3. The Text

This edition of the trial is, like all others, based on _A Brief

Narrative of the Case and Tryal of John Peter Zenger, Printer of the New

York Weekly Journal_, which was edited by James Alexander and printed by

the Zenger press in 1736.

Alexander’s is the only authentic version, for he was the sole person

close to the affair who undertook to prepare a written text. He was in

this, as in so many other ways, the formal apologist for his side. A

rival edition would have been logical, and could easily have been

produced by the men of the prosecution, but they never saw fit to

attempt their own vindication.

Indeed, Attorney General Bradley declined even to participate in

publication, withholding his notes and his brief when the Zenger camp

asked to see them, refusing any kind of advice, comment, correction, or

even objection; obviously because, staggered and humiliated by the

acquittal, he was in no mood to help embalm his courtroom defeat in

print. It is a pity that he allowed his case to go by default. He could

not, of course, have changed the pleading as we find it set down, except

possibly for minor points of emphasis or phraseology, but he might have

made a more respectable showing than he does in the bare synopses to

which the _Brief Narrative_ is reduced from time to time. True, he might

have appeared in an even worse light; perhaps he was afraid that that

was exactly what his opponents had in mind. Nevertheless, at the very

least he would have allowed the public and posterity to view what

happened from his angle of vision. He deliberately chose not to do so.

The defense had no inhibitions about publishing a full account of the

trial. The cheering and shouting had scarcely died away before Alexander

was at work copying out the arguments, arranging notes, gathering

information from those who could fill in the gaps for him.

He was the obvious man for the job. Writer, journalist, and editor, he

had been schooled in the task of integrating written material and in

working up connecting links and explanatory passages as they were

needed. Again, not only did he stand near the head of the legal

profession, so that he was fully equipped to juggle the problem of

libel, the textbook citations, and the technicalities and philosophy of

the law (essentials in dealing with any such trial), but he had an

unparalleled position at the center of the Zenger turmoil.

No one in New York knew more than James Alexander about how and why

Peter Zenger came to be tried before the Supreme Court of the Colony.

How could it have been otherwise when the _New York Weekly Journal_ was

under fire, and Alexander was the _Journal_’s editor? He himself had

approved, and perhaps written, the “libelous” issues on which the

prosecution was based. He himself would have been in the dock as

defendant instead of the printer if only the attorney general had been

able to get him indicted.

Alexander had been a leader of the Popular party from the beginning of

its struggle with Governor Cosby. He had conspired against the Governor,

fought him in the Courts and through the press, and used every weapon to

hand in an all-out effort to ruin him politically. There was hardly a

dissident movement in New York with which Alexander was not allied as

adviser or mentor. It was only natural that he should have been one of

Zenger’s lawyers, for he understood as few others could just what the

administration attack amounted to, and how a counterattack should be

developed. It is not difficult to imagine the intelligence and the

alertness with which he noted every word that was spoken at the trial.

He must have been the perfect spectator if ever there was one.

And all this does not exhaust the depths of his familiarity with the

incident. Until his disbarment he had been one of the counsel for the

defense, which made it his duty to draw up a brief in preparation for

his plea. He fulfilled his duty so well that when he was summarily

removed by order of Chief Justice Delancey he was able to hand over to

Andrew Hamilton a whole plan of campaign, and Hamilton (brought in

unprepared and at the last moment) relied on it substantially throughout

the proceedings.

It takes nothing from Hamilton, whose performance remains one of the

classical things in the history of American law, that Alexander gave him

the lead which he followed with such stunning success—that is, the

decision to base Zenger’s defense on the truth of the _Journal_

articles, and on that basis to ask the jury to bring in a verdict of

“Not guilty.” Alexander already held that guiding thread in his hand

months before Hamilton appeared on the scene. (Not that he invented the

idea, but he saw that it was the gambit to play.)

