The Grand Jury called to hear the evidence against Johann Peter Zenger (as we now know what his name was) could not see any cause for the accusations against Zenger. The Colonial Assembly would not concur in the resolution of the Council that the objectionable numbers of the "Journal" be burned by the hangman. The mayor and the magistrate refused to attend the burning and even prohibited the hangman, subject to their jurisdiction, from executing the mandate of the Governor.
The Governor was livid and caused the four issues to be burned by a Negro slave in the presence of the Sheriff and the Recorder of New York. He then ordered the arrest of Zenger, and had him confined in prison and denied him all writing material. His bail was fixed at the ridiculous sum of eight hundred Pounds; however, the "Journal" continued to be published by his wife and employees, as Zenger dictated editing instructions through a crack in the door.
The Grand Jury again, in January 1735, found no cause for indicting Zenger. The Attorney-General filed against him for Seditious Libel, and arranged for him to be tried before the court that he had censured. Zenger's lawyers attacked the constitutionality of the court, but this so enraged the President of the court, that the lawyers were disbarred for contempt of court and the case was adjourned. Zenger's case now seemed hopeless, for no lawyers in New York wanted to touch the case.
Friends of Zenger persuaded Andrew Hamilton of Philadelphia to take the case. He pleaded the cause of Zenger so eloquently that the jury could do nothing but set Zenger free.
Hamilton's case was based on admitting that Zenger had published the material in question, but that it not libel because it was the truth. He explained there was nothing false in the articles but they were statements of true facts. He said that the unreserved expression of opinion based on true facts was the right of every free British citizen. Since the paragraphs published by Zenger were nothing but true facts, they could not be condemned as libel.
The jury returned with a verdict of "Not guilty"! The population of New York indulged in wild demonstrations in honor of both Hamilton and Zenger who were considered heroes. Perhaps at the time it was not realized how sweeping the decision was for it lay the groundwork of the freedom of the press.
All of this came from a German orphan boy with the assistance of friends and the skill of Andrew Hamilton.
(14 Aug 03)
We gratefully acknowledge the work of John Blankenbaker who published over 2,500 Germanna History Notes via the Germanna-L@rootsweb.com email list from 1997 to 2008. We are equally thankful to George Durman (Sgt. George) for hosting the list and republishing the notes via rootsweb.com.