] A. No. 789 — ^Jan. 30. No. 737— Feb. I. ' N. A. No. 790 — No. 738— Feb. 8. ' N. No. 891— Feb. 13. No. 739 — Feb. 15. ' N. No. 792 — No. 740 — No. 793 — Feb. 27. No. 741 — No. 794 — No. 742 — Mar. 7. ' A. No. 795 — No. 743— Mar. 14. ' JN. No. 796 — Mar. 20. No. 744 — No. 797 — No. 745— No. 798— No. 746— April 4. 1748 N. (A Supplement was issued). No. 747 — No. 799 — No. 748— No. 800— No. 749— No. 801— No. 750 — No. 802— May i. 1749 N. No. 751— May g. ' N. A. No. 803— May 8. ' N. No. 752— No. 804— May 10. ' A. No. 753— May 23. ' A. No. 805— May 22. ' A. No. 754— May 30. • _ A. No. 806— No. 755— No. 807— June 5. ' A. 266 n . N. * ...N. It .......N- It If It "NT. m If K- w m H w m r m N. m . N. m isr. iras issued). w N. w N. m N. » N. ISSUES OF NEW YORK WEEKLY JOURNAL No. 708 — June 12.1749 N. A. No. 853— April 31. 1750 A. No. 871 — June 19. " N. No. 854— May 9. " N. A. No. 810— June 26. ' A. No. 855— No. 811— July 3. ' N. A. No. 856— No. 812— July 10. " A. No. 857— May 28. " N. No. 813— July 17. ' A. No. 858— June 4. " N. A. No. 814 — July 24. ' A. No. 859— June 11. ' A. No. 8 1 5— July 30. ' A. No. 860— No. 816— Aug. 7. ' A. No. 861— No. 8 17— Aug. 14. ' A. No. 862— July 2. ' N. No.8i8— Aug. 21. ' A. No. 863— July 9. ' N. No. 802— Aug. 28. ' N. A. No. 864— No. 820— No. 865— No. 821— No. 866— No. 822— Sept. 18. ' N. A. No. 867— Aug. 6. " A. No. 823— Sept. 25. ' A. No. 868— No. 824 — No. 869 — Aug. 20. " N. A. No. 825— No. 870— No. 826— Oct. 16. ' _ A. No. 871— Sept. 3. ' N. No. 827— No. 872— No. 828— No. 873— Sept. 17. ' A. No. 829— No. 874— Sept. 24. " A. No. 830— No. 875- No. 831— No. 876— Oct. 8. ' A. No. 832— No. 877— Oct. 15. ' A. No. 833— No. 878— Oct. 22. " A. No. 834— No. 888— Oct. 29. ' A. No. 835— No. 880— No. 836— No. 881— No. 882— No. 837— Jan. 2. i749-{5o] .N. No. looi— Nov. 26. 1750 A. No. 838— No. 1002— Dec. 3. ' A. No. 839— No. 1003— No. 840 — No. 1004 — No. 841— No. 1005— No. 842 — No. 1006 — No. 843— No. 1007— No. 844— Feb. 19. • .N. No. 1008— Jan. 14. i750-[i] N. A. No. 845— Feb. 27. • N. A. No. 1009— No. 845— Mar. 5. » A. No. 1010— N0.846— Mar. 12. ' A. No. loii— Feb. 4. i750-[i] N, No. 847— Mar. 19. ' A. No. 1012— No. 848— No. 1013- No. 849— April 2. 1750 N. A. No. 1014— No. 850— April 9. " N. A. No. 1015— N0.851— AprU 15. • N. A. No. 1016— No. 852— No. 1017— Mar. 18. ' N. 267 INDEX INDEX •■AGE PAGE A Beeeman, Gekrardus 245 "Aanbiddelyke wegen Gods," etc. . . 117 ?,^^^' J""" • 6*. '93 Acts and Laws passed 1737 .... 