John Peter Zenger and the Evolution of Free Press

John Peter Zenger and the Evolution of Free Press Holly Burgarino Junior Division Historical Paper Paper Length: 1,581 words 1

John Peter Zenger was essential to what we now know today as Freedom of the Press thanks to the first amendment in 1791 which very well may not have stood without Zenger s example. Throughout numerous trials, John Peter Zenger took a stand against the corrupt New York governor, William S. Cosby. His stand in history still resonates today with the American people as text editors, authors, and contributors are entitled to publish whatever opinions they may have within a common jurisdiction. In part by John Zenger s bold statement, claims against the government or any party for that matter are not offenses that could hold one in jail. Artificial or real, Americans are free to define those in government however they choose, although journalists will always face some degree of prejudice based off of what issues need to be addressed, like John Peter Zenger, they will persevere for liberty. An immigrant from Germany who came here on the basis of new opportunity: the American dream, one may reference is the exact description of John Peter Zenger (see Appendix A). Born October 26th, 1697, in Impflingen, Germany, he began to work at the mere 1 age of thirteen upon his arrival in New York City. As an indentured servant, John Zenger spent eight years under an apprenticeship to William Bradford. Educated from a pioneer printer of the middle colonies, Zenger quickly absorbed Bradford s expertise. His printing ability eventually led him to the New-York Weekly Journal (see Appendix B), one of few independent newspapers 2 at the time. 1 "John Peter Zenger". Encyclopædia Britannica. Encyclopædia Britannica Online.Encyclopædia Britannica Inc., 2016. Web. 27 Oct. 2016<https://www.britannica.com/biography/John-Peter-Zenger>. 2 The Editors of Encyclopædia Britannica. "William Bradford." Encyclopædia Britannica. Encyclopædia Britannica, Inc., 01 Feb. 2002. Web. 12 Jan. 2017. 2

Working as an indentured servant to pay off his debts for his trip to America, it is no surprise that Zenger became a printer of the New-York Weekly Journal. Printing was the only occupation in America he had ever known. Unfortunately, John Zenger received a rude 3 awakening upon laboring at his first job a debt free, free man. A brief span of one year had passed printing newspapers before he was arrested for allowing the publicity of inadmissible 4 comments bringing into focus the unscrupulous acts of those in government. A misconception concludes John Peter Zenger wrote all the libelous articles that resulted in his extensive stance for both Freedom of the Press as well as his innocence, when in fact, many were created by his more experienced colleagues. Zenger was not behind every accusation printed in the journal, but he took the blame for all libel as by law he was required to sign the 5 newspaper while others could hide behind pen names. The necessity of this signature s purpose 6 held the printer accountable for any writing to be viewed by the public. Although, it is so, in the legality of the matter Zenger did abide by the law thereby agreeing to the terms of its use. The <https://www.britannica.com/biography/ William-Bradford-American-printer-1663-1752>. 3 The Huntington Library. Freedom of the Press: The Trial of Peter Zenger. Huntington Library, 2016, www.law.umkc.edu/faculty/projects/ftrials/zenger/ burningorder.html. Accessed 27 Oct. 2016. 4 "John Peter Zenger". Encyclopædia Britannica. Encyclopædia Britannica Online.Encyclopædia Britannica Inc., 2016. Web. 27 Oct. 2016<https://www.britannica.com/biography/John-Peter-Zenger>. 5 Kluger, Richard. Indelible Ink: The Trials of John Peter Zenger and the Birth of America's Free Press. 1st ed. New York: W.W. Norton, 2016. Print. 6 National Park Service. "The Trial of John Peter Zenger." National Park Service, edited by U.S government, U.S government, 2016, www.nps.gov/feha/learn/ historyculture/the-trial-of-john-peter-zenger.htm. Accessed 6 Nov. 2016. 3

