JOHN PETER ZENGER, Z ENGER's firft News-paper was printed, Nov. 5, 1733, and he continued printing and publishing them, to the public fatisfaction, till the January following; when the chief juftice was pleafed to animadvert upon the doctrine of libels, in a long charge given in that term to the grand jury, of which Zenger's papers was the principal object; and afterwards on the third Tuefday of October, 1734, was again pleased to harangue the grand jury, in the following words: "I fhall obferve concerning libels; that they are arrived to that height, that they call loudly for your animadverfion; it is high time to put a stop to them; for at the rate things are now carried on, when all order and government are endeavoured to be trampled on, and reflections are caft upon perfons of all degrees, muft not these things end in fedition, if not timely prevented? Lenity, you have seen, will not avail; it becomes you then to enquire after the offenders, that we may, in a due courfe of law, be enabled to punish them. If you, gentlemen, not interpofe, confider whether the ill confequences that may arife from any disturbances of the public peace, may not in part lie at your door " But the grand jury not indicting Zenger, as was expected, the gentlemen of the council took four of his news-papers into con fideration, and having by their resolution declared them to be false, fcandalous * As fome of our readers may perhaps be unacquainted with the form of government in New-York, we must inform them, that in that province, as well most of the British plantations in America, the form of government is the very fame with that in England; as it confifts of a governor, a council, and an affembly. The governor is named by the king, and reprefents the fovereign within the province of which he is appointed governor: the council confifts of a certain number of members, all of whom are named by the king, and refembles the house of lords in England, being for that reafon fometimes called the upper-houfe of affembly; and the affembly confifts of a number of representatives chofen by the people in their feveral parishes or districts, resembling the house of commons in England, and for that reafon are often called the lower-houfe of affembly. Thefe three branches of the legislature have, within their province, the fame powers and privileges that the king, B fcandalous, malicious and feditious libels, ORDERED them to be burnt by the hands of the common hangman; but when the order came to be read in the court of quarter feffions, the aldermen would not fuffer the hangman to burn them, and made the following proteft against it, which was read: "Whereas this court conceives, they are only to be commanded by the king's manadatory writs, authorized by law, to which they conceive they have the right of fhewing caufe why they don't obey them, if they believe them improper to be obeyed, or by orders, which have fome known laws to authorize them: and as this court conceives this order to be no mandatory writ warranted by law, nor knows of any law that authorizes the making of the order aforefaid; fo they think themselves under no obligation to obey it which obedience, they think, would be in them, the opening a door for arbitrary commands, which, when once opened, they know not what dangerous confequences may attend it. Where fore, this court conceives itself bound in duty (for the prefervation of the rights of this corporation, and, as much as they can, of the liberty of the prefs, and the people of the province, fince an affembly of the province, and feveral grand juries, have refused to meddle with the papers, when applied to by the council) to protest again the order aforefaid, and to forbid all the members of this corporation to pay any obedience to it, until it be fhewn to this court, that the fame is authorized by fome known law, which they neither know nor believe that it is.' The fheriff then moved, that the court would direct the hangman to perform the order of the council; to which it was anfwered, That, as he was an officer of the corporation, they would give no fuch order. Whereupon the fheriff ordered his own negro to burn them, and the officers of the garrifon attended. On Sunday November 17, 1734, Zenger was taken up and im prifoned by virtue of a warrant in these words: At a council held at Fort-George in New-York, the 2d day of PRESEN T. His excellency William Cofby, captain general and governor in Mr. Clarke, Mr. Kennedy, Mr. Lane, chief, &c. Mr. Harrison, The chief juftice, Mr. Horfmanden, Mr. Livingston, king, lords and commons have here at home, and their acts have the fame force, if not difapproved by his majefty; confcquently a refolution of either houfe of affembly meet generally with the fame respect from the people within the province, that a refolution of either houfe of parliament does in England; but in this cafe of Zenger's, tho' the council had by their refolution declared the papers published by him to be falfe, fcandalous, malicious and feditious libels, as the jury upon his trial ivere upon their oaths, and thereby bound to deliver their own opinion, and not that of the council, they thought themfelves obliged to acquit the prifoner, by returning a verdict, not guilty; which is the verdict every jury-man is in confcience bound to return, if he thinks that the prifoner is not guilty of the crime charged in the indiament or information. "It is ordered, that the fheriff for the city of New-York, do forthwith take and apprehend John Peter Zenger, for printing and publishing several feditious libels, difperfed throughout his journals or news-papers, entitled, The New-York Weekly Journal, containing the freshest advices, foreign and domeftic; as having in them many things, tending to raise factions and tumults among the people of this province, inflaming their minds with contempt of his majesty's government, and greatly difturbing the peace thereof; and, upon his taking the faid John Peter Zenger, to commit him to the prifon or common gaol of the faid city and county. Fred. Morris, D. Cl. Con." By virtue of this warrant he was imprisoned feveral days; and illegally, as well as cruelly denied the ufe of pen, ink and paper, and the liberty of fpeech with any perfons.