160 l^''^°^o^-^. Governor 29 "Adorable ways of God," etc 138 ^,'^''"™''^^^' ^"-"" ^- ■ '*°< H", 168 Alexander, James. Letter to Golden f^'^ ^°'f tavern 26, .26 6, II, 12, 13, 16; Letter from Living- Blagge, Mr ,92 ston 23-24; Letter from Vincent Mat- ^°°*''\, ,T\t ' 't' ' ' " *«. ^45 hews 24; Letter to London 24; Letter ^°''°° ^"^7 ^ews Letter • ■ . • • 7 to Hunter 28, 29, 34; Letter to Morris Bradford, William, 26, 27^ Facsimile 35-36; Anonymous letter to Mrs. Alex- of title-page of "Klagte -.136,137 ander 35; Exceptions in behalf of Zen- Bradley, Richard, 10, 12, 22, 63, ger,48-49; Disbarment, 49-51 ; Com- *♦' *'*• ^°' "3. «S> »7, 89, plaint to the Assembly 52-56; Letter 9' - 95. 106, "6- 118, 123, 127, from Lewis Morris, Jr., 57-58; Letter '?*' '97-199. ^°h 202, 204, 206, from Hamilton. 58, 60, 62, 63; Letter ='°9-"2. ^M-"?. "*, "7, 234- to Hamilton, 127; "Argument of the „„ • c -nt ^- c ^t .-. j t?' i **° _, .,,'.",, °_, ,, "Brief Narrative of the Case and Tryal Council for Rip Van Dam, 14c; -„ „ _ . ^^ ,. .-' "Complaint of James Alexander and ofZenger i55;Reprintoffirstedmon, William Smith," 153; "Vindication sYmik of ti^le- Te' '*^"^"' ' 2 of Alexander and Smith" 148, 140, 182 ,,„ .,,..,. ■ ^ ,','„' \_ ' ' ,', * o^ o oD o "Bnei Vmdication of the Purchassors, 186, 187, 188, 180, 190 ^ ' , ,, c i o /: etc 166, 167 Almanac for 1742, 164; 1843,16;; 1747, t, a t a c rV Brockholst, Anthony 11 167; 1748, 167; 1749, 168; 1750, _ ., " '^ ' " '^'' , I (^ Burger, Johannes . . 242, 243, 245 ,, . „..,_,., ,,9' '5 ' 9 Bushel's Case, 112, 114, 123, 231, 233, 240 " American Cnmmal Trials ... 253 _ „ ' ' f i' i ' H' f . _,., .• 1 c ■ ^ Byvanck, Evert, 242, 243 American Philosophical Society ... 12 t > tj Andros, Governor 22 q "Answer to the Council of Proprietor's „ , . , ■ , o _.,..,, '^ , Campbell, Alexander . . 143, 14c, 148 Pubhcations 167 „ ' „ -rj. tj. t , AT 1: Campbell, Governor 32 Archdickne, Andrew, Letter to . . 164 ,,„ ., , ,, ■; "Arithmetica of Cyffer-Konst," etc. 28, 142 Car"aret,°Governor '.'.'.'.'.'. \^ Atons, Sir Edward . 104,105,225,226 Censorship of Press 30,130 „ Chambers, John, 23, 56, 57, 62, * 69, 74. 127. 19°. '9'. '92. '93. Barbarie, John II 198, 202 Ba^nardiston, Sir Samuel, 85, 103, Chandler, P. W., "American Criminal 211, 224 Trials" 253 Bayard, Stephen . 127, 242, 243, 244 "Charge given by Chief Justice to the Becker, Frederick 129 Grand Jury" 139 271 JOHN PETER ZENGER "Charter of the City of New York" . . 152 City HaU 8, 25, 61 Clarke, George . 22, 131, 155, 158, 176, 178, 181 COLDEN, CaDWALADER, 6, 23, 29, 176, 178 "Commission to William Cosby" . . .155 *' Complaint of James Alexander and Wil- liam Smith, to the General Assembly" 153 "Complete Collection of State Trials" 254. 25s "Consilium in Arena," etc 141 CooKE, Samuel 142 Coot, Governor 32 Cornbhrt, Governor . . 5, 22, 32 CORTLANDT, PhILIP . I75, I76, I78 18I Cosby, William, 4, 5, 6; Letter to Van Dam, 6; Governor of Minorca, 7; re- ception described in Boston Weekly News Letter, 7; Salary, 8-10; Court of Exchequer, 9; Letter to London Board of Trade, 12, 13, 14, 15; Letter from Lewis Morris, 15, 16, 17, 19, 20; Deed from Mohawk Indians, 21; Quaker Votes, 21; Political parties, 22, 23, 26, 28, 29, 30, 31, 32, 34; Let- ter to London Board of Trade, 34, 35, 37.38.39'4i.42.44.46.48,49.5^>S3. 