government s defense argued technically, Zenger gave his consent to all writing in the New-York 7 Weekly Journal making him liable for claims he did not write. No matter the veracity of the claims made against the British government seditious libel was still enforced. One could assume the logic behind the investigation of libelous statements originated from the idea that without printers, critical papers could not be published. From 1710 to 1718 John Zenger worked with William Bradford prior to Bradford s association with the New 8 York Gazette (est. 1725). As Bradford became the public printer of the New York Gazette, one with a glorification of the current law, he approved Governor William S. Cosby and his 9 administration. The true corruption of the Cosby administration is made evident in the case of Cosby v. Van Dam in 1733. This case began when William Cosby took office and Rip Van Dam, the governor in the interim and the president of the province s council, fought over salary and fees. Lewis Morris, New York s chief judge, issued an opinion in favor for Van Dam which 7 Olson, Alison. "The Zenger Case Revisited." Early American Literature, vol. 35, no. 3, Dec. 2000, pp. 223-45. EBSCO, search.ebscohost.com/ login.aspx?direct=true&authtype=cookie,ip,cpid&custid=s6261729&db=hlh&an=3864964& site=ehost-live&scope=site. Accessed 27 Oct. 2016. 8 Finkelman, Paul, et al. "Crown V. John Peter Zenger." Review, Paper, 1994, 1997 ed. New York Courts, United States government, 2016, www.nycourts.gov/ history/legal-history-new-york/legal-history-eras-01/ history-new-york-legal-eras-crown-zenger.html. Accessed 19 Oct. 2016. 9 Tigar, Michael E., and Thomas Watt Gregory. The Trial of John Peter Zenger (a play in 5 scenes). University of Texas, Austin, 10 Aug. 1986. New York Courts, U.S government, www.nycourts.gov/history/legal-history-new-york/ legal-history-eras-01/history_trial-john-peter-zenger-play.pdf. Accessed 6 Nov. 2016. Manuscript. 4

immediately removed Morris from the court. with differing views from their own? 10 How fair is a government if they demote those John Peter Zenger was accused of seditious libel twice by two different grand juries that were appointed in 1734 (Spring and Fall) although neither juries could indict Zenger as his 11 information was all factual. Despite an official indictment, Zenger was taken into court on November 17th, 1734. John Peter Zenger s trial took place in Old City Hall. The courtroom could be found on the second floor (see Appendix C). 12 James Alexander and William Smith defended Zenger until they were thrown out of the Supreme Court of Judicature on April 16th, 1735, leaving a Cosby loyalist, John Chambers, to take their place for a brief period, until 13 Zenger s final attorney, Andrew Hamilton, took on his troubling case James Alexander and William Smith were banned from the court as they argued the Judicial Tribunal and the 10 Ushistory.org. "The Trial of John Peter Zenger." United States History, edited by Ushistory.org, 2016, www.ushistory.org/us/7c.asp. Accessed 27 Oct. 2016. 11 Williams, James A. "The Trial of John Peter Zenger in 1735." Founders and Patriots of America, 2016, www.founderspatriots.org/articles/ trial_zenger.php. Accessed 27 Oct. 2016. 12 Finkelman, Paul, et al. "Crown V. John Peter Zenger." Review, Paper, 1994, 1997 ed. New York Courts, United States government, 2016, www.nycourts.gov/ history/legal-history-new-york/legal-history-eras-01/ history-new-york-legal-eras-crown-zenger.html. Accessed 19 Oct. 2016. 13 "John Peter Zenger". Encyclopædia Britannica. Encyclopædia Britannica Online.Encyclopædia Britannica Inc., 2016. Web. 27 Oct. 2016<https://www.britannica.com/biography/John-Peter-Zenger>. 5

