who was john peter zenger's lawyer

by Blanche Fadel 5 min read

Why was John Peter Zenger put in jail?

O n November 17, 1734, newspaper printer John Peter Zenger was arrested on charges of seditious libel. He would spend eight months in jail, and the ensuing trial would result in a symbolic victory for a free press and lay the foundation for the American Revolution and the First Amendment. Zenger was the publisher of the Weekly Journal in New York.

Why was John Peter Zenger put on trial?

Zenger was brought to trial and charged with seditious libel. The prosecution argued that the sole fact of publication was sufficient to convict and excluded the truth from the evidence. This finding of not guilty established truth as a defense against libel and was a landmark victory for freedom of the press.

Why was John Peter Zenger's acquittal significant?

Why is the John Peter Zenger case important? John Peter Zenger, (born 1697, Germany—died July 28, 1746, New York City), New York printer and journalist whose famous acquittal in a libel suit (1735) established the first important victory for freedom of the press in the English colonies of North America.

Why did John Peter Zenger go to court?

John Peter Zenger (1697-1746), American printer, was selected to print a weekly newspaper by a faction of influential men opposed to a governor of New York. Zenger was charged with libel and acquitted. The case has forever associated his name with the cause of freedom of speech and of the press in America.

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What was the name of John Peter Zenger's lawyer?

Zenger's lawyers, Andrew Hamilton and William Smith, Sr., successfully argued that truth is a defense against charges of libel.

What did John Peter Zenger's lawyer argue?

Disregarding the judge's admonition, his brilliant Philadelphia defense attorney, Andrew Hamilton, argued that the jury itself was competent to decide the truth of Zenger's printed statements.

What was John Peter Zenger known for?

John Peter Zenger was a German immigrant who printed a publication called The New York Weekly Journal. This publication harshly pointed out the actions of the corrupt royal governor, William S. Cosby. It accused the government of rigging elections and allowing the French enemy to explore New York harbor.

What are three facts about John Peter Zenger?

John Peter Zenger apprenticed with William Bradford for eight years beginning in 1711, learning the printing trade. He was 14 years old when he began. William Bradford was considered to be one of America's printing pioneers. In 1719 John Peter Zenger married Mary White.

Why did William Cosby Sue Rip Van Damme?

Cosby assumed in August 1732 but Van Dam refused to take his corresponding oath of councilman. Cosby was enraged by Van Dam's stubbornness so he filed a lawsuit against him to despoil the half of his acting governor salary.

When was Peter Zenger's trial?

August 4, 1735After John Peter Zenger had languished in jail for an entire year, his trial began on August 4, 1735 inside a small court room in the New York City Hall.

How did John Peter Zenger's trial influence the First Amendment?

Zenger's case established that truth cannot be libelous The importance of the case is that it established the principle, now firmly embedded in U.S. law, that truthful information cannot be libelous.

Who was John Peter Zenger quizlet?

He was a journalist and printer for a newspaper in New York. He was an advocate for the freedom of press in the colonies. One of his newspapers was charged because he wrote a story about the corrupt government.

What was the Zenger case quizlet?

Journalist who questioned the policies of the governor of New York in the 1700's. He was jailed; he sued, and this court case was the basis for our freedom of speech and press. He was found not guilty.

Who was the attorney who defended Zenger?

Chief Justice James Delancy disbarred James Alexander and William Smith who stood ready to defend Zenger at his April 1735 trial after they questioned Delancy’s authority to preside. After John Chambers, a court-appointed attorney, presented the opening argument, Andrew Hamilton, a noted Philadelphia attorney (and designer of the building that is today known as Independence Hall), intervened on Zenger’s behalf.

Why was Zenger indicted?

Zenger was indicted for seditious libel for criticizing the governor. Zenger, born in Germany, immigrated to America at a young age. He was apprenticed to New York’s only printer, William Bradford, after Zenger’s father died. Zenger then went into publishing on his own.

Why is Zenger important?

Gouverneur Morris, a major figure at the Constitutional Convention of 1787 and a descendant of Judge Lewis Morris, later described Zenger as “the germ of American freedom, the morning star of that liberty which subsequently revolutionized America” (McManus 1999: 914). The importance of the case is that it established the principle, now firmly embedded in U.S. law, that truthful information cannot be libelous. Alexander Hamilton used this argument in the case of People v. Croswell (N.Y. 1804) when defending Harry Croswell against charges of criminal libel for accusations that he had made about President Thomas Jefferson. The concept was later incorporated into the law of New York and other states.

