who was john peter zengers lawyer

by Ashly Lowe 3 min read

Who was the defense attorney for John Peter Zenger?

The court did this because it was known that no attorney in the Province of New York would be as bold in the defense of John Peter Zenger as Alexander and Smith. A man named John Chambers was then assigned as a counsel for Zenger and entered a plea of not guilty.

What happened to John Peter Zenger printer?

On Monday evening last, departed this Life, Mr. John Peter Zenger Printer, in the 49th Year of his Age. He has left a Wife and six Children behind, he was a loving Husband, and a tender Father, and his Death is much lamented by his Family and Relations.

Why was John Peter Zenger not at the Christmas party?

For John Peter Zenger, the protagonist, was not present to join the festivities. The city government refused to release him until the jail had been reimbursed for the expense of his maintenance during the eight and a half months of his confinement.

What did John Peter Zenger do for freedom of the press?

John Peter Zenger. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press. In 1733, Zenger began printing The New York Weekly Journal, in which the journal voiced opinions critical of the colonial governor, William Cosby.

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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 is John Peter Zenger famous for?

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.

Who was involved in the Zenger case?

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, an amount far in excess of Zenger's means.

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.

Who was John Peter?

John Desmond Peter (1921–1983) was an English literature scholar, essayist, and novelist born in South Africa. He studied law at the University of South Africa, and English literature at Cambridge University, later obtaining his Ph.

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?

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. The defense admitted that Zenger published the offending stories, but denied that it was libel unless it was false.

When was John 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.

Why was John Peter Zenger found not guilty of seditious libel?

Two grand juries failed to indict Zenger on charges of seditious libel, which in colonial times meant criticizing the colonial government “without lawful excuse or justification.” He also tried to have copies of the Weekly Journal burned in public, but he was met with resistance from local officials.

What was the most famous colonial court case dealing with freedom of the press?

One of the first court cases involving freedom of the press in America took place in 1734. British governor William Cosby brought a libel case against the publisher of The New York Weekly Journal, John Peter Zenger, for publishing commentary critical of Cosby's government.

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 ...

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 the attorney general of Pennsylvania in 1717?

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. Hamilton was the Attorney General of Pennsylvania from 1717 through 1726 and became Recorder ...

Was John Zenger guilty of printing 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'.".

Who was John Zenger?

John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed The New York Weekly Journal. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press. In 1733, Zenger began printing The New ...

Who was the attorney General of Zenger?

After a grand jury refused to indict him, the Attorney General Richard Bradley charged him with libel in August 1735. Zenger's lawyers, Andrew Hamilton and William Smith, Sr., successfully argued that truth is a defense against charges of libel.

What is the significance of the Zenger case?

In defending Zenger in this landmark case, Hamilton and Smith attempted to establish the precedent that a statement, even if defamatory, is not libelous if it can be proved, thus affirming freedom of the press in America; however, succeeding royal governors clamped down on freedom of the press until the American Revolution. This case is the groundwork of freedom of the press, not its legal precedent. As late as 1804, the journalist Harry Croswell lost a series of prosecutions and appeals because truth was not a defense against libel, as decided by the New York Supreme Court in People v. Croswell. It was only the following year that the assembly, reacting to this verdict, passed a law that allowed truth as a defense against a charge of libel.

Why did Zenger print copies of newspapers in New York City?

In 1733, Zenger printed copies of newspapers in New York to voice his disagreement with the actions of the newly appointed colonial governor William Cosby. On his arrival in New York City, Cosby had plunged into a rancorous quarrel with the council of the colony over his salary.

Where was Peter Zenger born?

Early life. Peter Zenger was born in 1697, a son of Nicolaus Eberhard Zenger and his wife Johanna. His father was a school teacher in Impflingen in 1701. The Zenger family had other children baptised in Rumbach in 1697 and in 1703 and in Waldfischbach in 1706. The Zenger family immigrated to New York in 1710 as part of a large group ...

Who was the New York Weekly Journal published by?

In 1733, Zenger began printing The New York Weekly Journal, which voiced opinions critical of the colonial governor, William Cosby. On November 17, 1734, on Cosby's orders, the sheriff arrested Zenger. After a grand jury refused to indict him, the Attorney General Richard Bradley charged him with libel in August 1735.

