Chapter II

English Colonial History




The Trial and Triumph of Liberty, page 3

Or, if some person should publicly repeat, in a manner not pleasing to his betters, the tenth and eleventh verses of the fifty-sixth chapter of the same book, then Mr. Attorney would have a large field to display his skill in, the artful application of innuendoes. The words are 'His watchmen are blind; they are all ignorant; yea, they are greedy dogs, which can never have enough.'' But to make them a libel, no more is wanting than the aid of his skill in the right adapting of his innuendoes. As for instance, His watchmen [innuendo, the Governor, Council, and Assembly] are blind; they are ignorant [innuendo, will not see the dangerous designs of his excellency]; yea, they [meaning the Governor and his Council] are greedy dogs, which can never have enough [innuendo, of riches and power.]''"

He then proceeded to show that these illustrations were perfectly in keeping with the ease under trial, and urged the jury to decide for themselves concerning the truth or falsehood of Zenger''s articles, after which he concluded as follows: "You see I labor under the weight of many years, and am borne down by many infirmities of body; yet, old and weak as I am, I should think it my duty, if required, to go to the utmost part of the land, where my service could be of any use in assisting to quench the flame of persecution upon information set on foot by the government to deprive a people of the right of remonstrating (and complaining too) against the arbitrary attempts of men in power—men who injure and oppress the people under their administration, provoking them to cry out and complain, and then make that very complaint the foundation for new oppressions and persecutions. I wish I could say there were no instances of this kind. But to conclude, the question before the Court and you, gentlemen of the jury, is not a small or private concern; it is not the cause of a poor printer, nor of New York alone, which you are now trying. No! it may, in its consequences, affect every freeman that lives under the British Government upon the main of America. It is the best of causes; it is the cause of liberty; and I make no doubt but your upright conduct this day will not only entitle you to the love and esteem of your fellow citizens, but every man who prefers freedom to a life of slavery will bless and honor you as men who have baffled the attempts of tyranny, and, by an impartial and incorrupt verdict, have laid a noble foundation for securing to ourselves, our posterity, and our neighbors, that to which nature and the laws of our country have given us a right–the liberty of both exposing and opposing arbitrary power, in these parts of the world, at least by speaking ands writing the truth."

The venerable barrister closed amid a general outburst of satisfaction and applause, and the attorney-general offered but a weak response. The jury were charged that they were judges of the fact, but not of the law, and that the truth of the libel should not enter into their deliberations. After a few minutes'' absence, the jury returned a unanimous verdict of "not guilty." The anxiety of the assembled populace being thus happily dismissed, their joy burst forth in loud and continued cheers, which rent the air, carrying everything before them. Hamilton was seized by glad hands, and borne from the court-room on the shoulders of the people. On the following day a public dinner was given him by the inhabitants, and the freedom of the city was presented to him in a magnificent gold box, and when he set sail for Philadelphia it was amid the roar of cannon. The spirit of independence brought out so emphatically in ''76 had already begun to work in the minds of the people, and Hamilton''s earnest utterances fell upon their hearts like sparks in a magazine. Whether this triumphant defeat of the Governor affected his health or not, we cannot tell, but he was shortly afterwards reported sick, and expired on the 7th of March, 1736. This great and decisive battle for the liberty of the press, so ably contested in the face of such frightful dangers, has had its influence on the government and inhabitants of Manhattan to the present day, and we cannot tell how deeply we are indebted to the burning appeals of that brilliant orator, and the fearless decision of that faithful jury.


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