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John Peter Zenger

Released
Date of birth:26. 10. 1697
Date of death:28. 07. 1746
Age:48 Deceased
Gender:Male
Race:White
Era:1700s
State:New York
Time Imprisoned:
8 Months 19 Days
Support
Press Freedom Civil Liberties
John Peter Zenger

Biography

John Peter Zenger was the New York printer whose acquittal on a charge of seditious libel became the founding episode of the American free press. Born in the Rhenish Palatinate on October 26, 1697, he came to New York in 1710 as a boy among the Palatine refugees and was apprenticed to William Bradford, the colony's official printer. In November 1733 he began printing the New-York Weekly Journal, the paper of the faction opposing Governor William Cosby, which attacked the governor for removing a chief justice who had ruled against him and for rigging elections. Cosby could not persuade two successive grand juries to indict, so his attorney general, Richard Bradley, proceeded by information instead, and on November 17, 1734 the sheriff arrested Zenger and jailed him in the cells at New York's City Hall. Bail was fixed at 400 pounds; Zenger swore that his entire estate apart from his tools and his clothes came to less than 40, and so he stayed in prison for more than eight months awaiting trial. The Journal missed a single issue: his wife, Anna Catharina Maulin Zenger, kept it printing, taking his directions, by the standard account, through a hole in the door of his cell. His own lawyers, James Alexander and William Smith, were disbarred by Chief Justice James DeLancey for challenging the judges' commissions, and the aged Philadelphia lawyer Andrew Hamilton came north to take the case. Under the law as it stood, truth was no defence — the more truthful the libel, the greater the offence — and DeLancey refused to let Zenger prove that what he had printed was true. Hamilton conceded the printing and appealed over the judge's head to the jury, telling them the question was the liberty of exposing and opposing arbitrary power. The jury returned a verdict of not guilty in about ten minutes on August 5, 1735, and Zenger walked out after 261 days inside. The verdict changed no law, but no royal governor in America tried a printer for seditious libel with much confidence afterwards. Zenger later became public printer for the colonies of New York and New Jersey, and died in New York City on July 28, 1746.

Case

New York City Hall Jail
Charges: Seditious libel.
Arrested: Nov 17, 1734
Incarcerated: Nov 17, 1734
Released: Aug 5, 1735
Sentence: No sentence — acquitted. He was held from his arrest on November 17, 1734 until the verdict on August 5, 1735 because bail was set at 400 pounds and he swore his whole estate outside his tools and clothing was worth under 40. His counsel James Alexander and William Smith were disbarred before trial for challenging the judges' commissions; Andrew Hamilton of Philadelphia argued the case, conceding the printing and asking the jury to treat truth as a defence though the court had ruled it was not. Verdict as recorded: No — acquitted by the jury on August 5, 1735, after about ten minutes, in the trial that began August 4 before Chief Justice James DeLancey. Charges as recorded: Seditious libel — for articles in the New-York Weekly Journal attacking Governor William Cosby. Two grand juries refused to indict, so Attorney General Richard Bradley proceeded by information.
Prosecutor: Attorney General Richard Bradley
Judge: Chief Justice James DeLancey
Convicted: No — acquitted
Institution State: New York