14 commissions of other judges were invalid at Zenger s arraignment in April of 1735. The prohibition of Zenger s original attorneys presents another example of 18th-century questionable 15 policy. Chief Judge James De Lancey, an ally of Cosby, adjourned Zenger s trial on August 4th, 1734, to let John Chambers gather his case. Although Chambers was a loyalist, he did challenge 16 the Cosby administration twice. Hence John Chambers fairness to attempt to see the jury empaneled was not biased against Zenger, his allies seized the opportunity to appoint the best 17 colonial attorney, Andrew Hamilton, dismissing Chambers from the case. English law forbade accusations against the government no matter how insignificant or significant, the criticism was. John Peter Zenger challenged the British government s theory when he prepared this audacious statement, "No nation ancient or modern ever lost the liberty of freely speaking, writing, or publishing their sentiments, but forthwith lost their liberty in general and became slaves." 18 Of course, corruption between those working in government had gone on 14 Kluger, Richard. Indelible Ink: The Trials of John Peter Zenger and the Birth of America's Free Press. 1st ed. New York: W.W. Norton, 2016. Print. 15 Renda, Lex. Interview. 29 Nov. 2016. 16 "Trial of John Peter Zenger For Libel." Trial of John Peter Zenger For Libel (2009): 80. Primary Search. Web. 6 Nov. 2016. 17 Finkelman, Paul, et al. "Crown V. John Peter Zenger." Review, Paper, 1994, 1997 ed. New York Courts, United States government, 2016, www.nycourts.gov/ history/legal-history-new-york/legal-history-eras-01/ history-new-york-legal-eras-crown-zenger.html. Accessed 19 Oct. 2016. 18 Keller, Bill. "A Victory for Press Freedom in 1735 Set an Important Precedent." Review of Indelible Ink. The New York Times [New York], 14 Sept. 2016, Nonfiction sec., p. 1. The New York Times, www.nytimes.com/2016/09/18/books/ review/indelible-ink-richard-kluger.html?_r=0. Accessed 6 Nov. 2016. 6

for quite some time (see Appendix D). Governor Cosby even picked his trial judge, James De Lancey, but the one aspect he could not critique was the views of the people, which would 19 ultimately lead to his defeat through jury nullification. Chief Judge James De Lancey informed the jurors to vote guilty as John Zenger had 20 confirmed he had printed opinions critical of the government. Andrew Hamilton, retaliated the idea that Zenger was instantaneously guilty as he admitted to allowing abstract writings to be printed against a most powerful law making body with the question: If claims made against the government were valid should true libel be prosecuted? The outcome of this rationalization became a turning point in John Peter Zenger s final trial as often the government s evidence 21 against Zenger ironically became his own defense (see Appendix E). John Peter Zenger simply printed facts about William S. Cosby, New York's corrupt Governor, and was wrongfully targeted because of his courage to demolish injustice. 22 19 ---, ---, House. Tryal of John Peter Zenger. Government Printing Office. New York Courts, U.S government, www.nycourts.gov/history/ legal-history-new-york/legal-history-eras-01/ History_Tryal-John-Peter-Zenger.pdf. Accessed 6 Nov. 2016. 20 "Andrew Hamilton". Encyclopædia Britannica. Encyclopædia Britannica Online.Encyclopædia Britannica Inc., 2016. Web. 06 Nov. 2016<https://www.britannica.com/biography/Andrew-Hamilton>. 21 National Park Service. "The Trial of John Peter Zenger." National Park Service, edited by U.S government, U.S government, 2016, www.nps.gov/feha/learn/ historyculture/the-trial-of-john-peter-zenger.htm. Accessed 6 Nov. 2016. 22 Olson, Alison. "The Zenger Case Revisited." Early American Literature, vol. 35, no. 3, Dec. 2000, pp. 223-45. EBSCO, search.ebscohost.com/ login.aspx?direct=true&authtype=cookie,ip,cpid&custid=s6261729&db=hlh&an=3864964& site=ehost-live&scope=site. Accessed 27 Oct. 2016. 7

