The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1902-08-08
How Liberty Of the
Press Mas Established.
1writ,en Tor the Nashville Banner.l
Nv WILL t. HALE.

that mans life is only little longer
than the flowers, is also applicable 10
his fame. There are so many worthy
achievements 10 be remembered that
a vast number necessarily pass into
Oblivion.
Rut in seems to me that at this time
near the one hundred and sixty-hrst
anniversary of his death-one person
deserving TO be recalled by grateiui
people has fallen into too much neg
iect-Andrew Hamilton. he was Dorm
in Scotland, put came TO America
while Young. residing few years III
Virginia, and then taking up ms per
manent residence in Phlladelpnla'
Adopting the profession OF law the
browning glory of his career was the
establishment of the liberty OF tine
Dress In 1913, when he successfully
defended John Peter Zenger, charged
with libel-a defense entered into Tor
the sake of justice and without Zee OF
reward.
The Zenger trial was one OF the
most sensational trials of the eighteenth
century, not excepting those arising
out of the first attempts to carry out
the alien and sedition laws. Inc de-
PENDANT was a printer who came from
Germany to New York when there was
only one paper published in the me-
tropolis, Bradford s Gazette. For some
wears he was an apprentice IN BRAD
ford office, but in 1733 he began tne
publication of a rival paper under the
title of the Weekly Journal, and soon
found himself figuratively In mot
water
ON the death of John Montgomerie.
Governor OF New York, Rip Van DAM
a merchant and senior member or the
Council, became. ex-officio, cnle1
magistrate of the province. William
Crosby, a Colonel in the royal army,
was appointed Governor, but ala not
arrive for thirteen months after Mont
gomeries death. Believing that
public Office is private snap, crosby
demanded one-half of the salary which
Van Dam had received during ms
term as the ex officio Governor. Inc
merchant agreed provided CROSBY
would divide certain perquisites he
had received. This seemed fair, but
the latter refused, and long and bit
fer quarrel ensued. The Democratic
party sided with Van Dam, and the
.fournal was its organ. The Loyalist
party. with the Gazette as it's organ,
snnnorted Crosby and the admlnistra-
tion. The lines were tightly drawn,
the controversy being the first in
America in which the newspaper was
resorted to as a political engine.
The Journal was obviously more
ablv edited than It's rival, and its
lampoons and pasqninades attracted
VIE attention. Its criticisms of the
administration became so unbearable,
indeed. that on November 2, 1874, the
Council ordered certain numbers or
the paper containing alleged libels'
to burned by the hands OF the
common hangman. or whipped near
the pillory,'' while its editor was
thrown into prison.
At the April, 1875, term of the
court, Zengers two lawyers filed an
exception to the commissions or Chler
Justice James Delaney and Frederick
Phillips, his associate. The earlier
courts were exceedingly arbitrary,
though as consequence OF exceeding
his mowers. Nicholas Moore had, about
1885. furnished the first case OF I'M
Deachment, and the judges in ques-
tion were naturally irritated by having
their authority questioned. Zenger s
LAWYERS were promptly stricken from
the list of attorneys.
The public indignation now became
greatly aroused Fearing that the ad-
yocate who had subsequently been ap-
nointed by the court might be over
awed, Anderson Hamilton went to
New York to defend the freedom OF the
nress. He was the most eminent law
Yer in the colonies, and his appearance
IN espousal of Xenger on the day for
trial startled ana disturbed the bench.
He admitted the printing and publish
ing of the offensive article, but advan-
ced the novel doctrine that the truth
of the charges in the alleged libel could
be set up as defense.
" You cannot be permitted, Interrupt
ted the Chief Justice, Ito give the
truth of libel lie evidence.
.'Then said Hamilton, addressing
the Jury, 1--WE appeal to you for wit
nesses of the facts. The jury have a
right to determine both the law the
the fact, and they ought to 90 So
The question before you is not the
cause of a poor printer, nor OF New
York alone; it is the cause OF liberty.
the liberty OF opposing ar
bitrary power by speaking and wrltlng
truth -
By keen legal weapons he completely
foiled the sophistry Of the judges
while his eloquence was effective with
the Jury. The result was verdict OF
mot guilty and Zenger was re-
leased from his thirtyfive weeks I'M
prisonment and lionized.
The event has been referred TO az
the morning star of that liberty which
subsequently revolutionized America
and while the position that the Jurors
are the Judges of the law in all cases
Is not now generally endorsed in the
different states of the Union, the right
to prove the truth of the charges IN
libel cases. as laid down in Zenger
trial, il nowhere controverted. An
drew Hamilton on that occasion estab-
lished the liberty of the press.
LOOK PLEASANT, PLEASE.
Harlan of EatOn