The Trial of John Peter Zenger

1. The Trial of John Peter Zenger Andrew Hamilton defending John Peter Zenger in Court, 1734-1735, wood engraving.

2. Bell-Ringer • Do you think the freedom of the press gets taken too far?  Explain and provide an example if you can.

3. John Peter Zenger had arrived to America in 1710 from Germany at the age of 13.  His widowed mother signed him to an indentured apprenticeship to NY's only printer, William Bradford. • Eventually, Zenger was able to open his own print shop where he published mostly religious pamphlets before getting embroiled in the drama of NY politics. • The villain of the Zenger affair, William Cosby, arrived in NY in 1731 to assume his post as Governor for NY province. • Thereafter, he quickly developed a reputation as a scoundrel. • Soon after arriving, he picked a fight with Rip Van Dam, the 71 year-old senior member of the NY provincial council.  Cosby demanded he turn over half his salary he earned as acting governor in the interim period between Cosby's appointment and arrival in NY. • Van Dam agreed, as long as Cosby did the same.

4. Rip Van Dam William Cosby

5. Cosby would file suit for his share of Van Dam's salary.  Cosby decided to have the Supreme Court of NY to hear his suit, without a jury.  Van Dam challenged the legality of his suit.   • The Supreme Court of NY ruled in favor of Cosby.  The one dissenting judge, whose letter of disapproval was published in Zenger's pamphlet, was removed and replaced by a loyalist, James Delancey. • Cosby's actions led to the power of a growing faction that challenged Cosby's ability to govern. To hold on to his power, Cosby hired Francis Harisonto censor and edit the only NY newspaper, the New York Gazette.   • One of the leader's of the opposition to Cosby decided to found an independent political newspaper.  James Alexander approached John Peter Zenger to print the weekly newspaper.  Zenger agreed.

6. John Peter Zenger in all his glory!

8. In November of 1733, Zenger published the first issue of the New York Weekly Journal.  Cosby tried to then shut down the paper for its attacks.   • Eventually, Cosby ordered his attorney general to set in motion what would be a warrant for Zenger's arrest.   • On November 17, 1734, Zenger was arrested and taken to NY's Old City Jail, where he would stay for the next eight months.  His bail was set at 800 pounds.  An outpouring of public sympathy for his cause would develop. • Defending Zenger against the charge of “seditious libel,” his lawyer argued that the truth could not be defamatory, thus helping to establish a free-press principle now found in American law.

9. The Old City Jail where Zenger was held for 8 months.

10. Andrew Hamilton, Zenger’s lawyer. Hamilton made it very clear that his defendant had broken the law by publishing inflammatory items about the government of NY, but that those materials were true!

11. On display at the Law Library at the Library of Congress.

12. Activity: Closing Statements in the Zenger Trial • Using information from the film clip and supplemental reading, draft the closing statements in the Zenger Trial from the prosecution or defense’s position. You will be assigned one of those perspectives. • You make work alone or with ONE OTHER PERSON. • Closing statements should be about half a page (or more) and should include references to specifics from the case when summing up your side’s argument.