IX. Zenger Goes to Jail

The Governor paused long enough to see what could be done through the

usual legal channels, with Chief Justice Delancey given the job of

extracting a grand jury indictment for libel. That this attempt failed

twice is indicative of the administration’s unpopularity. The jurors

manifestly had determined from the start that they would do nothing, and

though they were in no more doubt than Delancey about the identity of

the principal men who wrote for the _Journal_, they used the “anonymity”

of the affair as an excuse to avoid indicting anybody.

With the second grand jury failure, Cosby’s attention began to focus

more intently on the newspaper and its printer. His next move was to

order copies of the obnoxious periodical to be burned, which was done

even though the Assembly and the magistrates refused to participate.

Naturally the man in charge was the man maintained expressly for such

purposes. Harison was all the more eager to perform the duty in that,

besides the eternal ridicule the _Journal_ heaped on him, in one issue

it had run a letter from the freeholders of Orange County thanking their

assemblyman, Vincent Matthews, for making a vitriolic attack on him from

the floor of the legislature. A copy from that issue was one of four

earmarked for the flames.

The hatchetman’s first instinct was to adopt strong-arm methods. He

therefore went around to Peter Zenger’s establishment, disburdened

himself of some violent opinions (“more fit to be uttered by a drayman

than a gentleman,” says Peter), and threatened to cane him on the

street. That was why the printer took to wearing a sword whenever he

went out—the sword that gave an excuse for much heavy sarcasm in the

columns of the _Gazette_.

Harison did not overlook more indirect and devious methods of dealing

with his critics. He sent a couple of his creatures, John Alsop and

Edward Blagg, to Orange County to spread the story that the _Journal_

with the freeholders’ letter commending Matthews had been burned by the

common hangman, and that the signers were to be rounded up and thrown

into jail—a rumor that caused some trepidation among the solid citizens

of the county.

Unfortunately Harison, misjudging the situation in his usual fashion,

had jumped the gun a little too smartly. He counted on the hangman to do

the job because he himself, as recorder of New York City, was supposed

to persuade the magistrates to throw their authority behind the

ceremonial burning. But when he met with them, he found himself in an

atmosphere of chilly distrust, for they knew that Cosby was trying to

kill legitimate opposition. Harison started to argue that there were

sound British precedents for dealing thus with the _Journal_; was

quickly shown up as grossly ignorant on that score (he put up the

defense that he did not carry his lawbooks around with him); was roundly

snubbed; and departed in a spasm of fury. The magistrates then forbade

anyone within their authority, including the hangman, to have anything

to do with the affair.

The _Journal_ was burned on schedule, with Harison presiding, but he had

to bring in a slave to set the fire, and they were virtually alone in

front of the City Hall as the flames rose. It was the most dismal fiasco

of a career studded with fiascoes.

We can judge how heated the situation had become by reverting once more

to that most percipient of contemporary witnesses, Cadwallader Colden:

One might think, after such aversion to this prosecution appeared from

all sorts of people, that it would have been thought prudent to have

desisted from farther proceedings. But the violent resentment of many

in the administration who had been exposed in Zenger’s papers,

together with the advantage they thought of gaining by his papers

being found libels by a Jury, blinded their eyes so that they did not

see what any man of common understanding would here have seen, and did

see.[24]

Governor Cosby was indeed blind. He was blinded by a baffled fury that

had grown increasingly unreasoning as his hopes crumbled into

nothingness. Instead of bowing to his will, his enemies were causing him

grave embarrassment with his superiors, compelling him to a perpetual

defense of his right to remain in his office. And locally they had made

him a laughingstock. With cool impudence Morris and Alexander (these two

above any) tormented him from behind the safeguard of an “anonymity”

that fooled nobody, and was intended to fool nobody—least of all the

victim of their attacks, for the dagger was honed to a fine edge

precisely by Cosby’s awareness of who held it. The commanders of the

Popular party were all very much at large, hurling their invectives at

him and satirizing his attempts to retaliate.

The hunters had fenced in the tiger, and were baiting him from a safe

distance, prodding him into a frenzy—until with a single bound he leaped

on the one man who stood within reach.