54, 56, 57; Trial of Zenger, 60-125, 61, 62; Information to the Court, 63-68, 73. 74. 76, 77, 78. 86, 105, 117, ii8, 124, 125, 131, 145, 146, 147, 148, 154; Commission for the Government of New York, 155, 178, 181, 185, 186, 187, 194, 204, 205 Court of Exchequer .... 9, 28, 49 D "Damon and Alexis" IJI "Danger of forgetting God" .... 152 "Dangers of Schisms and Contentions" 161 ''Defense of a Sermon," etc 158 DeLancey, Etienne II DeLancey, James, 11; Commissioned Chief Justice, i6, 22; On libels, 33, 34, 39, 40, 47, 48; Disbarment of Alexand- er and Smith, 49-51 ; Complaint of Alex- ander and Smith, 52-56 ; Information to the court, 63-68, 70, 81, 82, 87, 88, 92, 93; Charge to the Jury, 124-125, 126; "Charge to the Grand Jury," 139; "Observations on the Charge,'* 149, 173; Information to the Grand Jury, 173-175. '76. 178, 181, 182, 184, 185, 186, 188, 189, 190, 191, 192, 193 ; Information to the Court (Reprint), 194-197, 199 207, 208, 212, 213, 216, 217, 218; Charge to the Jury (Reprint) 240-241 DeFeyster, Abraham 245 DePeyster, Ann 35 Dickinson, Jonathan 140, 153, 158, 161 Dunbar, Jeremiah 45, 181 E " Espousals," etc 152 " Eleutherius Enervatus," etc 146 Evening Post 128 "Farther proceedings in the Case of Rip Van Dam" 147 Fearn, William 18, 19 Fell, Christopher . . . 242, 243, 244 Ferrers, Robert de . . .82, 83, 208 Fletcher, Governor 22 Foster, William 22 Fred, John 242, 243 Freeman, Bernardus 139 Frilinghuisen, Theodorus J. . 137, 140 Fuller's Case 86, 211 Garden, Alexander . . 162, 164, 165 Garretson, Mr 176, 177 "Geestelyk died," etc 163 "Geheime unt offentliche ansprache," etc 168 "Gertouwe Herder-en Wachter-stem," etc 140 GoELET, Jacob 161, 163, 165 GoELET, John 62, 193 Graham, Isabella 11 Graham, James . it Haeghoort, Gerard 160 Hales, Sir Edward, 103, 104, 123, 224, 225, 240 Hamilton, Andrew, portrait, facing title-page, 57, 58, 59, 62, 63; De- fence,69-i25;Dinner to Hamilton, 126; Freedom of the Corporation, 126-127; Letter from Hamilton, 127; Letter from Zenger, 132; Defence of Zenger, 198-241 ; Freedom of the Corporation, 242-245 Hamilton, John 35 272 INDEX Hakison, Francis, 22, 28, 29, 31, 35. 36. 37i 44. 46. I4S. i49> "S'. 176, 178, 179, 181 "Heads of Articles of Complaint" . . 151 "Heerlykheit der Genade," etc. . . . 141 HiLDEBUKK, Charles R., ix, 138, 139, '53. "65, 167 HiLDRETH, Benjamin 62, 193 Holmes, Stanley 62, 193 Holt, Chief Justice, 80, 86, 87, 124, 207, 212, 241 HOKSEMANDEN, DaNIEL, i6, 22, I76, 178, 181, 242, 245 Howell, B. T., "Collection of State Trials," 254 Hunt, Thomas . . .62, 125, 193, 241 Hunter, Governor Robert 22, 28, 32 Hurley, Governor 32 "Intercession, Every Christian''s Duty" 161 "Interest of the Country in laying Duties" 138 Jackson, James 151 Jefferies, Judge 85,211 Jeneih, Griffin 166, 167 Johnson, Samuel 142, 147 Johnson, Simon . 