Hamilton’s own record of the trial went into the _Brief Narrative_, as

is indicated by this passage from one of the letters that the

Philadelphia barrister wrote to his friend and colleague in New York:

I have at last sent you my draft of Mr. Zenger’s trial.... I have had

no time to read it over but once since it was finished. I wrote it by

half-sheets and copied it as fast as I wrote. The meaning of all this

is to beg you to alter and correct it agreeable to your own mind.[36]

Thus Alexander even edited the text submitted by the defense attorney,

and the latter’s acceptance of the result shows how faithfully it

reflected the spoken word. Alexander clearly has given us the events of

August 4, 1735, almost to the life.

His account had an enormous success in his own time. Lawyers,

journalists, and political philosophers felt the impact of the acquittal

as something new, either hopeful or foreboding, and there sprang up a

market for the text in both America and England. Other editions began to

appear to meet the demand, several of them published in London as early

as 1738. The eighteenth century, when the problems involved were still

fighting issues, was the golden age of Zenger republication. One of

these versions, that issued by J. Almon of London in 1765, is generally

available today in the form of a reprint prepared by the Work Projects

Administration and sponsored by the California State Library for its

series of “Occasional Papers” (1940).

The nineteenth century saw two particularly useful editions in T. B.

Howell’s _State Trials_ (1816) and in Peleg W. Chandler’s _American

Criminal Trials_ (1841), the first following Alexander almost word for

word, the second modified and abridged. With the turn of the century

Livingston Rutherfurd made available a literal reprint of the _Brief

Narrative_ in his _John Peter Zenger, His Press, His Trial and a

Bibliography of Zenger Imprints_ (1904). Fifty years later Frank Luther

Mott did the same for our generation in _Oldtime Comments on Journalism_

(1954).

The first edition of any text (putting aside the corrupt or otherwise

unreliable) always has a presumption in its favor. This is how the

author saw his own work; this is the form in which he cast his own

thoughts; this is the union of his own logic with his own rhetoric.

Nothing else can begin to approach the authority and authenticity of his

imprimatur. Consequently it is mandatory for later editors to justify

tampering with the text instead of simply reproducing it.

The justification for the version here presented of James Alexander’s _A

Brief Narrative of the Case and Tryal of John Peter Zenger, Printer of

the New York Weekly Journal_ is that his text of 1736, however fine an

achievement for his own time, is not quite so satisfactory after the

lapse of two hundred years. Literary conventions have changed too much

for so characteristic a piece of eighteenth-century writing to be

allowed to remain as it is when modern standards of readability are in

question. Moreover, in places it shows signs of haste, or possibly even

of another writer at work. An instance is the opening passage, which

falls far below Alexander’s best style, and may be by someone else,

perhaps Zenger himself. Lastly, there is too much technical law for the

lay reader. On all these counts the _Brief Narrative_ needs overhauling

for our purposes.

This does not imply any distortion: the bulk of Alexander’s text is here

just as it came from Zenger’s press. Most of the pamphlet is still

perfectly clear, and it would be pointless to change anything simply for

the sake of change. More than that, it is preferable to keep to the

original wherever possible in order to catch something of the

eighteenth-century atmosphere.

Clarity is the touchstone. Nothing has been allowed to stand that might

trouble readers who are not familiar with obsolete usages. The simplest

revision is in the spelling, where I use “trial” instead of “tryal,”

“jail” instead of “gaol,” “public” instead of “publick,” etc. More

important is the change in punctuation. Like most publications of its

time, the _Brief Narrative_ shows a plethora of commas, colons, and

semicolons, a type of punctuation that tends to produce long,

complicated, tedious sentences. There are too many capitals and italics,

which today not only irritate the eye but also lose their force by doing

too much duty. In certain places the grammar calls for the addition or

omission of words.

A comparison of the following passages, the first two from the original,

the second pair from my edition of the text, will show exactly what

changes these considerations have led to:

As There was but one Printer in the Province of _New-York_, that

printed a publick News Paper, I was in Hopes, if I undertook to

publish another, I might make it worth my while; and I soon found my

Hopes were not groundless: My first Paper was printed, _Nov. 5th_,

1733. and I continued printing and publishing of them, I thought to

the Satisfaction of every Body, till the _January_ following: when the

Chief Justice was pleased to animadvert upon the Doctrine of Libels,

in a long Charge given in that Term to the Grand Jury, and afterwards

on the third _Tuesday_ of _October_, 1734. was again pleased to charge

the Grand Jury in the following Words. “_Gentlemen_; I shall

conclude....”

