August 9, 2022
Anyone reading this doesn’t know him. Never heard of him. Or likely has forgotten him. In either of these cases, he is relevant today. Especially today. Because yesterday, August 8, with warrant in hand, the FBI breached and searched the Trump residence in Florida. This was a first — the first time in all of American history that the FBI or any other U.S. agency raided a former President’s home. And this is why John Peter Zenger is someone you should meet, or remember — especially today.
August, 1734
Zenger was a German immigrant. He owned a print shop. He printed a publication called The New York Weekly Journal owned by several people who had a bone to pick with the then Colonial Governor of NY William S. Cosby. During his short term, Brigadier-General Cosby was portrayed as one of the most oppressive governors in the Thirteen Colonies. Cosby’s primary bone-picker was a chief justice — Lewis Morris — whom Cosby had dismissed from a special court he had convened to hear a civil lawsuit case involving Cosby himself. The Governor appointed James DeLancey to replace Morris. Since Cosby proved to be greedy, mean-tempered and corrupt, Judge Morris and friends were silent partners in founding the Journal and systematically wrote material that exposed the Governor’s corrupt practices. To make matters worse, the paper made fun of him, even with published songs. The editorial campaign lasted months. Finally, the beleaguered Governor got his legal ducks in a row and made an arrest. But the defendant wasn’t Morris or any of his “co-conspirators.” Immigrant Peter Zenger was arrested in late 1734 and imprisoned for nine months, awaiting trial.
August, 1735
He was brought to trial in August, 1735, for the crime of Libel — exactly 290 years ago. Zenger refused to name the authors of the Journal stories, and took the heat as the newspaper’s publisher. Under English law, Zender’s goose was cooked. In 1735, the issue had nothing to do with what was “true or false.” For Zenger, it was libel to publish any information opposed to the government. Think about that, Matilda. Herr Zenger was dead meat — until a Perry Mason moment changed the course of history. Everyone in the courtroom was a friend of Cosby’s power structure except for a new jury that had replaced Cosby’s deviously packed jury. Still, since truth was not a defense, there was no question of the outcome. When Zenger’s court appointed (inexperienced) counsel began his defense, there was a commotion in the back of the room and in strode the most famous lawyer in all the colonies.
Andrew Hamilton
Yes, he agreed, Zenger printed the charges. But, Hamilton demanded that the prosecution prove the charges false. If the prosecutor could prove falsehood, he would agree they were libelous. This “truth defense” baffled Chief Justice James DeLancey. He reiterated that truth did not matter in libel cases. But in a stirring appeal to the jury, Hamilton said, “Are we to believe that truth is a greater sin than falsehood?” If the matter was up to judges alone, juries would be “useless.” He argued that telling the truth did not cause governments to fall. Rather, it is “abuse of power” that cripples governments. Finally, Hamilton turned to the jury and pleaded for acquittal, proclaiming “It is not the cause of one poor printer, but the cause of liberty.” As expected, judge DeLancey ordered the jury to convict but in less than ten minutes the jury came back with a verdict of Not Guilty. The cheers would resonate throughout the countryside.
Zender & Trump
The cause of freedom of the press took shallow root in 1735 and would not reach fruition until passage of the First Amendment in 1783. The U.S. Constitution was ratified in 1788. Separated by nearly three centuries, Peter Zenger and Donald Trump share an unusual juxtaposition. The German printer faced the tyranny of absolute power under a King, giving rise to the birth of a free press as the guardian of truth. Donald Trump also faces tyranny — by a governmental power; but that same free press has lied and colluded, incomprehensibly, to protect tyranny. Americans are the first to champion the First Amendment and a Free Press. No true democracy exists without it. A free media should allow for the exchange of ideas and for dissenting voices. Because when any government holds power, Media must be a sentinel — free to be the Guardian of Truth.
Epilogue
America’s established Media and the reigning Federal Government of the Unites States, circa 2022, lie in the same bed. That bed is spoiled, debased, iniquitous. Zenger’s trial in 1735 planted the seed that bore a rich and necessary fruit. The American Republic can not survive without a free press nor can it live with a free press that is “owned” by any governmental party or special interest. If Truth is for sale in America, pack it in. Better come up with a new name. Unless the people act, America is done.
Source:
https://www.ushistory.org/us/7c.asp
https://www.crf-usa.org/images/pdf/znger_ms.pdf
www.conventionofstates.com