Why did Cosby seek indictments against Zenger?

Cosby in turn sought indictments against Zenger for seditious libel, which he eventually secured through “information” after grand juries rebuffed him. An agent of the governor subsequently burned copies of the Weekly Journal in front of city hall.

What is the significance of the Crown v. Zenger case?

Many consider this case to establish a principle that is now embedded in U.S. law that truthful information cannot be libelous. (Courtroom sketch depicting the trial of Crown v. John Peter Zenger, public domain). The trial of John Peter Zenger (1697–1746) was one of the most important events in shaping American thinking toward freedom ...

Who was the governor of New York indicted for publishing articles criticizing him?

Other articles in Americans prominently involved with First Amendment issues. The governor of New York secured an indictment of seditious libel against John Peter Zenger for publishing articles criticizing him. At this time in history and based on English common law, truth was not a defense for libel. But after a compelling defense by Andrew ...

Who published the dissent of Judge Lewis Morris?

After a lawsuit resulted in providing the colonial governor, William Cosby, half the salary of the previous acting governor, Zenger published the dissent of Judge Lewis Morris in pamphlet form. After Cosby fired Morris and replaced him with James Delancy, an opposition party, the Morrisites, formed and commissioned Zenger to publish ...

Who was John Zenger?

See Article History. John Peter Zenger, (born 1697, Germany—died July 28, 1746, New York City), New York printer and journalist whose famous acquittal in a libel suit (1735) established the first important victory for freedom of the press in the English colonies of North America.

Who argued that the jury was competent to decide the truth of Zenger's printed statements?

Disregarding the judge’s admonition, his brilliant Philadelphia defense attorney, Andrew Hamilton, argued that the jury itself was competent to decide the truth of Zenger’s printed statements.

Who was the public printer in New York?

Page from John Peter Zenger' s New York Weekly Journal. Zenger subsequently served as public printer in both New York and New Jersey. His account of the trial was published in 1736 in the Journal and was widely circulated in both the United States and England.

What was the significance of the John Peter Zenger trial?

The monumental trial of John Peter Zenger took place on the historic site where Federal Hall National Memorial now stands. The case inspired the entire city and helped to further the cause for freedom that led to revolution, forty years later. The John Peter Zenger trial would lead the way for the First Amendment to the Constitution ...

When did John Zenger go to jail?

After John Peter Zenger had languished in jail for an entire year, his trial began on August 4, 1735 inside a small court room in the New York City Hall. The Attorney General opened the case, saying that the defendant had pleaded not guilty to printing ...

When did the Supreme Court disbar John Zenger?

On April 16th, 1735, the New York Supreme Court met in the second floor courtroom of New York City Hall. After attorneys James Alexander and William Smith, who were also Popular Party members, had attempted to represent John Peter Zenger at his trial, the Court decided to disbar both of them. The court did this because it was known ...

Who was John Chambers?

A man named John Chambers was then assigned as a counsel for Zenger and entered a plea of not guilty. Chambers was a young man with little law experience in law. He was also complementary of Governor William Cosby's administration.

Who was Alexander Hamilton's trial attorney?

Alexander and Smith searched for the most experienced trial attorney in the colonies and selected a man by the name Andrew Hamilton. A resident of Philadelphia, Pennsylvania, he was no relation to Alexander Hamilton and was born in Scotland in 1656.

Was John Peter Zenger guilty of printing and publishing libels?

When the jury returned, the Clerk asked whether they agreed on a verdict and whether John Peter Zenger was guilty of printing and publishing libels. The jury's foreman, Thomas Hunt, replied, "Yes, the verdict is 'Not Guilty'.". The monumental trial of John Peter Zenger took place on the historic site where Federal Hall National Memorial now stands.

Case Summary

seditious libel charges for printing true information about corrupt government officials

Other Resources

Research and Writing Credit: Nathan Tschepik, Kirsten C. Tynan Photo Credit: The New-York Weekly Journal and Andrew Hamilton Defending John Peter Zenger from Wikimedia Commons

Where was John Zenger born?

John Peter Zenger was born in Germany in 1697. He immigrated to New York with his family in 1710. His father died during the voyage, and his mother, Joanna, was left to support him and his two siblings.

Who was Zenger approached by?

Zenger was approached by Lewis Morris, a chief justice who had been removed from the bench by Governor William Cosby after he ruled against him. Morris and his associates created the “Popular Party” in opposition to Governor Cosby and needed a newspaper to help them spread the word.

What was Zenger arrested for?

