7c. The Trial of John Peter Zenger
The Trial of John Peter Zenger. On April 16th, , the New York Supreme Court met in the second floor courtroom of New York City Hall. After attorneys James Alexander and William Smith, who were also Popular Party members, had attempted to represent John Peter Zenger at his trial, the Court decided to disbar both of them. The court did this because it was known that no attorney in the Province of . After John Peter Zenger had languished in jail for an entire year, his trial began on August 4, inside a small court room in the New York City Hall. The Attorney General opened the case, saying that the defendant had pleaded not guilty to printing and publishing a false, scandalous, and seditious libel against Governor Cosby.
It was published by the public printer, William Bradford, and was supportive of the Governor and his administration. The Cosby administration determined to take legal action against the printer, perhaps on the assumption that without a printer, the paper could not be published. Seditious libel was defined as the intentional publication, without lawful excuse or justification, of written blame of any public man or of the law, or any institution established by the law.
Evidence of seditious libel was presented to both but neither grand jury would issue an indictment against John Peter Joun. Next, Governor Cosby determined to use the power of the governmental censorship to hinder the publication of the New-York Weekly Journal.
He requested that the Xenger order the public hangman to ceremonially burn issues of the newspaper. The Cosby administration then resolved to proceed against What was the john peter zenger trial by an information, a legal procedure, highly unpopular in the Province, that allowed a prosecution to proceed without a grand jury indictment.
Unable to post bail, Zenger was returned to waht pending his wae. Defending Zenger against the charge of seditious libel presented challenges for the defense attorneys. Their main difficulty was that the truth of the published statements was immaterial. Further, the role of the jury in a seditious libel case was limited to deciding whether the person charged was responsible for the allegedly libelous statement. If the jury found in peteg affirmative, Justices De Lancey and Philipse, close allies of Cosby, would examine the text to determine if the statements constituted seditious libel.
Zenger, left without legal representation, petitioned the court to appoint a lawyer for him. Contrary to expectations, Chambers acquitted how to use equate pregnancy test well in his defense of Zenger — twice, he challenged the lists from which the jury was to be chosen and in doing so, he ensured that the jury hohn to hear the case was not biased against Zenger.
Chief Justice De Lancey adjourned the court until August 4, to give Chambers an how to use phone for internet to prepare his case. He then described clearly the nature of the case, the necessity that the Attorney General prove who was responsible for the libel, what was the john peter zenger trial his expectation that the Attorney-General would fail in his proof.
In his address, Hamilton asked the jury to consider the truth of the tril published and concluded with these famous words:. The question before the Court and you, Gentlemen of the jury, is not of small or what does conficker worm do concern. It is not the cause of one poor printer, nor of New York alone, which you are now trying.
It may in its consequence affect every free man that lives under a British government on the qas of America. It is the best cause. It is the cause of liberty. Immediately, Chief JusticeDe Lancey instructed the jury that what does a wiring harness do, the jurors, should decide only the question of whether Zenger had published the issues of the New-York Weekly Journal. Cheers rang out in the crowded courtroom.
John Peter Zenger was released from prison the day after the trial. He returned to his printing business and published an account of his trial. It is important to note that the Zenger case did not establish legal precedent in seditious libel or freedom of the press.
Rather, it influenced how people petfr about these subjects and led, many decades later, to the protections embodied in the Unites States Constitution, the Bill of Rights and the Sedition Act of The Zenger case demonstrated the growing independence of the professional Bar and reinforced the role of the jury as a curb on executive power. Paul Finkelman. Belknap ed. Connecticut Eben Moglen.
Only one issue was missed. The continued publication of the newspaper built support for Zenger cause. John Peter Zenger; either reference joh correct. In his address, Jihn asked the jury to consider the truth of the statements published and concluded with these famous words: The question before the Court and you, Gentlemen zebger the jury, is not of small or private concern. Connecticut Donald A. American Journalists: Getting the Story.
New York Eben Zenher. Free Speech in the United States 3 In Tudor zrnger Stuart England, the ceremonial burning of books and other printed material by the public hangman symbolically reinforced the power of the government to restrict freedom of expression. Next Next post: Local Courts. No products in the cart.
This case helped set the idea of freedom of the press
It organizes opposition and can help revolutionary ideas spread. The trial of John Peter Zenger, a New York printer, was an important step toward this most precious freedom for American colonists. John Peter Zenger was a German immigrant who printed a . Sep 01, · The trial of Peter Zenger in New York, The printer of the New York Weekly Journal was accused of libel. Defended by Andrew Hamilton, he was acquitted and this precedent established freedom of the press in the United States. Unable to post bail, Zenger was returned to jail pending his trial. Defending Zenger against the charge of seditious libel presented challenges for the defense attorneys. Their main difficulty was that the truth of the published statements was immaterial.
John Peter Zenger was born in Germany in He immigrated to New York with his family in His father died during the voyage, and his mother, Joanna, was left to support him and his two siblings. At the age of 13, Zenger was apprenticed for eight years to the prominent printer William Bradford who is known as the "pioneer printer of the middle colonies. When Zenger would be later brought to trial, Bradford would remain neutral in the case. Zenger was approached by Lewis Morris, a chief justice who had been removed from the bench by Governor William Cosby after he ruled against him.
Zenger agreed to print their paper as the New York Weekly Journal. At first, the governor ignored the newspaper which made claims against the governor including his having arbitrarily removed and appointed judges without consulting the legislature. However, once the paper began to grow in popularity, he decided to put a stop to it. Zenger was arrested and a formal charge of seditious libel was made against him on November 17, Unlike today where libel is only proven when the published information is not only false but intended to harm the individual, libel at this time was defined as holding the king or his agents up to public ridicule.
It did not matter how true the printed information was. Despite the charge, the governor was unable to sway a grand jury. Zenger's case was taken before a jury. Zenger was defended by Andrew Hamilton, a Scottish lawyer who would eventually settle in Pennsylvania.
He was not related to Alexander Hamilton. However, he was important in later Pennsylvania history, having helped design Independence Hall. Hamilton took the case on pro bono.
Zenger's original lawyers had been stricken from the attorney's list due to the corruption that surrounded the case. Hamilton was able to successfully argue to the jury that Zenger was allowed to print things as long as they were true.
In fact, when he was not allowed to prove that the claims were true through evidence, he was able to eloquently argue to the jury that they saw the evidence in their everyday lives and therefore didn't need additional proof.
However, it had a huge impact on the colonists who saw the importance of a free press to hold the government power in check. Hamilton was lauded by New York colonial leaders for his successful defense of Zenger.
Nonetheless, individuals would continue to be punished for publishing information harmful to the government until state constitutions and later the US Constitution in the Bill of Rights would guarantee a free press. Zenger continued to publish the New York Weekly Journal until his death in His wife continued to publish the paper after his death. When his eldest son, John, took over the business he only continued to publish the paper for three more years. Share Flipboard Email. Martin Kelly.
<- How to make smoothies without a blender - How to speak english for dummies->