Printer Peter Zenger had not even a specious “anonymity” between him and

the Governor. The _Journal_ was “his” newspaper. Accordingly a warrant

for his arrest went out from the Governor and the Council, and the

sheriff arrested Zenger on November 17, 1734, and held him for trial on

a charge of “seditious libel.” Harison, needless to say, was one of the

councillors who signed the warrant; in fact, he is the only person

mentioned by name as having done so in the well-known “apology” that

Zenger printed in his newspaper on November 25:

As you last week were disappointed of my _Journal_, I think it

incumbent on me to publish my apology, which is this. On the Lord’s

Day, the seventeenth, I was arrested, taken and imprisoned in the

common jail of this City by virtue of a warrant from the Governor, the

honorable Francis Harison, and others in the Council (of which, God

willing, you will have a copy); whereupon I was put under such

restraint that I had not the liberty of pen, ink or paper, or to see

or speak with people, until upon my complaint to the honorable Chief

Justice at my appearing before him upon my habeas corpus on the

Wednesday following. He discountenanced that proceeding, and therefore

I have had since that time the liberty of speaking thro’ the hole of

the door to my wife and servants. By which I doubt not you will think

me sufficiently excused for not sending my last week’s _Journal_, and

hope for the future, by the liberty of speaking to my servants thro’

the hole of the door of the prison, to entertain you with my weekly

_Journal_ as formerly.

During all the printer’s imprisonment the _Journal_ failed of but that

one issue. The credit for its punctual appearance every Monday

thereafter belongs to his wife, Anna Catherine Zenger, who stepped into

his shoes back at the shop. Anna Catherine has a real claim to fame for

standing by her husband, a loyalty by no means insignificant in a woman

with a family. She may have been emboldened by her ability to keep the

press going in his absence, but even so it would have been a crushing

blow if he had been given a harsh sentence as, for all she knew, might

have been the outcome. The little evidence there is indicates that she

never pressed him to give in and name the men who actually were

responsible for the _Journal_. She must have known that the New York

administration would gladly trade the printer for the editor, a

comparatively minor figure for the archenemy—that is, Peter Zenger for

James Alexander—but there is no record of her ever complaining that the

Zenger family was suffering for someone else.

The Court party’s editor used the occasion for a show of mock sympathy

with the Popular party’s printer. The _Gazette_ for December 9, 1734,

has a reference to

the pretended patriots of our days, the correspondents of John Peter

Zenger, who are every hour undermining the credit and authority of the

government by all the wicked methods and low artifices that can be

devised, and which they flatter themselves are consistent with their

own safety. I am sorry they are so tenacious of their own as to

neglect that of their poor printer.

Harison had a fine time thinking up jibes like this. It would have been

poetic justice if he had been around to suffer—with Governor Cosby and

the rest of the Court party—through the acquittal Peter Zenger won so

triumphantly on August 4, 1735. But by that time New York had become too

hot for this particular member of the faction, and he was on the other

side of the Atlantic.

The arrest of Peter Zenger was one of Cosby’s gross mistakes. No one in

the Colony could miss the fact that he was bent on revenge, for the

public bodies—Assembly, Common Council, grand juries—had all refused to

have anything to do with proceedings that they recognized as strictly

the Governor’s private affair. Nor could there be any doubt that his

purpose was to silence a critic who had been uttering unpalatable

truths. Popular feeling was exacerbated by the fact that Cosby’s

vindictive wrath fell, not upon the powerful men of the opposite

faction, but upon an insignificant German immigrant who plied the trade

of printer in the city.

The way the thing was done added to the animosity that Cosby provoked.

Zenger’s bail was placed at so high a figure that he could not meet it,

his lawyers were disbarred for protesting against the Governor’s

hand-picked court of Chief Justice James Delancey and Associate Justice

Frederick Philipse, the prisoner had to linger in his cell for nine

months before he was given his day in court, and Cosby tried for a

packed jury in so blatant a way that his own chief justice had to

disavow him. None of this could be kept secret; when the trial was

finally held local sentiment had turned against the Governor to the

point where he had only his closest friends with him.

The Trial of Peter Zenger · 第 14 / 44 题