Zenger was arrested and a formal charge of seditious libel was made against him on November 17, 1734. Unlike today where libel is only proven when the published information is not only false but intended to harm the individual, libel at this time was defined as holding the king or his agents up to public ridicule.

Why did Hamilton's case not create a precedent?

The result of the case did not create a legal precedent because a jury’s verdict does not change the law. However, it had a huge impact on the colonists who saw the importance of a free press to hold the government power in check. Hamilton was lauded by New York colonial leaders for his successful defense of Zenger.

Who was accused of libel in the New York Weekly Journal?

This case helped set the idea of freedom of the press. The trial of Peter Zenger in New York, 1734. The printer of the New York Weekly Journal was accused of libel. Defended by Andrew Hamilton, he was acquitted and this precedent established freedom of the press in the United States. Undated engraving.

Was Alexander Hamilton related to Zenger?

He was not related to Alexander Hamilton. However, he was important in later Pennsylvania history, having helped design Independence Hall. Hamilton took the case on pro bono. Zenger's original lawyers had been stricken from the attorney's list due to the corruption that surrounded the case.

Who wrote the trial of John Peter Zenger?

The full text of the famous 1736 account of Zenger’s trial. Although it was written from Zenger’s perspective, it is generally believed that it was written by his attorney James Alexander. The Trial of John Peter Zenger. PDF.

What was the significance of the Zenger case?

The Zenger case demonstrated the growing independence of the professional Bar and reinforced the role of the jury as a curb on executive power. As Gouverneur Morris said, the Zenger case was, “the germ of American freedom, the morning star of that liberty which subsequently revolutionized America!” 8.

What did the burning of books and other printed material by the public hangman symbolically reinforce?

Free Speech in the United States (1941) 3) In Tudor and Stuart England, the ceremonial burning of books and other printed material by the public hangman symbolically reinforced the power of the government to restrict freedom of expression.

Was Zenger in jail?

Unable to post bail, Zenger was returned to jail pending his trial. Defending Zenger against the charge of seditious libel presented challenges for the defense attorneys. Their main difficulty was that the truth of the published statements was immaterial.

Who was arrested in 1734?

On November 17, 1734, the sheriff arrested Zenger and took him to New York’s Old City Jail. Zenger’s attorneys, James Alexander and William Smith, sought a writ of habeas corpus and Zenger was brought before Chief Justice De Lancey who ordered a hearing for November 23, 1734. At the hearing, the court set bail at £400, ...

Who shut down the New York Weekly Journal?

Governor Cosby resolved to shut down the New-York Weekly Journal. John Peter Zenger was the newspaper’s printer, one of the few skilled printers in the Province at that time.

Who preempted Attorney General Bradley's case by admitting that Zenger had published the journals as alleged

At the close of Chambers’s speech, Andrew Hamilton rose on behalf of Zenger and preempted Attorney General Bradley’s case by admitting that Zenger had published the journals as alleged. In his address, Hamilton asked the jury to consider the truth of the statements published and concluded with these famous words:

Who was John Zenger?

John Peter Zenger was a German immigrant who printed a publication called The New York Weekly Journal. This publication harshly pointed out the actions of the corrupt royal governor, William S. Cosby. It accused the government of rigging elections and allowing the French enemy to explore New York harbor.

What was Zenger accused of?

The authors were anonymous, and Zenger would not name them. In 1733, Zenger was accused of libel, a legal term whose meaning is quite different for us today than it was for him. In his day it was libel when you published information that was opposed to the government. Truth or falsity were irrelevant.

What was John Zenger's symbol for?

John Peter Zenger became a symbol for the freedom of the press in the young American colonies. Seen above is a printing of the trial proceedings. No democracy has existed in the modern world without the existence of a free press. Newspapers and pamphlets allow for the exchange of ideas and for the voicing of dissent.

Who was the villain in the Zenger affair?

The man generally perceived to be the villain of the Zenger affair, William Cosby, arrived in New York on August 7, 1731 to assume his post as Governor for New York Province. Cosby quickly developed a reputation as “a rogue governor.” It is almost impossible to find a positive adjective among the many used by historians to describe the new governor : “spiteful,” “greedy,” “jealous,” “quick-tempered,” “dull,” “unlettered,” and “haughty” are a sample of those that have been applied.

How long has the power of trial attorneys been restricted?

For over 100 years, power in American courtrooms has gradually shifted#N#to judges and away from jurors. Trial attorneys today are severely#N#restricted in their ability to inform jurors of their power (if not#N#their right) to decide the law as well as the facts of a case.

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