Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1889-04-17
Prophetic Verdict.

(aouverneisr Morris dated American
liberty, not from tile Stamp Act of I765.
bnt from the prosecution Of Peter Zen-
GER in 1874, on the charge Of hbeling
the Governor 81 Now York and his off
cial friends. William Cosby was the
Governor. He was an irritable man,
who. having been sent to the Colony to
mend his broken fortune, did much to.
hasten colonial emancipation. Unscru-
pulous and ayaricious, he insisted on
new surveys of land and new grants, In
order that he might clutch at great per-
quisites.
$40 YOU think / mind that?n he an
swered those who objected that the
Governor was acting against law. II
have great interest in England.
The New York Weekly journal was.
established to defend the cause Of the
people against the arbitrary Governor,
who was trying to play the part of
petty tyrant. Its squibs and satires
upon Crosby and his Council provoked
the authorities to certain copies of the
journal to be publicly burned by the
hangman, and It's publisher. John Peter
Zenger, to be thrown into prison.
Zenger was charged with publishing
false and seditious libels against the
Government. As the grand jury re-
fused to find q bill against him, the At
torney General filed 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 controversy 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 indict-
ment De Lancey refused to receive
the exceptions.
.You thought said he to Alexander,
"to have gained great deal Of applause
by opposing this court; but you have
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. practice in
that court.
The "Sons of Liberty" then brought
the foremost lawyer Of the country, An
drew Hamilton, from Philadelphia to
plead Zenger's cause. When the dis
tinguished advocate entered the court
room those who were present rose to
their feet, waved their hats, and shouted
loud huzzas. Chief Justice De Lancey
frowned angrily, and demanded silence.
The prisoner pleaded mot guilty"
admitted the publication Of the al
legged libel, and justified it by asserting
its truth.
Those were the days when the legal
doctrine was that "the greater the truth,
the greater the libel" When Hamilton
, offered to prove that the alleged libel
was justified, the Chief Justice inter-
rupted him, saying: You cannot be
admitted to give the truth of libel in
evidence"
Then" said Hamilton, turning to the
jury, eve appeal to you for witnesses of
the facts. The jury have the right to
determine both the law and the fact, and
and fiiey ought to do SO. The question
before you is not the cause of a poor
printer Of New York alone, it is the
cause of Iberty-the liberty of oppos-
ing arbitrary power by speaking and
writing truth
/ The Chief Justice charged against the
prisoner and the doctrines of his coun-
sci. The jury retired, and in few
minutes returned verdict Of "Not
Guilty"
!. The audience, shouting approval, bore
Hamilton out of the COURTROOM upon
their shoulders. The Common Council
of New York gave him the freedom of
the city in gold box for his gratuitous
services in defense of the rights of
mankind, and the liberty of the press.
That verdict was a prophecy to those
who could read it Of Colonial independ-
ence. It was the handwriting on the
wall, but there was no Daniel, in whom
England had confidence, to interpret it.