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John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
. Zenger printed '' The New York Weekly Journal''. He was accused of
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
in 1734 by
William Cosby Brigadier-General William Cosby (1690 – 10 March 1736) was a British Army officer and colonial administrator who served as the governor of New York from 1732 to 1736. During his short tenure as governor, Cosby was portrayed as one of the mos ...
, the royal governor of
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
, but the jury acquitted Zenger, who became a symbol for
freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, shoul ...
. 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 A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
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 Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...
against charges of
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
.


Early life

Peter Zenger was born in 1697 in the German Palatinate. Most of the details of his early life are obscure. He was the son of Nicolaus Eberhard Zenger and his wife Johanna. His father was a school teacher in
Impflingen Impflingen () is a municipality in Südliche Weinstraße district, in Rhineland-Palatinate, western Germany. References

Municipalities in Rhineland-Palatinate Südliche Weinstraße {{SüdlicheWeinstraße-geo-stub ...
in 1701. The Zenger family had other children baptized 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 Palatines () were the citizens and Prince of the Holy Roman Empire, princes of the List of states in the Holy Roman Empire, Palatinates, Holy Roman States that served as Kaiserpfalz, capitals for the Holy Roman Emperor. After the fall of the Holy ...
, and Nicolaus Zenger was one of those who died before settlement. The governor of New York had agreed to provide apprenticeships for all the children of immigrants from the Palatinate, and John Peter was bound for eight years as an apprentice to William Bradford, the first printer in New York. By 1720, he was taking on printing work in
Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
, though he returned to New York permanently by 1722. When in 1725 William Bradford began publishing the '' New York Gazette'', the first and only newspaper in New York at the time, John Peter Zenger was directly responsible for its production and also became a partner in Bradford’s business. After a brief partnership with Bradford in 1725, Zenger set up as a commercial printer on Smith Street in New York City. In 1730, Zenger published Peter Venema’s ''Arithmetica'', considered the first arithmetic text printed in New York. By 1731, his printing house on Smith Street had released 21 titles, while his main competitor and former employer, Bradford, had printed 50. On 28 May 1719, Zenger married Mary White in the First Presbyterian Church, Philadelphia. On 24 August 1722, widower Zenger married Anna Catharina Maul in the Collegiate Church, New York. He was the father of many children by his second wife, six of whom survived.


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 Brigadier-General William Cosby (1690 – 10 March 1736) was a British Army officer and colonial administrator who served as the governor of New York from 1732 to 1736. During his short tenure as governor, Cosby was portrayed as one of the mos ...
. On his arrival in New York City, Cosby had plunged into a rancorous quarrel with the colony council over his salary, trying to recoup half of the salary of the previous acting governor
Rip Van Dam Rip Van Dam ( – 10 June 1749) was an American merchant and colonial administrator who served as the acting governor of New York from 1731 to 1732. As one of the leaders of the republican liberal (or "country") party, Van Dam led confrontations ...
. Unable to control the colony's supreme court, which had ruled against Cosby in the dispute, Cosby removed Chief Justice
Lewis Morris Lewis Morris (April 8, 1726 – January 22, 1798) was an American Founding Father, landowner, and developer from Morrisania, New York, presently part of Bronx County. He signed the U.S. Declaration of Independence as a delegate to the Conti ...
, replacing him with the royalist justice
James DeLancey James De Lancey (November 27, 1703 – July 30, 1760) was an American politician from the colonial period who served as chief justice, lieutenant governor, and acting colonial governor of the Province of New York. Early life and educatio ...
. Supported by members of the Popular Party, Zenger's '' New-York Weekly Journal'' continued to publish articles critical of the royal governor. Finally, Cosby issued a
proclamation A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
condemning the newspaper's "divers scandalous, virulent, false and seditious reflections." Zenger was charged with
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
. James Alexander was Zenger's first counsel, but the court found him in contempt and disbarred him, removing him from the case. After more than eight months in prison, Zenger went to trial, defended by the Philadelphia lawyer Andrew Hamilton and the New York lawyer William Smith, Sr. The case was now a ''
cause célèbre A ( , ; pl. ''causes célèbres'', pronounced like the singular) is an issue or incident arousing widespread controversy, outside campaigning, and heated public debate. The term is sometimes used positively for celebrated legal cases for th ...
'', with the public interest at fever-pitch. Rebuffed repeatedly by chief justice James DeLancey during the trial, Hamilton decided to plead his client's case directly to the jury. After the lawyers for both sides finished their arguments on August 5, 1735, the jury retired only to return in ten minutes with a verdict of not guilty, a famous example of
jury nullification Jury nullification, also known as jury equity or as a perverse verdict, is a decision by the jury in a trial, criminal trial resulting in a verdict of Acquittal, not guilty even though they think a defendant has broken the law. The jury's reas ...
. 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 Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, shoul ...
in America; however, succeeding royal governors clamped down on freedom of the press until the
American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...
. This case is the groundwork of freedom of the press, not its legal precedent. As late as 1804, the journalist
Harry Croswell Harry Croswell (June 16, 1778 – March 13, 1858) 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, ...
lost a series of prosecutions and appeals because truth was ''not'' a defense against libel, as decided by the
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
in ''
People v. Croswell ''The People of the State of New York v. Harry Croswell'' (3 Johns. Cas. 337 N.Y. 1804), 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 broug ...
''. 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.


