The Republican. [volume] (Oakland, Md.) 1877-current, 1942-12-24


1t was also reported among them
that he had voluntarily come to defy
the New York Government and de-
fend the immigrant, who spoke with
such an accent and spelled most of his
work so very badly. The visitors
greatly admired Hamilton for his
noble intentions but whispered to one
another, Hes too old" He seemed
even Trailer and more delicate than
other men they had known with four
score years.
When the Philadelphia began his
defense, Zenger's supporters were
both Mortified and thrilled. They were
Mortified because Hamilton at once
admitted that the indicted editor had
written the article in question. That
seemed a fatal step. AS matter Of
fact, it looked as though Zenger's de-
fender was locking the prison door
himself. Previously in such cases, all
the court needed for a verdict of
guilt was proof that the person ac-
cused of libel had. actually written the
! libeous writing. Here the defendants
spokesman freely admitted it. The
! famous lawyer had apparently walked
into a trap. The attorney smiled, and
| the audience grOaned.
But in their hearts, the audience
also applauded, because they were
glad to see so distinguished man as
Hamilton endorse Zengers charges
against the oppressive government.
They were pleased that he was not
evading the issue. The prosecutor de-
clared with great assurance, "the jury
must give a verdict for the king for
there is no question in law whether
or not the defendants charges are
true The only issue is whether he pre-
/ sumed to criticize the government. If
! his criticisms are true, that only ag-
gravates the crime"
! For an editor to admit he had
criticized an official was, previous to
! that time, the same as pleading gull
, ty. Zenger's attorney had determined
! to try a new line. He wanted to have
! the court decide that an editor had
the right to tell the truth SO he de-
mandcd that witnesses be called to
prove that what Zengcr wrote was
true. The Chief Justice CURLY
answered that such a question could
not be raised SO Hamilton was not
allowed a single witness.
/ Thercupon he turned to the jury
and urged them to be witnesses of
the truth of Zengcr's charges. They
i also were citizens He denounced tyr
amy, and eXcoriatcd the abuse of
power More than forty years before
| the Declaration of Independence, he
; told the people that they themselves
must defend their rights.
In one of the most moving speeches
that had been made in an American
courtroom up to that time, Hamilton
declared that unrestrained power
clears down all before it bringing de-
structon and dcsolation where it
comes. . Let us at least do our duty
and like wise men use our utmost care
to support liberty, the only bulwark
against lawless power, he urged.
And continued, "the question before
the court and you, gentlemen of the
jury, is not of small or private con-
Germ; it is not the cause of the poor
printer, nor of New York alone. No!
1t may in its consequence effect every
free man that lives =. on the main of
! America 1t is the best cause 1t is the
cause of liberty e, . the liberty of cX-
posing and opposing arbitrary power
by speaking and writing Truth"
That was one of the most dramatic
moments in our early history. There,
before the jurors on the bench for
criminals sat the poor printer"
! About the hall in all available places
were carpenters, blacksmiths, bakers,
tailOrs, and a few professional men.
Imposing, stern, and imperious on
chairs resembling thrones, sat the
! judges, representing the Mighty
British Empire. Standing before them
was the whitc-haired lawyer who had
Just said, 81 labor under the weight of
many years and am borne down with
great infirmitics Of body; yet old and
weak as | am ] should think it my
duty to go to the utmost part of the
| land in assisting to quCnch the flame
of prosecutions set on foot by the gov
eminent to deprive a people Of its
rights
The jurors, who were also "com-
mon People" may have seen the whole
American continent and all the future
generations, awaiting their decision.
As they contrastcd that frail old
champion with the stalwart judges,
and that imprisoned printer with the
powerful and grossly cXtravagant
governor they must have felt that
nothing but the shield of Truth stood
between the Nation which was to in
habit that continent and the arbi-
trary power of Oppressive rulers"
They seem to have been magnifi-
Gently aware of their responsibility
and decided the case without the
slightest hesitation: Disregarding