John Peter Zenger

John Peter Zenger (October 26, 1697 – July 28, 1746) was a German-born American printer, publisher, editor and journalist in New York City.

His indictment, trial and acquittal on sedition and libel charges against the Governor William Cosby of the New York Colony in 1735, with the noted lawyer Andrew Hamilton acting in his defense, [Zenger was initially arrested in 1734, even though the trial occurred in 1735. See [http://www.courts.state.ny.us/history/zenger.htm] and [http://www.law.umkc.edu/faculty/projects/ftrials/zenger/zenger.html] ] were important contributing factors to the development of freedom of the press in America. The Zenger decision helped clarify the beliefs of early Colonial life and lay the groundwork for the responsibilities of both media and government in a functioning democracy.

Overview

John Peter Zenger was born in 1697 in Germany, and migrated to New York as a child in 1710. His father died during the journey and his mother raised the child alone. He was accepted as an apprentice to New York's only printer, William Bradford, until 1718. Zenger married in 1719 but his wife died soon after, leaving him with an infant son. He married again in 1722 and fathered five more children. Zenger and Bradford became partners in 1725 until Zenger started his own shop the next year. In 1733, former New York Attorney General, James Alexander, gave Zenger the opportunity to print America's first party newspaper, the "New York Weekly Journal".

Zenger's paper had been successful until he criticized William Cosby, Governor of New York, and the governor had him arrested and jailed. Zenger claimed in his apology that even though he was in jail without supplies, he could still publish his paper through a hole in the door with the help of his wife and servants. It is unclear just how seriously Zenger personally took the material published in the "Weekly Journal". It was almost certainly financed by one of the opposition factions in New York politics, possibly by James Alexander, who along with William Smith was disbarred for objecting to the two-man court that Cosby had hand-picked. Zenger was most likely a convenient target to use in an attempt to end criticism. His defense attorney, Andrew Hamilton, was from Philadelphia, and won a case most local attorneys were confident would be unwinnable, and over which prior attorneys had been disbarred. His success may have resulted in the addition of the expression "" to the language. [ [http://www.m-w.com/cgi-bin/wftwarch.pl?122106 Merriam-Webster Online ] ]

A notable aspect of the case is that Hamilton challenged the legality of the crimes for which his client was being prosecuted. It was one of the first times in American history in which a lawyer challenged the laws rather than the innocence of his clients. The jurors were stunned and didn't know how to, or even if they were allowed to, address whether the law itself was "legal."

At the end of the trial on August 5, 1735, the twelve New York jurors returned a verdict of "not guilty" on the charge of publishing "seditious libels," despite the Governor's hand-picked judges presiding. Hamilton had successfully argued that Zenger's articles were not libelous because they were based on fact. Zenger published a verbatim account of the trial as "A Brief Narrative of the Case and Trial of John Peter Zenger" (1736). "No nation, ancient or modern, ever lost the liberty of speaking freely, writing, or publishing their sentiments, but forthwith lost their liberty in general and became slaves" stated Zenger.

Hamilton had served for free. In gratitude for what he had done, the Common Council of New York City awarded him the freedom of that city, and a group of prominent residents contributed to the production of a 5½-ounce gold box that was presented to him as a lasting mark of their gratitude. The box was preserved as a family heirloom for many years and is now in the possession of the Atwater Kent Museum near Independence Hall, Philadelphia. Each year the Philadelphia Bar Association presents a replica of the box to the outgoing Chancellor of the Association. A Latin motto inscribed on the box, identical to the original, is translated as "Acquired not by money, but by character."

Zenger died in 1746 at 48 years of age.

See also

*Jury nullification
*Freedom of the Press
*Amendment 1

Notes

Publications

* 1-9A Criminal Defense Techniques § 9A.02, FN3 (note his name is misspelled as John Paul Zenger, although from context it is clear the publication was referring to John Peter).
* Livingston Rutherfurd, "John Peter Zenger" (New York, 1904)
* M. Van Gerpen, Privileged Communication and the Press, 5-6 (1979)

External links

* [http://www.historybuff.com/library/refzenger.html]
* [http://www.law.umkc.edu/faculty/projects/ftrials/zenger/zenger.html Zenger Trial]
* [http://reference.allrefer.com/encyclopedia/Z/Zenger-J.html John Peter Zenger]
* [http://www.courts.state.ny.us/history/zenger.htm "The Crown v. Zenger"]
* [http://emoglen.law.columbia.edu/publications/zenger.html "Considering Zenger: Partisan Politics and the Legal Profession in Provincial New York"]
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