The record-union., 1893-05-27


July, I7l2, that Grub street is dead and
gone last week? No more ghosts or
murders now for love or money. | piled
1t pretty close the last fortnight and pub
hshed at least seven penny papers of my
own, besides some of other people; but
now every single half sheet pays half
penny to the Queen. The Observer is
fallen, the Medieys are jumbled together
with the Flying Post, the Examiner is
deadly sick, the Spectator keeps up and
doubles its price; L know not how long it
will hold"
The first daily paper, the Daily Cour-
d'1t, mad made its appearance in 1909, and
such was the general thirst for news that
II was able to continue its issue spite the
tax. This legal CONFERENCE.-The tax
upon knowledge proved a favorte
weapon IN the hands OF English authori-
". AT each reactionary period the min
lstry increased the burden until not only
was the print paper heavily taxed as raw
material, and the printed sheet sixpence,
but every advertisement paid the Gov
ernment shilling.
The people of America were not eX-
empted from all of the evils that afflicted
the people of the mother country. With
wicked and corrupt Governors came the
articles usually employed by oppressOrs
just Judges displaced and new courts
erected without the consent of the Colonial
Legislatures, which were expected TO
cloak the crimes contemplated. A nota-
pie conflict in the Province of New York,
in 1913 and 1874, between Governor Cosby
and the people offered an opportunity for
testing the value of the press as an inStru-
mentality of freedom. The only paper in
the Province, the Gazette, having been
sllenced by Government patronage, John
Peter Zenger, in 1913, undertook to pub
lish another, which he named the New
-y9F III 50
opinion found expression. After reciting
the official acts of the Governor, the
question was asked, Who then III the
Province can call anything his own, or
enjoy any liberty longer than those i'll the
administration will condescend to let
them do it?
In due time notice was taken of these
comments, and the Chief Justice, who
held his commission at the pleasure of the
Governor, brought them to the attention
OF the Grand Jury. No Indictment hav-
ing been found by.that body, the council,
in the lace Of a hostile House of Repre-
sentatives and Aldermanic court, direct
ed the arrest, Imprisonment and prosecu-
ton OF Zenger. Failing to secure an in
dIctment, the Attorney General intro
duced the practice of the infamous Star
Chamber, and proceeded against the
offending printer by Information, in
which he charged the Objectionable ar
ucle to be false, scandalous, malici-
GUS and seditious. An attempt
made to pack the jury was
defeated by the frmness of
Zenger's friends, and a struck jury was
secured. Exception having been taken
to the legality of the commissions OF the
Judges, by James Alexander and Will
lam Smith, the eminent counsel of the
defendant. they were promptly disbarred.
Ihereupon Andrew Hamilton, venera-
ble Quaker of Philadelphia, volunteered
to defend the printer. When refused by
the Chief Justice permission to prove the
truth OF the publications in justification,
ne appealed to the jury as witnesses of
their truth, and with great force and dig
nifty told them they were the judges of
both the law and the fact, and that as the
verdict would be theirs they ought to re-
Ter no part of their duty to the discretion
OF the court. They followed his advice
and brought in verdict of not guilty.
Mr.. HamiltOn's mastery argument
created great popular enthusiasm, ana he
was voted the freedom of the city. There
is one passage which it is profitable for
US to remember, as showing in few words
what free press stands for. He said:
There is Heresy in Law as well as in Religion,
and both have changed very much; and we
well know, that 1t is not two Centuries age
since Man would have been burnt as Here
tick for owning such Opinions in Matters of
Religion as are publickly wrote and printed
at this Day. They were fallibie Men IL seems
from them in religious Opinions but to con-
demn them and their Opinions too; and I
must presume, that in taking these Free
dOmS in thinking and speaking about Matters
OF Faith OF Religion, we are III The right: For,
tho it is said there are great Liberties of this
Kind taken in Neto York, Yet have heard OF
no Information preferred by Mr.. ATTORNEY
for any onenses OF this sort. From which I
think it is pretty clear, That in Near York q
Man may make very free with his God, but
he must take special Care what he says OF his
Governor. 1t is agreed upon by all Men that
this is n Reign of Liberty and While Men
keep within the Bounds of Truth, | none
they may Win safety potn speak and write
their Sentiments OF the Conduct of Men in
Power. | mean of that Part Of their Conduct
only, which affects the Liberty or Propcrty of
the People under their Administration: were
this TO be denied, then the next steD may
make them Slaves. For, what Notions can
be entertained OF Slavery, beyond that of
suffering the greatest Injuries and Oppres-
siOns, without the Liberty of complaining;
or if they do, to be destroyed, Body and
Estate, for SO doing?
In this triumph of the printer of the
Journal we trace the promise of that
more perfect freedom since realized in
the American Republic.
In the early part of the reign of George
III. public opinion, both in England and
America, found free expression. but
nevertheless the hand of power grappled
with the press, to lessen its influence AS
Americans, this period has the deepest
interest tor US, as out of the fierce contest
in which antagonistic forces soon en-
gagged, we EN- 3rged free people. CHARGED
with the responsibility of setting such an
example as would work the overthrow of
all forms of despotism, and effect the de-
velopment of higher civilization.
Henceforth the history of the press of
England and the United States runs on
parallel lines, showing a common des-
tiny. The difference in experience, in
olfense and triumph, in honorable
achievement and abasement, is one of de-
gree only, due to the difference in enyi-
ronment. II England had her Wilkes,
America had later her Bache and Callen-
dar. If calumny wounded the worthy
for party ends, the agitation resulting
from a general discussion exposed the
weak places in government and baked
for a brief space despotic power.
To Lord Mansfield's dictum that it was
the province of the court alone to Judge
of the criminality of libel an enlight-
ened jury responded by bringing in
verdict of mot guilty" But the
time was Fastening when men were
justified in speaking in terms of praise
even of the brutal past. The hor-
rOrs of the French Revolution speedily
established tyranny that held society
and the press in thral for more than
generation. The madness that seized
upon Burke possessed also for time
but for brief time only-the masses OF
the people. The widest apprehension
prevailed. Repression became the rule.
and as it expressed popular feeling, gov