38, 242, 243, 244, 245 Jury, List of 62, 193 Keimer, Samuel. Caribbeana . . . 254 Kennedy, Archibald, 22, 176, 178, 181 Keteltas, Abraham 62, 193 "Keten der Geddelyke Waarheden," etc 159 KiNSEY, John 57 "Klagte van eenige Leeden," etc. . . 137 KooK, John George 129 "Korte Handleiding," etc 163 "Korte Schets en Ontwerp," etc. . . . 141 Lane, Mathias . . . IZ9, 176, 178, 181 Lawrence, Capt. Peter 164 "Leersam ondersoek der Waarheid," etc 165 LeRoux, Charles 242, 243 Letters: James Alexander to Golden, 6; to Hamilton, 127; to Hunter, 28; to Livingston, 23; to ~ London, 24; to Morris, 35; Cosby to Van Dam, 6;Kin- sey to Alexander and Smith, 57; V. Matthews to Alexander, 24: Morris to Alexander, 57 ; to Cosby, 15 ; Van Dam to Cosby, ...... 16, 17 "Letter from a Gentleman in the Coun- try." etc 14J " Letter from a Gentleman in New York," etc 147 "Letter from James Jackson," etc. . .151 "Letter from Capt. Peter Lawrence," etc 164 "Letter from a Minister" 147 "Letter from Van Dam to the General Assembly" 1J4 Letter to the New York Weekly Journal 37. 38 "Letter to one of the Members of the General Assembly" 154 "Letter to a Parishioner," etc. . . .142 "Letter to Adolph Philipse " . . . . 139 "Letter to Mr. Vesey and Subalterns," etc 145 "Letter to Mr. Zenger" 150 Livingston, Philip, 23, 176, 177, 178, 181 London Board of Trade .... 12, 34 Lurting, Robert .... 35, 42, 178 Lyne, James 50 Lyhssen, Anneee, 129 M Man, Edward 62, 193 Marschalk, Andries . . . . 6z, 193 Marsh, Queen 18, 19 Mathews, Vincent 23, 24 Maulin, Anna Catharina 27 "Maxima libertatis custodia est," etc. 143 Mills, James 5 Mohawk Indians 21 Montanye, Brachy 129 Montgomerie, Governor John .5, 13 Moore, Sir H 23 More, John 38, 242 Morris, Fred . 46, 177, 178, 182, 187 Morris, Lewis, 8, 10, 11, 14; Removal from office, 15; Letter to Cosby, 15, 21,23; Portrait, 28 , 29 ; Interview with magician, 3 1-32, 34; Letter from Alex- ander, 35-36, 60, 63, 126; "Opinion and Argument of Chief Justice," etc., 148; "Speech of his excellency, Lewis Morris, 160;" "To his excellency, Lewis Morris" .... . 162, 184 Morris, Lewis, Jr. . . . 23, 29, 57 Morris, Gouverneur . . ... 131 Morris, Richard ... ... 10 Murray, Joseph .... . 23, 37 Myer, Edie ... 38 273 JOHN PETER ZENGER N "Necessarius. Sermon preached at Fun- eral of Davenport" 142 New York City, Charter of . . . 10, 152 New York Weekly Gazette, 25, 26, 30 31. 3». 35. 36. 