Who edited the book The Trial of Peter Zenger at Project Gutenberg?

Works by John Peter Zenger at Open Library. John Peter Zenger at Find a Grave. The Trial of Peter Zenger at Project Gutenberg (1957 book, edited by Vincent Buranelli) Authority control.

Who was J. ohn Peter Zenger?

J ohn Peter Zenger was a German-born printer and journalist who published the New-York Weekly Journal. The newspaper was a political forum for colonists who opposed the policies of New York governor William Cosby. Although Zenger did not write the articles he published, he was responsible for their content. Charged with libel (making a false statement that exposes another person to public contempt) in 1734, he was arrested and held in jail for ten months. After he finally went to trial his lawyer, Andrew Hamilton, won an acquittal (not-guilty verdict) that established the first victory for freedom of the press (the right of newspapers to print truthful information) in the American colonies.

What was the significance of the verdict of John Peter Zenger?

The decision was cheered by spectators in the courtroom and later hailed by the general public. The verdict, which established the truth as a defense against libel charges, is considered the first significant victory for freedom of the press in America. The following year Zenger wrote a word-for-word account of the trial, which was published as A Brief Narrative of the Case and Tryal of John Peter Zenger (1736). His report was subsequently issued in several editions and generated considerable interest in the American colonies and in Britain.

What did Cosby do to Zenger?

In January of 1734 Cosby attempted to imprison Zenger for seditious libel, but DeLancey failed to convince a grand jury to indict him. Ten months later a second grand jury declined to indict Zenger, prompting the governor's council to command the destruction of all offensive Journal articles. When a third grand jury refused to issue an indictment against Zenger, Cosby ordered his attorney general to charge Zenger with seditious libel by "information," an alternative legal procedure by which criminal proceedings may be instituted against a defendant.

What was the Zenger case?

In a way, the Zenger case was an isolated episode in the political infighting of one colony. In other ways, it did foreshadow future developments in the freedoms of Americans. Alexander used the case to give voice to some of the most advanced thoughts about liberty that an educated man of his time could encounter. And the decision of the jury, ignoring the demands of English law, revealed the way in which new situations in America might transform old beliefs and old loyalties.

Why did John Peter Zenger come to America?

This area was a prime source of emigration to America because the country had been impoverished by a succession of wars and the extravagance of the local rulers. In 1710, 3,000 Palatinate refugees were sent by Queen Anne of England in order to establish the production of naval stores in New York. In return for seven years of labor, the emigrants were promised grants of land. Bad fortune began when a fourth of their number died during a disastrous voyage; the scheme led to bitter experiences even for those who survived. Among the dead was the father of 13-year-old John Peter Zenger, whose mother arrived in the New World with three children to care for.

What happened to the first issue of the Journal?

The first issue of the Journal appeared on November 5, 1733. Since Zenger had not fully mastered the English language, he did not write any major articles. Most of the pieces, which accused Cosby of governing without the will of the people, were probably written by the backers of the newspaper. Yet Zenger as publisher was responsible for every word. After the Journal had been running for nearly a year, the New York council (law-making body) decided to punish Zenger. They ordered the burning of four especially offensive issues of the Journal. Court officials refused to carry out the order, however, and the sheriff's African slave finally burned the papers. Zenger was arrested within a few days and his bail (payment for freedom from imprisonment before a trial) was set at four hundred pounds (a sum of British money), plus two hundred pounds in bail insurance. He could not raise the funds, so he was sent to prison. For several days he was held in isolation, then he spent almost ten months behind bars. During this time Anna Zenger published the newspaper each week, smuggling her husband's instructions out of the prison.

Where did Zenger live?

When he completed his apprenticeship, Zenger moved to Chestertown, Md., to make his own living. Though he was named to print the session laws of the legislature, he apparently did not prosper there and in 1722 returned to New York. For a short time he entered a partnership with Bradford, then in 1726 again started his own business. Much of what he printed was in Dutch; little was important, except for the first arithmetic printed in New York. He was neither thriving nor influential. His first wife had died, and in 1722 he had married again.

Why was John Zenger in jail?