Be it remembered, that _Richard Bradly_, Esq: Attorney General of Our

Sovereign Lord the King, for the Province of _New-York_, who for Our

said Lord the King in this Part prosecutes, in his own proper Person

comes here into the Court of our said Lord the King, and for our said

Lord the King gives the Court here to understand and be informed, That

_John Peter Zenger_, late of the City of _New-York_, Printer, (being a

seditious Person; and a frequent Printer and Publisher of false News

and seditious Libels, and wickedly and maliciously devising the

Government of Our said Lord the King of this His Majesty’s Province of

_New-York_, under the Administration of His Excellency _William

Cosby_, Esq; Captain General and Governour, in Chief of the said

Province, to traduce, scandalize and vilify, and His Excellency the

said Governour, and the Ministers and Officers of Our said Lord, the

King of and for the said Province to bring into Suspicion and the ill

Opinion of the Subjects of Our said Lord the King residing within the

Province) the Twenty eighth Day of _January_, in the seventh Year of

the Reign of Our Sovereign Lord _George_ the second, by the Grace of

God of _Great-Britain_, _France_ and _Ireland_, King Defender of the

Faith, &c. at the City of _New-York, did falsly, seditiously and

scandalously_ print and publish, and cause to be printed and

published, a certain _false, malicious, seditious scandalous_ Libel,

entitled _The New-York Weekly Journal, containing the freshest

Advices, foreign and domestick_;

In the present edition, these passages read as follows:

As there was but one printer in the Province of New York who printed a

public newspaper, I was in hopes that if I undertook to publish

another I might make it worth my while. I soon found my hopes were not

groundless. My first paper was printed on November 5, 1733; and I

continued printing and publishing them, I thought to the satisfaction

of everybody, till the January following, when the Chief Justice was

pleased to animadvert upon the doctrine of libels in a long “charge”

given in that term to the grand jury. Afterwards, on the third Tuesday

of October, 1734, he was again pleased to charge the grand jury in the

following words: “Gentlemen, I shall conclude....”

Be it remembered that Richard Bradley, Attorney General of the king

for the Province of New York, who prosecutes for the king in this

part, in his own proper person comes here into the Court of the king,

and for the king gives the Court here to understand and be informed:

That John Peter Zenger, of the City of New York, printer (being a

seditious person; and a frequent printer and publisher of false news

and seditious libels, both wickedly and maliciously devising the

administration of His Excellency William Cosby, Captain General and

Governor in Chief, to traduce, scandalize and vilify both His

Excellency the Governor and the ministers and officers of the king,

and to bring them into suspicion and the ill opinion of the subjects

of the king residing within the Province), on the twenty-eighth day of

January, in the seventh year of the reign of George the Second, at the

City of New York did falsely, seditiously and scandalously print and

publish, and cause to be printed and published, a certain false,

malicious, seditious, scandalous libel entitled _The New York Weekly

Journal_.

The major departure from Alexander’s text remains to be mentioned, since

it is not involved in these passages—namely, the excision of some parts

and the summarizing of others. Summaries are used when a faster pace

seems advisable, for example at the start, when the preliminary

maneuverings of the Governor are described. The excisions concern mainly

the technicalities of the law. The long quotations from dusty legal

tomes, the appeal to long-past precedents, can be of little interest to

any except those trained in the law, and so only those passages have

been retained that are necessary to the intelligibility of the

arguments. But that in itself means a solid core, enough to show the

dialectic of the lawyers moved, how the prosecution set up positions,

and how the defense knocked them over.

Four fifths of the _Brief Narrative_ are here—including all the

passages-at-arms between Andrew Hamilton on the one side, and Bradley

and Delancey on the other, and all of the defense attorney’s splendid

peroration on liberty that clinched the acquittal for Peter Zenger.

NOTE: Editorial summaries are enclosed within brackets. Other changes

are not indicated, and anyone interested in them should consult the

original. In particular, blank lines do not necessarily stand for the

deletion of material: they are there mainly for convenience in

following the case step by step.

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