38 New York Weekly Journal, Founding, 28-29: Censorship of Press, 29-30; Ad- vertisement of Spaniel lost and re- turned, 31-32; Morris's interview with magician, 31-32; Thursday Journals, 33, 34; Letter to the Journal, 37-38; Order to bum Journals, 38-43, 176- 179; Reward for author of Songs, 42- 43; Protest against the order to burn Journals, 43; Journals burned by negro, 45, 181; Zenger arrested, 45, 182; To patrons from prison, 46-47; Alexander and Smith's complaint, 52-55, 60, 61 ; the Jury, 62 ; Information to the Jury, 63-68; Facsimile of first page of Journal, 64; Defense, 69-125; Acquittal, 125, 127, 128, 129; Bibliog- raphy, 149, 151, 153, 156, 159, 161, 162, 164, 165, 166, 167, 168, 169, 170; List of Issues 259-267 Nicholson, Governor .... 115, 233 NoRRis, Capt 58, 126 Northampton, John de, 82, 84, 208, 209 "Noxon's Observations upon Campbell's Vindication" 143 "Nullum tempus," etc 144 "Observations on the Charge to the Grand Jury" 149 "Observations on the Reasons given by Mr. Hamilton's Advisers" .... 156 " Observations upon Campbell's Vindica- tion" 143 "Opinion and Argument of the Chief Justice" 148 Patent for the Oblong 142 Pemberton, E 152 Philipse, Frederick, ii, 16, 22, 40. 48, 5°. 53. 54. 186, 188, 189, 190, 191, 192 Powell, Justice .... 84, 85, 210 Princeton College 12 "Proceedings of Rip Van Dam," etc. . 146 "Protestation," by Alex. Campbell . . 148 Q Quaker Vote 21 "Querists," etc 162 QuiNBT, Josiah 163 Ravensworth, Adam de . . . 82, 20S Remarks on the Trial of Zenger, 249, 251 "Remarks upon a Discourse," etc. . . 140 Richards, Paul .... 242, 243, 245 "Ridentum dicere verum Quid velat?" . 150 Romopock to Purchasers 166 RooME, William .... 242, 243, 245 Rutgers, Hermanus 62, 193 Sacheverell, Dr.Henry, 44, 76, 180, 203 "Samenspraak,"etc 138 Sawyer, Sir Robert 84, 210 Scot, Sir William 82, 208 Seaford, The Ship 18, 19 Sermons by Alexander Garden . . . .164 "Sermon preach 'd at Philadelphia" . . 152 *'Short Direction for an Unregenerate Sinner" 161 "Short History of a Long Journey" . .163 Srarpas, William 244, 245 "Sir, in my Former," etc 139 Smith, William, . 12, 13, 16, 23, 29. 34. 35. 36. 37. 48; Disbar- ment, 49-51; Complaint to the As- sembly, 52-56; 57, 58, 60, 62; "Argu- ment of the Council," 145; Complaint to the General Assembly," 153; Vindi- cation of Alexander and Smith," 148, 149, 182, 186, 187, 188, 189, 190 "Song made upon the Election,"" . . 150 "Speech of George Clarke," June 16 .158 "Speech of George Clarke," Sept. 2 . . 158 Spine, William 18, 19 "Spiritual Journey Temporaliz'd," . . 164 Stoutenburgh, Peter 245 Stutvesant, Gerardus . . 23, 38, 242 Sydnet, John 144 Syhes, John 43 Tencate, Jacob 156 Tennent, Gilbert 152 Thomas, Isaiah 129 "To F-H-Esq.," 145 "To the the Author of those Intelli- gencers" 145 274 INDEX "To the Honourable Adolph Philipse, Esq" 135 "To the Honourable George Clarke" . 