For more than eight months the thirty-eight-year-old John Peter Zenger (whose family had left the Upper Palatinate when he was thirteen) had been held in jail on charges of seditious libel stemming from his publication in the Journal of criticisms of the current colonial administration in New York.

Where was John Zenger arrested?

On Sunday, November 17, 1734, Zenger was summarily arrested by the sheriff and locked in the common jail on the third floor of city hall. The charge specified that his paper, the Journal , contained 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 disturbing the Peace thereof.”

What was the significance of the Zenger trial?

In the words of Gouverneur Morris: “The trial of Zenger in 1735 was the germ of American freedom, the morning star of that liberty which subsequently revolutionized America. ”.

How many children did Zenger have?

He has left a Wife and six Children behind, he was a loving Husband, and a tender Father, and his Death is much lamented by his Family and Relations. For five difficult years Zenger’s widow and oldest son, John, Jr., did their best to carry on the paper.

Who was the attorney general who testified that Zenger and no other man had published the libellous papers?

Attorney General Bradley was about to call his first witness to testify that Zenger and no other man had published the libellous papers when Hamilton interceded and astonished the court by an amiable declaration. “I’ll save Mr. Attorney the Trouble of examining his Witnesses to that Point; and I do (for my Client) confess, that he both printed and published the two News Papers set forth in the Information, and I hope in so doing he has committed no crime.”∗

Was John Chambers guilty of Zenger?

Zenger’s predicament had now become grave indeed. There were few lawyers in New York and none so able as Alexander and Smith. A prisoner without counsel, Zenger had no recourse but to petition the court to assign an attorney for his defense. De Lancey responded by naming John Chambers, a young man relatively competent but relatively inexperienced and a member of the Court Party. He pleaded Not Guilty for Zenger and requested an adjournment until the summer term in order to prepare his case. It was granted and Zenger stayed in jail.

Who gave Zenger his paper?

It was Alexander, Van Dam’s gifted attorney , who gave Zenger’s paper its basic tone. He and his fellow contributors dipped into the past, quoted from the classics, cited the essays of Addison and Steele, and composed original diatribes against Cosby and his so-called Court Party.

Who was John Zenger?

John Peter Zenger, a German immigrant , settled in New York with his family at the age of 13 in 1710. He spent his childhood as an apprentice to William Bradford learning the printing trade before setting up his own press in 1725.

Who represented Zenger in the colonial court?

During this period, Zenger’s allies were able to secure representation for him by the premier trial-lawyer in the colonies, Andrew Hamilton. Given the laws surrounding libel at the time, Hamilton's task was extremely difficult. The prosecution only had to prove that Zenger had printed the articles—not that what he printed was false.

What was the legal procedure for Cosby vs Zenger?

By November of 1734, a full year after the Weekly Journal’s first publication, Cosby resorted to proceed against Zenger through a highly unpopular legal procedure in the colony, which allowed the prosecution to bring charges without a grand jury indictment. Cosby’s stacked court subsequently issued a bench warrant for Zenger’s arrest.

Why did Cosby take legal action against Zenger?

Immediately Cosby sought to take legal action against Zenger and his printing shop in retaliation against the newspaper that consistently lampooned the governor’s administration.

Who was the printer for the New York Weekly Journal?

Zenger was approached by the political allies of the recently removed Chief Judge Lewis Morris to act as the printer for an independent newspaper. By late 1733 The New-York Weekly Journal was a huge success for the allies of Morris and enemies of the colony’s Governor William Cosby, who had summarily dismissed Morris for refusing to back his pension claims.

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 was the attorney General of Philadelphia in the Zenger case?

This provided Zenger’s allies the opportunity to secure for the printer representation by the pre-eminent colonial attorney, Andrew Hamilton of Philadelphia. When the trial commenced in the courtroom on the second floor of City Hall on August 4, Attorney-General Richard Bradley stated the substance of the “information” and in response, John Chambers entered a plea of “not guilty” on behalf of his client. He then described clearly the nature of the case, the necessity that the Attorney General prove who was responsible for the libel, and his expectation that the Attorney-General would fail in his proof. 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 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 difficulty in Zenger v. Cosby?