- Upon his commitment, fome friends foon got a habeas corpus to bring him before the chief justice, in order to his discharge or being bailed; on the return whereof, on Wednesday the 20th of November, his council delivered exceptions to the return, and the chief juftice ordered them to be argued publickly at the city hall, on the Saturday following. ; "But On Saturday the 23d of November, the faid exceptions came to be argued, by James Alexander and William Smith, council for Zenger; and by Mr. Attorney-general and Mr. Warrel, council against him, in prefence of fome hundreds of the inhabitants where his council (faving the benefit of exception to the illegality of the warrant) infifted, that he might be admitted to reasonable bail. And to fhew, that it was his right to be fo, they offered Magna Charta, the petition of Right 3 car. The habeas corpus act of 31 car. 2. which directs the fum in which bail is to be taken, to be, " according to the quality of the prifoner, and nature of the offence." Alfo 2d Hawkins, Cap. 15. §. 5. in these words, Juftices must take care, that, under pretence of demanding fufficient Jecurity, they do not make fo excessive a demand, as in effect amounts to a denial of bail; for this is looked on as a great grievance, and is complained of as fuch, by 1. W. &. M. feff. zd. by which it is declared, That exceffive bail ought not to be required. It was alfo fhewn, that the feven bifhops, who, in king James the IId's time, were charged with the like crime that Zenger stood charged with, were admitted to bail on their own recognizances, the archbishop in 2001. and each of the other fix in 100l. each only. Sundry other authorities and arguments were produced and infifted on by council, to prove his right to be admitted to moderate bail, and to fuch bail as was in his power to give; and fundry parts of history they produced, to fhew how much the requiring exceffive bail had been refented by parliament. And in order to enable the court to judge what furety was in his power to give, he made affidavit, that (debts paid) he was not worth forty pounds, the tools of his trade and wearing apparel excepted. Some warm expreffions (to fay no worfe of them) were dropped on this occafion, fufficiently known and refented by the auditory. B 2 But IN an age of perfecution, when few people dare to write, and fewer ftill to print, thefe Trials ought to be univerfally read by every TRUE FRIEND TO ENGLISH LIBERTY; who will bere fee two of the most noble ftands which have been made fince the Revolution, in DEFENCE of CONSTITUTIONAL FREEDOM. As meriting that Notice, Zenger's Trial (of which this is a new Edition, it having been for Some time very scarce) has been lately recommended, in the Arongeft terms, by fome of the most able, as well as the most boneft men now living. BUR. OF GLUT A NARRATIVE OF THE CASE OF JOHN PETER ZENGER, Printer of the NEW-YORK Weekly Journal. ENGER's firft News-paper was printed, Nov. 5, 1733, and he continued printing and publishing them, to the public fatisfaction, till the January following; when the chief juftice was pleased to animadvert upon the doctrine of libels, in a long charge given in that term to the grand jury, of which Zenger's papers was the principal object; and afterwards on the third Tuefday of October, 1734, was again pleased to harangue the grand jury, in the following words: "I fhall obferve concerning libels; that they are arrived to that height, that they call loudly for your animadverfion; it is high time to put a stop to them; for at the rate things are now carried on, when all order and government are endeavoured to be trampled on, and reflections are caft upon perfons of all degrees, muft not these things end in fedition, if not timely prevented? Lenity, you have feen, will not avail; it becomes you then to enquire after the offenders, that we may, in a due courfe of law, be enabled to punish them. If you, gentlemen, not interpofe, confider whether the ill confequences that may arife from any disturbances of the public peace, may not in part lie at your door " But the grand jury not indicting Zenger, as was expected, the gentlemen of the council took four of his news-papers into con fideration, and having by their resolution declared them to be false, fcandalous * As fome of our readers may perhaps be unacquainted with the form of government in New-York, we must inform them, that in that province, as well moft of the British plantations in America, the form of government is the very fame with that in England; as it confifts of a governor, a council, and an affembly. The governor is named by the king, and reprefents the fovereign within the province of which he is appointed governor : the council confifts of a certain number of members, all of whom are named by the king, and resembles the house of lords in England, being for that reafon fometimes called the upper-houfe of affembly; and the affembly confifts of a number of reprefentatives chofen by the people in their feveral parishes or diftricts, refembling the houfe of commons in England, and for that reafon are often called the lower-houfe of affembly. Thefe three branches of the legislature have, within their province, the fame powers and privileges that the B king, |