"Cato" article

In the February 25, 1733 issue of '' The New York Weekly Journal'' is an opinion piece written under the
pseudonym A pseudonym (; ) or alias () is a fictitious name that a person assumes for a particular purpose, which differs from their original or true meaning ( orthonym). This also differs from a new name that entirely or legally replaces an individual's o ...
"Cato." This was a pen-name used by British writers John Trenchard and Thomas Gordon, whose essays were published as ''
Cato's Letters ''Cato's Letters'' were essays by British writers John Trenchard (writer), John Trenchard and Thomas Gordon (writer), Thomas Gordon, first published from 1720 to 1723 under the pseudonym of Cato the Younger, Cato (95–46 Before Christ, BC), the ...
'' (1723). Jeffery A. Smith writes that "Cato" was "The leading luminary of the 18th century libertarian press theory...Editions of ''Cato's Letters'' were published and republished for decades in Britain and were immensely popular in America." This article gave its readers a preview of the same argument attorneys Hamilton and Smith presented 18 months later in the government's libel case against Zenger – that truth is an absolute defense against libel. The words are reprinted from Cato's essay "Reflections Upon Libelling":


Death

Zenger died in New York on July 28, 1746, at the age of 48 years old with his wife continuing his printing business.


Legacy and honors

During World War II, the
Liberty ship Liberty ships were a ship class, class of cargo ship built in the United States during World War II under the Emergency Shipbuilding Program. Although British in concept, the design was adopted by the United States for its simple, low-cost cons ...
was named in his honor. '' Zenger'' was a Madison, Wisconsin based
underground newspaper The terms underground press or clandestine press refer to periodicals and publications that are produced without official approval, illegally or against the wishes of a dominant (governmental, religious, or institutional) group. In specific rece ...
that operated during the late 20th century. Zenger News is a
wire service A news agency is an organization that gathers news reports and sells them to subscribing news organizations, such as newspapers, magazines and All-news radio, radio and News broadcasting, television Broadcasting, broadcasters. A news agency ma ...
owned and operated by journalists. A ten foot high limestone statue of John Peter Zenger is mounted on the brick wall of P.S. 18 in the Bronx in New York City. The sculpture was created by sculptor
Joseph Kiselewski Joseph A. Kiselewski (February 16, 1901 – February 26, 1988) was a sculptor. He was born near Browerville, Minnesota, trained in Minneapolis, New York, Paris, and Rome, and had a New York City studio from 1929 to 1980. He continued to work in h ...
.


See also

*
Early American publishers and printers Early American publishers and printers played a central role in the social, religious, political and commercial development of the Thirteen Colonies in British America prior to and during the American Revolution and the ensuing American Revol ...
* ''
Areopagitica ''Areopagitica; A speech of Mr. John Milton for the Liberty of Unlicenc'd Printing, to the Parlament of England'' is a 1644 prose polemic by the English poet, scholar, and polemical author John Milton opposing licensing. ''Areopagitica'' is ...
'' *
Federal Hall Federal Hall was the first capitol building of the United States under the Constitution. Serving as the meeting place of the First United States Congress and the site of George Washington's first presidential inauguration, the building existe ...
*
Freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, shoul ...
*
Freedom of speech in the United States In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also calle ...
* ''
People v. Croswell ''The People of the State of New York v. Harry Croswell'' (3 Johns. Cas. 337 N.Y. 1804), 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 broug ...
'' *
Saint Paul's Church National Historic Site Saint Paul's Church National Historic Site is a church and National Historic Site in Mount Vernon, New York, just north of the New York City borough of the Bronx. Established in 1765, Saint Paul's Church is one of New York's oldest parishes and ...
* '' The New York Weekly Journal''


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
* * * Levy, Leonard Williams, ed. ''Freedom of the press from Zenger to Jefferson: early American libertarian theories'' (Irvington Publishers, 1966) * *


Further reading

*


Primary sources

*
John Peter Zenger; his press, his trial, and a bibliography of Zenger imprints ... also a reprint of the first edition of the trial
' by Livingston Rutherfurd, New York : Dodd, Mead & company, 1904 *
The tryal of John Peter Zenger, of New-York, printer, who was lately try'd and acquitted for printing and publishing a libel against the government: with the pleadings and arguments on both sides
' London : Printed for J. Wilford 1738


References


External links



First report of the trial
''The Crown v. Zenger''
* Early American Bookmarks"* * * (1957 book, edited by Vincent Buranelli) {{DEFAULTSORT:Zenger, John Peter 1697 births 1746 deaths 18th-century American newspaper publishers (people) 18th-century American journalists American male journalists Printers from the Thirteen Colonies German emigrants to the Thirteen Colonies German Palatines People from Südliche Weinstraße People from colonial New York Journalists from New York City