The New York Weekly Journal

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A page from Zenger's New-York Weekly Journal, 23 September 1734 Page-John-Peter-Zenger-New-York-Weekly.jpg
A page from Zenger's New-York Weekly Journal, 23 September 1734

The New York Weekly Journal was a weekly journal, printed by John Peter Zenger, from November 5, 1733 to March 18, 1751. It was the second journal in New York City and the only one that criticized New York Royal governor William Cosby, for which reason the journal was burned in its first year and John Zenger was put in prison. Zenger was released without charges, this being one of the earliest cases where a fight for the freedom of press led to a victory in America.

Contents

History

In 1733, the only newspaper in New York was the New-York Gazette , and its printer, William Bradford, was a supporter of then New York Governor, William Cosby. The Popular Party wanted to attack Governor Cosby, and the only other printer in New York was John Peter Zenger, who had come from Germany to America in 1697, went to New York in 1711, and worked with Bradford for eight years before he started his own print business on Smith Street.

First publication

Its first publications started on November 5, 1733. It has contributions made anonymously by James Alexander, William Smith, and Lewis Morris. The journal targeted the new royal governor of New York, William Cosby, and his conduct. The journal was freely published for two months.

Burning of New York Weekly Journal

On January 15, 1734, Cosby ordered public burning of the newspaper on Wall Street, close to City Hall, and also offered fifty pounds as reward for who revealed the names of the Journal's authors.

John Peter Zenger arrest

On November 17 John Peter Zenger was arrested under a warrant of the Council for printing seditious libels in his Journal. Zenger was placed in the City Jail then located in the attic of New York City Hall. [1]

On October 15, 1734, Chief Justice James De Lancey delivered a charge to the grand jury accusing the New York Weekly Journal of breaking the law of seditious libel in New York, but the grand jury returned with no indictments. Zenger's lawyers, Andrew Hamilton and William Smith, Sr., successfully argued that truth is a defense against charges of libel. [2] Afterwards, De Lancey tried to convince the nineteen members of the grand jury that "just by reading the articles, one could tell that they were libels", but the grand jury returned no indictment again.

Freedom of the press in United States

Zenger's victory became the seminal American case for freedom of the press. [3]

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, general distaste for Cosby was the main reason why Zenger was found not guilty, and succeeding royal governors clamped down on freedom of the press up until the American Revolution. This case is the groundwork of the aforementioned freedom, not the legal precedent. [4] However, if they succeeded in convincing the jury, they failed in establishing the legal precedent. As late as 1804, the journalist Harry Croswell was prosecuted in a series of trials that led to the famous People v. Croswell . The courts repeatedly rejected the argument that truth was a defense against libel. It was only the next year that the assembly, reacting to this verdict, passed a law that allowed truth as a defense against a charge of libel.

See also

Related Research Articles

<span class="mw-page-title-main">William Bradford (printer, born 1663)</span> Early English-born printer in North America

William Bradford was an early American colonial printer and publisher in British America. Bradford is best known for establishing the first printing press in the Middle colonies of the Thirteen Colonies, founding the first press in Pennsylvania in 1685 and the first press in New York in 1693. Bradford operated continuously printing establishments for sixty-two years, heading a family that would include printers and publishers for 140 years. He was also known for controversies regarding freedom of the press. Starting his printing career in London, Bradford emigrated to America in 1685. He established, with others, the first paper mill to appear in the Thirteen American Colonies.

Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition.

<span class="mw-page-title-main">John Peter Zenger</span> German printer and journalist (1697–1746)

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.

<span class="mw-page-title-main">James Alexander (lawyer)</span> American lawyer in colonial New York

James Alexander was a Scottish-born lawyer and politician in colonial New York. He served in the Colonial Assembly and as attorney general of the colony in 1721–23. His son William was later a major general in the Continental Army during the American revolution. Alexandria Township, New Jersey was named after James Alexander.

<span class="mw-page-title-main">Andrew Hamilton (lawyer)</span> American lawyer (1676–1741)

Andrew Hamilton was a Scottish lawyer in the Thirteen Colonies who settled in Philadelphia. He was best known for his legal victory on behalf of the printer and newspaper publisher John Peter Zenger. His involvement with the 1735 decision in New York helped to establish that truth is a defense to an accusation of libel. His eloquent defense concluded with saying that the press has "a liberty both of exposing and opposing tyrannical power by speaking and writing truth."

Sedition and seditious libel were criminal offences under English common law, and are still criminal offences in Canada. Sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order: if the statement is in writing or some other permanent form it is seditious libel. Libel denotes a printed form of communication such as writing or drawing.

<span class="mw-page-title-main">Lewis Morris (governor)</span> American politician

Lewis Morris, chief justice of New York and British governor of New Jersey, was the first lord of the manor of Morrisania in New York City.