Andrew Hamilton was a crucial part of the Zenger trial. As once said by the pre-eminent colonial lawyer, "The man who loves his country prefers its liberty to all other considerations, well knowing that without liberty life is a misery." Without Hamilton s bold statements, Zenger 23 could have lost his case, and Freedom of the Press would not exist today. A resident of Philadelphia, Pennsylvania, Hamilton was born in Scotland in 1656. He was the Attorney General of Pennsylvania from 1717 to 1726 and became the Recorder of Philadelphia in 1727, 24 going on to become the Speaker of the Assembly from 1729 to 1739. Andrew Hamilton was very influential in this case as he revealed the jury could declare the judges opinions invalid. 25 As the courtroom commenced later that day on August 4th, 1735, Andrew Hamilton gave this speech in his closing statements before the jury deliberated: The question before the court and you, gentlemen of the jury, is not of small or private concern. It is not the cause of one poor printer, nor of New York alone, which you are now trying. No! It may in its consequence affect every free man that lives under a British government on the main of America. It is the best cause. It is the cause of liberty. 23 Tigar, Michael E., and Thomas Watt Gregory. The Trial of John Peter Zenger (a play in 5 scenes). University of Texas, Austin, 10 Aug. 1986. New York Courts, U.S government, www.nycourts.gov/history/legal-history-new-york/ legal-history-eras-01/history_trial-john-peter-zenger-play.pdf. Accessed 6 Nov. 2016. Manuscript. 24 "Andrew Hamilton". Encyclopædia Britannica. Encyclopædia Britannica Online.Encyclopædia Britannica Inc., 2016. Web. 06 Nov. 2016<https://www.britannica.com/biography/Andrew-Hamilton>. 25 Ushistory.org. "The Trial of John Peter Zenger." United States History, edited by Ushistory.org, 2016, www.ushistory.org/us/7c.asp. Accessed 27 Oct. 2016. 8

The result of the final trial of John Peter Zenger created a domino effect as jury nullifications frightened the government which let countless journalists write negatively about the administration with no penalty. 26 This led to a new independence which ultimately played a 27 key part in the start of the American Revolution. In addition, the case of John Peter Zenger also allowed more people to voice their public opinion as the government realized with a jury, they would not win any cases concerning seditious libel as colonists wanted and would fight for their 28 own rights. The nullification of John Peter Zenger s final trial showed the government that the mutual feeling of free expression was so strong among the colonists that prosecuting those who 29 posed opposing views of political figures was a waste of time, money, and resources. Freedom of the Press. A resolution, sprouted in those who faced its worst times so that it could be our right. The past, present, and future all play an important role in this amendment dated in 1791. John Peter Zenger fought for what we now have with the means of America to protect it. No matter the adversity of yesterday or the endurance of tomorrow, freedom is all 26 Williams, James A. "The Trial of John Peter Zenger in 1735." Founders and Patriots of America, 2016, www.founderspatriots.org/articles/ trial_zenger.php. Accessed 27 Oct. 2016. 27 Olson, Alison. "The Zenger Case Revisited." Early American Literature, vol. 35, no. 3, Dec. 2000, pp. 223-45. EBSCO, search.ebscohost.com/ login.aspx?direct=true&authtype=cookie,ip,cpid&custid=s6261729&db=hlh&an=3864964& site=ehost-live&scope=site. Accessed 27 Oct. 2016. 28 National Park Service. "The Trial of John Peter Zenger." National Park Service, edited by U.S government, U.S government, 2016, www.nps.gov/feha/learn/ historyculture/the-trial-of-john-peter-zenger.htm. Accessed 6 Nov. 2016. 29 Kluger, Richard. Indelible Ink: The Trials of John Peter Zenger and the Birth of America's Free Press. 1st ed. New York: W.W. Norton, 2016. Print. 9

around us. It is ingrained in the American spirit and offers change for those who want a voice, whoever they may be. 10