Their main difficulty was that the truth of the published statements was immaterial. Further, the role of the jury in a seditious libel case was limited to deciding whether the person charged was responsible for the allegedly libelous statement. If the jury found in the affirmative, Justices De Lancey and Philipse, close allies of Cosby, would examine the text to determine if the statements constituted seditious libel.

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.

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:

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Overview

John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed The New York Weekly Journal. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press.
In 1733, Zenger began printing The New York Weekly Journal, which voiced opi…

Early life

Peter Zenger was born in 1697, in Rumbach, German Palatinate. Most of the details of his early life are obscure. He was a son of Nicolaus Eberhard Zenger and his wife Johanna. His father was a school teacher in Impflingen in 1701. The Zenger family had other children baptised in Rumbach in 1697 and in 1703 and in Waldfischbach in 1706. The Zenger family immigrated to New York in 1710 as part of a large group of German Palatines, and Nicolaus Zenger was one of those who di…

Libel case

In 1733, Zenger printed copies of newspapers in New York to voice his disagreement with the actions of the newly appointed colonial governor William Cosby. On his arrival in New York City, Cosby had plunged into a rancorous quarrel with the council of the colony over his salary. Unable to control the colony's supreme court, he removed Chief Justice Lewis Morris, replacing him …

Death

Zenger died in New York on July 28, 1746, with his wife continuing his printing business.

Legacy and honors

During World War II, the Liberty ship SS Peter Zenger was named in his honor.

See also

• Early American publishers and printers
• Areopagitica
• Federal Hall
• Freedom of the press
• Freedom of speech in the United States

Bibliography

• Copeland, David. "The Zenger Trial." Media Studies Journal 14#2 (2000): 2-7.
• Covert, Cathy. "‘Passion Is Ye Prevailing Motive’: The Feud Behind the Zenger Case." Journalism & Mass Communication Quarterly (1973) 50#1 pp: 3-10.
• Eldridge, Larry D. "Before Zenger: Truth and Seditious Speech in Colonial America, 1607-1700." American Journal of Legal History (1995): 337-358. in JSTOR

Further reading

• Levy, Leonard W. (January 1960). "Did the Zenger Case Really Matter? Freedom of the Press in Colonial New York". The William and Mary Quarterly. Omohundro Institute of Early American History and Culture. 17 (1): 35–60. JSTOR 1943478.

Origin

Life

Background

  • The colony of New York was faction-ridden. A brief period of internal peace ended with the arrival in 1732 of the new governor, William Cosby, who wished to use the post to enhance his own fortunes. Cosby's high-handedness and greed conflicted with the self-esteem and greed of other New Yorkers. When, in the middle of a rather squalid financial case, Cosby summarily removed t…
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Publication

  • The Morris faction, needing a newspaper for its barbs against the government, selected Zenger as their printer. On Nov. 5, 1733, the first issue of the New-York Weekly Journal appeared. It was not printed well, and Zenger's command of English was poor. But most of the writing was done by the Morris group, particularly by the brilliant James Alexander. The paper soon attracted a popular f…
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Trial

  • Hamilton made an eloquent and dramatic presentation to the jury. He argued for an enlarged role for the jury, as opposed to the judges, in libel cases. He also insisted that the truth of the charges was crucial in deciding whether or not what had been said was unlawful. Both of these arguments contradicted established legal practice. Customarily, judges instructed juries as to the law, and h…
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Aftermath

  • Zenger's paper had continued to appear during his imprisonment. His wife was acknowledged as the printer, as she would be again after his death in 1746. In prison Zenger had been a useful martyr for the Morris forces. With the political compromises that followed the trial, he received a good deal of patronage printing. Throughout, he had managed to remain obscure. But the trial th…
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Impact

  • Actually the case had little effect on freedom for printers afterward. It was a fluke in colonial law. It did not limit the power of legislatures to suppress printers. Not until the end of the 18th century would there be many consistent advocates of freedom of expression.
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Significance

  • In a way, the Zenger case was an isolated episode in the political infighting of one colony. In other ways, it did foreshadow future developments in the freedoms of Americans. Alexander used the case to give voice to some of the most advanced thoughts about liberty that an educated man of his time could encounter. And the decision of the jury, igno...
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