<span class="mw-page-title-main">William Cosby</span> British colonial official

Brigadier-General William Cosby (1690–1736) was an Irish soldier who served as the British colonial governor of New York from 1732 to 1736. During his short term, Cosby was portrayed as one of the most oppressive governors in the Thirteen Colonies. In 1735, Cosby accused publisher John Peter Zenger of sedition and libel for publishing unflattering reports about Cosby. In spite of Cosby's efforts, Zenger was acquitted of all charges and the case helped to establish the concept of freedom of the press.

James De Lancey served as chief justice, lieutenant governor, and acting colonial governor of the Province of New York.

<span class="mw-page-title-main">Rip Van Dam</span>

Rip Van Dam was the acting governor of the Province of New York from 1731 to 1732. As one of the leaders of the republican liberal party, Van Dam confronted the subsequent royal governor William Cosby.

Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution.

<span class="mw-page-title-main">Saint Paul's Church National Historic Site</span> National Historic Site of the United States

Saint Paul's Church National Historic Site is a United States National Historic Site located in Mount Vernon, New York, just north of the New York City borough of The Bronx. The site was authorized in 1978 to protect Saint Paul's Church from increasing industrialization of the surrounding area. Saint Paul's Church is one of New York's oldest parishes and was used as a military hospital after the American Revolutionary War Battle of Pell's Point in 1776. The 5-acre (20,000 m2) cemetery surrounding the church is also within the historic site and contains an estimated 9,000 burials dating from 1704.

The origins of the United States' defamation laws pre-date the American Revolution; one influential case in 1734 involved John Peter Zenger and established precedent that "The Truth" is an absolute defense against charges of libel. Though the First Amendment of the U.S. Constitution was designed to protect freedom of the press, for most of the history of the United States, the U.S. Supreme Court failed to use it to rule on libel cases. This left libel laws, based upon the traditional "Common Law" of defamation inherited from the English legal system, mixed across the states. The 1964 case New York Times Co. v. Sullivan, however, radically changed the nature of libel law in the United States by establishing that public officials could win a suit for libel only when they could prove the media outlet in question knew either that the information was wholly and patently false or that it was published "with reckless disregard of whether it was false or not". Later Supreme Court cases barred strict liability for libel and forbade libel claims for statements that are so ridiculous as to be obviously facetious. Recent cases have added precedent on defamation law and the Internet.

The People of the State of New York v. Harry Croswell, commonly known and cited as People v. Croswell, is an important case in the evolution of United States defamation law. It was a criminal libel case brought against a Federalist journalist named Harry Croswell for his statements about a number of public officials, including then-President Thomas Jefferson.

<span class="mw-page-title-main">Libel trial of Joseph Howe</span>

The Libel trial of Joseph Howe was a court case heard 2 March 1835 in which newspaper editor Joseph Howe was charged with seditious libel by civic politicians in Nova Scotia. Howe's victory in court was considered monumental at the time. In the first issue of the Novascotian following the acquittal, Howe claimed that "the press of Nova-Scotia is Free." Scholars, such as John Ralston Saul, have argued that Howe's libel victory established the fundamental basis for the freedom of the press in Canada. Historian Barry Cahill writes that the trial was significant in colonial legal history because it was a long delayed replay of the Zenger case (1734).

<span class="mw-page-title-main">Harry Croswell</span> American political journalist (1778-1858)

Harry Croswell was a crusading political journalist, a publisher, author, and an Episcopal Church clergyman. Though largely self-educated, he received an honorary degree of A. M. from Yale College in 1817, an honorary Doctorate of Divinity from Trinity College, Hartford, Connecticut in 1831 – an institution he co-founded – established the first public lectures in New Haven, and founded an evening school for the education of adult African-Americans in the city. He was a key figure in first amendment battles over freedom of the press and religious freedom. After abandoning politics for religion, he became the much respected Rector of Trinity Church on the Green in New Haven, Connecticut, for forty-three years, growing his church and establishing seven new churches within the original limits of his parish. Though he published fourteen books, and wrote newspaper articles as an editor and journalist weekly for eleven years, he is best known as an author for being the first person to define the word cocktail in print.

Anna Catharina Zenger was an American publisher and the first woman to publish a newspaper in America.

SS Peter Zenger was a Liberty ship built in the United States during World War II. She was named after John Peter Zenger, a printer and journalist in New York City that printed The New York Weekly Journal. He was accused of libel in 1734, by William Cosby, the governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press.

<i>New-York Gazette</i> American newspaper

The New-York Gazette (1725–1744) was the first newspaper published by William Bradford in the Province of New York.

References

  1. "The New York Weekly Journal and the Arrest of John Peter Zenger – Federal Hall National Memorial (U.S. National Park Service)".
  2. Horton, Scott (2011-02-28) As a printer, he sometimes printed books and essays about freedom and liberty during the Revolutionary War. "The Obstinate Dr. Heicklen". Harper's Magazine.
  3. Alison Olson, "The Zenger Case Revisited: Satire, Sedition and Political Debate in Eighteenth Century America." Early American Literature (2000) 35#3 pp: 223–245. online
  4. "Peter Zenger and Freedom of the Press". Earlyamerica.com.