Name



Name _______________________ Date ____________ Period ____

At a Council held at

Fort George in New York, November 2, 1734.

1. What is Zenger on trial for?

Printing and publishing false information about the Governor of New York.

2. According to the council, what impact did his actions have on the people?

It caused groups of people to rebel against the Governor and also caused confusion and disorder among the citizens in New York.

3. How does the council want to punish Zenger?

They want to arrest him and place him in jail.

4. Why would Governor Cosby feel that all criticism — both true and false — should be prohibited?

Because his statements jeopardized the peace of the colony, and it was illegal to speak out against the government.

Hamilton’s Argument

1. What freedom is Hamilton supporting?

The freedom of protest against the government, speech, and the press.

2. Why does he think this freedom is necessary? Provide evidence.

In order to preserve liberty and prevent tyranny.

3. What does he compare power to? Why do you think he is making this comparison?

A River. Rivers can be good if they don’t flood, but can cause many problems if they do. The same is true of having power in government.

4. Do you think a newspaper should have the right to criticize public officials? Why or why not?

Answers will vary.

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Assignment:

In groups you will study the Zenger case. You will be assigned one side of the case to argue, prosecution (against Zenger) and the defense (supporting Zenger). We will be presenting the arguments in our own mock trial.

Each group will construct an opening statement proving the client is guilty or innocent with evidence from the documents. Make sure to read through the historical background and documents to help frame your argument. We will be presenting the arguments to the class and our own classroom judge/jury to decide a verdict (decision) in the case. Good Luck!

Historical Background:

During the early 1700's, general weekly newspapers began to be printed in the English colonies. At first, they carried mostly old news from Europe. Then they began to report on local business and government. Much of the news was dull and tame.

Then, more and more, the papers began to criticize, or find fault with, harsh English rule in the colonies. Newspaper owners had to be careful. They were not free to print stories that attacked the government. Newspapermen who did so were often thrown into jail

It was against English law to publicly criticize the King or his government officials. They were supposed to be the source of all justice. They were thought to be above criticism. The following case is about a colonial editor, Peter Zenger who dared to make such criticism against the New York Colonies Governor William Cosby.

New York was an English colony. The colonists did not have the right to elect their own governor. In 1732, the King of England sent his friend, William Cosby, to be the Governor of New York. The people of New York knew very little about Cosby. At first, he seemed all right. However, the people of New York soon changed their minds about Cosby. He had been accused of taking money from some leading citizens and seemed to be involved in some shady deals. He just wasn’t behaving as a governor should. Some people in New York wanted to fight against Cosby and what he was doing.

John Peter Zenger had come to the colonies from Germany when he was 13 years old. In

1734, Peter Zenger was furious over the way that Cosby was running the colonies. Zenger was the printer and publisher of the New York Weekly Journal. Zenger did not like Cosby and wasn’t afraid to print the truth. Zenger printed articles in the newspaper attacking the governor and the things he was doing. The paper charged that the governor was denying people’s rights and that the people would lose their liberties under Governor Cosby.

Governor William Cosby of New York was angry — very angry. How dare this newspaper

make fun of him? How dare it say he had cheated people to get rich? Nobody could say that he had removed judges from office for no good reason and replaced them with his friends. He wouldn’t stand for it. No sir, he would stop it right away. He would order copies of that newspaper be burned in the streets and the publisher thrown into jail.

Zenger was kept in jail for nearly nine months until his trial the following August. The

charges against him were that he had printed lies about Governor Cosby and damaging articles about other government officials. Criticizing the government was against the law, even if what was printed was true. The judge in this case was a friend of Cosby’s. It was almost certain that Zenger would be found guilty.

Zenger’s friends found a lawyer in Philadelphia to represent him. He did not deny that Zenger had printed the articles against Cosby. But, he said, the government’s

- lawyer had to prove that the articles were not true. If the articles were true, Hamilton said, then Zenger wasn’t guilty of anything. Hamilton told the jury it wasn’t just Zenger, a poor printer, who was on trial. He said the “cause of Liberty” was on trial.

Annotations

apprehend – arrest for a crime.

seditions – causing people to rebel against authority.

libels – false statements.

factions – small organized group of dissenters.

tumults – confusion or disorder.

contempt – feeling that someone or something is worthless.

Present: His Excellency William Cosby, Captain General and Governor in

Chief, Mr. Clarke, Mr. Harison, Mr. Livingston, Mr. Kennedy, the Chief Justice

[De Lancey], Mr. Cortland, Mr. Lane, Mr. Horsmanden.

It is ordered that the sheriff for the City of New York do forthwith take and apprehend John Peter Zenger for printing and publishing several seditious libels dispersed throughout his journals or newspapers, entitled The New York Weekly Journal; as having in them many things tending to raise factions and tumults among the people of his Province, inflaming their minds with contempt of His Majesty’s government, and greatly disturbing the peace thereof. And upon his taking the said John Peter Zenger, to commit him to the prison or common jail of the said city and county.

It is natural, it is a privilege, I will go farther, it is a right, which all free men claim, that they are entitled to complain when they are hurt. They have a right publicly to remonstrate against the abuses of power in the strongest terms… they have of the blessings of liberty…to preserve it as one of the greatest blessings heaven can bestow. . . . The loss of liberty, to a generous mind, is worse than death. …

Power may justly be compared to a great river. While kept within its due bounds it is both beautiful and useful. But when it overflows its banks, it is then too impetuous to be stemmed; it bears down all before it, and brings destruction and desolation wherever it comes.

If, then, this is the nature of power, let us at least do our duty, and like wise men who value freedom use our utmost care to support liberty, the only bulwark against lawless power, which in all ages has sacrificed to its wild lust and boundless ambition the blood of the best men that ever lived. . . .

Annotations

remonstrate – to make a forceful protest.

impetuous – moving forceful or rapidly, sometimes violent.

stemmed – stopped or slowed down.

desolation – a state of complete destruction.

bulwark – defensive wall.

Contempt – feeling that someone or something is worthless.

The Prosecution:

Write out your opening statement to the jury with your group for convicting Peter Zenger of his crimes. Be sure to cite evidence from the readings to support your argument.

Answers Will Vary

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The Defense:

Write out your opening statement to the jury with your group defending Peter Zenger. Be sure to cite evidence from the readings to support your argument.

Answers Will Vary

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