Appendix A Courtesy of the Not Even Past organization. 11

Appendix B Courtesy of Britannica. 12

Appendix C Courtesy of the historical society of the New York Courts. 13

Appendix D Courtesy of the historical society of the New York Courts. 14

Appendix E Courtesy of the historical society of the New York Courts. 15

Works Cited Primary Sources Franklin, Benjamin. On The Press As An Unofficial Tribunal. On The Press As An Unofficial Tribunal (2009): 1. Primary Search. Web. 6 Nov. 2016. This is a reference article. It emphasizes the rights and powers of the press. These rights and powers fit into my paper as it gives the reader more background knowledge of government in the 1700s. New York Weekly Journal [New York]. 23 Sept. 1734, sec. 47. This is an article. It is an actual edition of the newspaper John Peter Zenger published which is dated back to September 23rd, 1734. This publication was used in my paper to represent how the New-York Weekly Journal was formatted and what information it contained which also gave me a better understanding of how the newspaper was written. Spencer, Keith. Interview. 29 Nov. 2016. This is an interview. Journalist Keith Spencer, Chief editor of the Bold Italic spoke about how Freedom of the Press impacts him as a journalist. This interview was very useful as it provided my paper with a different perspective of Freedom of the Press from a journalist s point of view. Renda, Lex. Interview. 29 Nov. 2016. This is an interview. Professor Lex Renda at the University of Wisconsin, Milwaukee spoke about the trial of John Peter Zenger and Freedom of the Press which was very useful in the collaboration of my National History Day paper to receive an expert opinion on Zenger s actions and a clearer understanding of 18th century law. Trial of John Peter Zenger For Libel. Trial of John Peter Zenger For Libel (2009): 80. Primary Search. Web. 6 Nov. 2016. This is a document. It provides original record of events in the trial of John Peter Zenger. I was able to use this source to give an accurate representation of the Zenger case. United States, Congress, House. Tryal of John Peter Zenger. Government Printing Office. New York Courts, U.S government, www.nycourts.gov/history/legal-history-new-york/legal-history-eras-01/history_tryal-jo hn-peter-zenger.pdf. Accessed 6 Nov. 2016. This is the document of John Peter Zenger s trial. I used this document in my paper to show and elaborate upon the details of John Peter Zenger s momentous stance in history. ---, ---, House. Bill of Rights. Government Printing Office. History Reference Center, search.ebscohost.com/login.aspx?direct=true&authtype=cookie,ip,cpid&custid=s73249 64&db=khh&AN=59447510&site=hrc-live&scope=site. Accessed 6 Nov. 2016. House Bill 1-10. This is the Bill of Rights. In my paper, I used this to have a better understanding of how John Peter Zenger s stance impacts Freedom of the Press. 16

Secondary Sources Andrew Hamilton. Encyclopædia Britannica. Encyclopædia Britannica Online.Encyclopædia Britannica Inc., 2016. Web. 06 Nov. 2016<https://www.britannica.com/biography/Andrew-Hamilton>. This is a website. It provides information about Andrew Hamilton, the lawyer that ultimately won John Peter Zenger s final trial. I am able to comprehensively understand the importance of Andrew Hamilton through the very clear details placed in this article which transferred into my paper to create a better overall perspective for the reader. The Editors of Encyclopædia Britannica. William Bradford. Encyclopædia Britannica. Encyclopædia Britannica, Inc., 01 Feb. 2002. Web. 12 Jan. 2017. <https://www.britannica.com/biography/william-bradford-american-printer-1663-1752 >. This is a website. This source provides information on William Bradford who taught John Peter Zenger how to print. I put this into my paper to show the importance of such an influential person pertaining to my subject. Finkelman, Paul, et al. Crown V. John Peter Zenger. Review, Paper, 1994, 1997 ed. New York Courts, United States government, 2016, www.nycourts.gov/history/legal-history-new-york/legal-history-eras-01/history-new-york -legal-eras-crown-zenger.html. Accessed 19 Oct. 2016. This is an article. It elaborates on the trial of John Peter Zenger and the biases of the law. In my paper, this source leads a reader into the corruption of Zenger s trial and the reality of the situation. The Huntington Library. Freedom of the Press: The Trial of Peter Zenger. Huntington Library, 2016, www.law.umkc.edu/faculty/projects/ftrials/zenger/burningorder.html. Accessed 27 Oct. 2016. This is a Pamphlet. It is helpful in clearly explaining the facts of John Peter Zenger in an organized easy-to-see fashion. To create my paper, I used these facts to back up the factual evidence I gathered. John Peter Zenger. Encyclopædia Britannica. Encyclopædia Britannica Online.Encyclopædia Britannica Inc., 2016. Web. 27 Oct. 2016<https://www.britannica.com/biography/John-Peter-Zenger>. This is a reference source from an article. Important facts concerning John Peter Zenger s background and early years as a printer can be found here. I used this information to add detail to my paper and relate back to my theme of the American dream with Freedom of the Press. Keller, Bill. A Victory for Press Freedom in 1735 Set an Important Precedent. Review of Indelible Ink. The New York Times [New York], 14 Sept. 2016, Nonfiction sec., p. 1. The 17

