Walker Lake bulletin. (Hawthorne, Nev.) 1883-1926, 1889-12-11

ho OH CRP @htl NnIcn
Pointed to American Independence.
Gouverneur Morris dated American
liberty, not from the Stamp act of
1865. but from the prosecution of
Peter Zenger, in 1874, on the charge
of hbeling the Governor of New York
and his official friends. William Cos
by WAS the Governor. He was an IT.
ritable man, who, having been sent to
the colony to mend his broken fort
une, did much to hasten colonial
emancipation. Inscriptions and ay-
aricious, he insisted on new surveys
of land and new grants, in order that
he might clutch at great perquisites.
''Do you think | mind that?n he an
swered those who objected that the
Governor was acting against law 81
have great interest in England"
The New York Weekly Journal was.
established to defend the cause of the
people against the arbitrary Gov
error, who was trying to play the
part of petty tyrant. It's squibs and
satires upon Cosby and his council
provoked the authorities to order cer-
tain copies of the Journal to be public
ly.burned by the hangman, and its
publisher, John Peter Zenger, To be
thrown into prison.
ZengerAwas charged with publishing
false and seditious libels against the
Government. AS tho grand jury re-
fused to find a bill against him the At
torney-General fled an information.
The case excited intense interest, for
it involved liberty of speech and of the
press, and all the central colonies re-
garded the cont oversy as their own.
James Alexander, Zenger's counsel
and the leading lawyer of the colony,
took exceptions to the validity Of the
commission OF the Chief Justice, De
Lancey. and TO the legality Of proceed
ing by information instead of by in
dictment. De Lancey refused to re-
ceive the exceptions.
you thought" said be to Alexan-
der, ito have gained u great dead OF
applause BY opposing this court; but
you nave brought it to this point, that
either we must go from the bench or
you must go from the bar"
He then issued an order excluding
Alexander from any further pratice in
that court.
The ''Sous of Liberty then brought
the foremost lawyer of the country,
Andrew Hamilton, from Philadelphia
to plead Zenger's cause. When the
distinguished advocate entered tho
courtroom those who were present
rose to their feet, waved their hats aad
shouted loud huzzas. Chief-Justice De
Lancey frowned angrily and demanded
silence.
The prisoner pleaded mot guilty, /"
admitted the publication of the alleged
libel and justified it by asserting its
truth.
Those were the days when the legal
doctrine was that 1.-The greater the
truth, the greater the LIBEL When
Hamilton offered to prove that the al
legged libel was Justified, the Chief
Justice interrupted him, saying: "You
can not be admitted to give the truth
of q libel in evidence"
Then" said Hamilton, turning to
the jury, 'we appeal to you for wit
nesses of the facts. The jury have a
right TO determine both tho law and
the fact, and they ought to do SO. The
question before you IS not the cause Of
q poor printer OF Ne,y York alone; it is
the Cause of liberty-the liberty of
opposing arbitrary power by speaking
and writing truth. +"
Tise Chief Justice charged against
the prisoner and the doctrines of his
counsel The jury retired, and in
few minutes returned a verdict OF
''not guilty
The audience, shouting approval,
bore Hamilton out OF the courtroom
upon their shoulders. The Common
Council of New York gave hin the
freedom of the city in gold box for
his gratuitous services In "dasense OF
the rights OF mankind, aad the liberty
of the press"
That verdict was a prophesy to
those who could read it of colonial
Independence. II was the handwrit-
ing on the wall, but there was no Dan
iol, in whom England had confidence,
to Interpret it. Youth S Companion.
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