158 "To the Reverend Mr. Vesey" .... 145 Trial, The, 60-125; Information to the Court, 63-68 ; Defence, 74-125; Acquit- tal, 125; Reprint of first edition, 171- 246; Bibliography, , . . . . 249-255 "Trouwhertig vertoog," etc 140 "True and just Vindication of Alex. Campbell" 143 Trusdell, William 14J "Tsamenspraak, Tusschen Impetus, Le- gatUE en Temperatus" 138 Tutchin's Papers, 80, 85, 124, 207, 211, 212, 241 Vah Borsom, Egbert .... 62, 193 Van Courtlandt, Anna 11 Van Dam, Rip, 5, 6; Letter from Cosby, 6; Salary of Cosby, 9; Court of Ex- chequer, 9-10, II, 12; Exceptions to the Court, 13-14; Portrait, 16; Letter to Cosby 's representative, 16, 17; Affi- davits in the case, 18-19, ^°> ^^> ^3> 3' > DeLancey on libels, 33 , 34, 37, 60; Let- ter signed by, 116; "Argument of the Council for Van Dam," 145 ; Broadside on Death of Cosby, 154; "To all whom these Presents," etc. 154; "Farther proceedings concerning the Case,*' etc., 147; "Heads of Articles of Com- plaint," etc., 151; "Letter to the As- sembly," etc., 154; "Proceedings of Van Dam," etc 146 Vanderspeigel, Sara 5 Van Driessen, Petrus .... 138, 141 Vanema, Pieter .... 2$, 141, 142 "Vanity of Human Institutions," etc. . 153 Van Santvoord, Cornelius .... 138 Vas, Petrus 141 "Verdeediging" 139 "Veset, Mr. and his Subalterns" . .145 "Vincit amor patrise" 144 "Vindication of James Alexander and WilUam Smith" 148 "Voorbidding een eider Christen '5 Plicht','etc 163 Votes and Proceedings, 1737 .... 157 Votes and Proceedings, 1738 .... 159 Votes and Proceedings of New Jersey, 1738 160 W "Waarschouwing tegen zeker boekje," etc 156 Waldron, Johannes . . . 242, 243, 245 Walter, John 242, 243, 245 Warrell, Mr 182 Weaver, Samuel 62, 193 Wendoveh, Hercules .... 62, 193 Whitefield, Rev. George, 161, 162, 163, 165 Word in Season 156 Zenger, Anna Catharina ... 26, 129 Zenger, Catherine . 129, 166, 167, 240 Zenger, Elizabeth 129 Zenger, Johanna 26 Zenger, Johannes 26, 129 Zenger, John 27, 129, 130, 141, 166, 169, 170 Zenger, John Peter, 4, 10, 11, 12; early life, 26-28; founding of Journal, 28-30; Thursday Journals, 33; 37; Journals to be burnt, 38, 178, 179; Journals burnt, 45, i8i; arrest, 43-46, 182, 183; Power of Attorney signed by, 46; To patrons from gaol, 46; bail, 47-48, 50, 52-54, 56-58, 60, 61; the Jury, 62, 63, 192, 193; the Information, 63-68, 193- 197; Defence, 69-125, 198-241 ; Acquit- tal, 125, 241 ; 127, 128, Notice of death in Evening Post, 128-129, 131; Letter to Hamilton, 132; Facsimile of title- page of "Klagte," 136; Facsimile of title-page of Charter of New York City, 152; Reprint of first edition of Trial, 171-246; Facsimile of first page of Brief Narrative, 246; Bibliography of Trial, 249-255; Bibliography of the Issues of the Zenger Press 137-170 Zenger, Pieter 129 275 ■•^'■mmt^M m^^iammmm^'