New York Times, www.nytimes.com/2016/09/18/books/review/indelible-ink-richard-kluger.html?_r=0. Accessed 6 Nov. 2016. This is a newspaper review of the book Indelible Ink, by Richard Kluger. It contains information concerning John Peter Zenger and the evolution of Freedom of the Press with a clear background of the subject. This review allows me to have a better grasp of where Freedom of the Press originated before John Peter Zenger took his stance. My paper benefitted from this review as I included the most accurate facts. Kluger, Richard. Indelible Ink: The Trials of John Peter Zenger and the Birth of America s Free Press. 1st ed. New York: W.W. Norton, 2016. Print. This is a book. Richard Kluger reexamines the Zenger case and provides inside details to the birth of Freedom of the Press. Kluger provided a lot of background information which was used in my paper to better understand the story of John Peter Zenger. National Park Service. The Trial of John Peter Zenger. National Park Service, edited by U.S government, U.S government, 2016, www.nps.gov/feha/learn/historyculture/the-trial-of-john-peter-zenger.htm. Accessed 6 Nov. 2016. This is a website. It contains specific dates in which vital events occurred to the final trial of John Peter Zenger. This was used in my paper to verify the best accuracy of dates. Olson, Alison. The Zenger Case Revisited. Early American Literature, vol. 35, no. 3, Dec. 2000, pp. 223-45. EBSCO, search.ebscohost.com/login.aspx?direct=true&authtype=cookie,ip,cpid&custid=s62617 29&db=hlh&AN=3864964&site=ehost-live&scope=site. Accessed 27 Oct. 2016. This is a journal. It explains the final trial of John Peter Zenger with in-depth details for a better understanding. These details were used in my paper for clearer facts of the Zenger trial. Tigar, Michael E., and Thomas Watt Gregory. The Trial of John Peter Zenger (a play in 5 scenes). University of Texas, Austin, 10 Aug. 1986. New York Courts, U.S government, www.nycourts.gov/history/legal-history-new-york/legal-history-eras-01/history_trial-jo hn-peter-zenger-play.pdf. Accessed 6 Nov. 2016. Manuscript. This is a play. It provides key historical points from the final trial of John Peter Zenger. These historical points were used in my paper to convey an accurate sequence of events. Ushistory.org. The Trial of John Peter Zenger. United States History, edited by Ushistory.org, 2016, www.ushistory.org/us/7c.asp. Accessed 27 Oct. 2016. This is a website. It contains useful facts about John Peter Zenger s famous, final trial. These facts were used in my paper for more detail. Williams, James A. The Trial of John Peter Zenger in 1735. Founders and Patriots of America, 2016, www.founderspatriots.org/articles/trial_zenger.php. Accessed 27 Oct. 2016. This is a website. It includes very detailed accounts regarding the life of John Peter Zenger. These detailed accounts were used in my paper to make it more interesting to the reader. 18