CHAPTER IV
BEGINNINGS IN COLONIES
MASSACHUSETTS, PENNSYLVANIA, AND NEW YORK
Both for historical and for sentimental reasons, the beginnings of anything have unusual interest. This fact will explain why so much space is given to the first two or three newspapers in each of the original thirteen colonies. Some of these papecs were most unpretentious and were born to bloom unseen save by a comparatively few subscribers who were usually so delinquent in the payment of their subscriptions that many of the papers continually faced the possibility of suspension. The newspaper must be properly nourished and must have a fairly good circulation or it cannot withstand those diseases which thrive best when the circulation is poor and the newspaper is struggling for existence. Though the high death-rate among these papers tells its own story, nowhere will be found a more practical demonstration of following the advice, "If at first you don't succeed, try again." Whatever else may have been his qualifications, the early American printer as a usual thing was persistent in his efforts to enlighten his neighbors through the press, and in his attempts to found papers may be found that distinguishing characteristic of American journalism which knows no such thing as defeat. The fact must not be lost sight of that during the early history of this country newspaper censors were ever present who, clothed by the law with authority, never hesitated to annoy the poor printer whenever he put anything interesting in his paper. A jail sentence rather than a libel suit was the sword of Damocles which hung in every newspaper office should something be printed which reflected in any way upon the Government. Feeble as were some of these pioneer papers, they were the foundations upon which rests the journalism of to-day.
POSTAL ORGAN OF MASSACHUSETTS
When John Campbell, the founder of American journalism and the publisher of The News-Letter, was, in 1719, removed from his office as postmaster at Boston, his successor was William Brooker. The latter for several reasons evidently felt the need of a special organ, for on December 21, 1719, he started The Boston Gazette. Campbell, said to have been so indignant over his removal from office that he would not let his paper be distributed through the mails, intimated that his News-Letter was "held up" in the post-office so that "people remote have been prevented from having the News-Paper." Whatever his reason he kept his paper out of the mails, a fact which is said to have helped Brooker's decision to bring out The Gazette. The latter paper became practically the organ of the Boston postmaster and was accordingly passed along one to the other until it became a part of The England Weekly Journal in 1741. From 1719 to 1754 every postmaster had his own paper, and five out of the six who held the office during this time were connected with The Boston Gazette.
So long as Brooker was postmaster, the printer of The Gazette was James Franklin. When the paper changed hands, the printing went to Samuel Kneeland. Peeved at the loss of this business, Franklin retaliated by starting The New-England Courant on August 7, 1721.
FIRST NEWSPAPER WAR
Of the newspaper war which arose after the starting of The New-England Courant between or among the three Boston papers, only the briefest mention is necessary. Campbell doubtless felt the competition, for his appeals for support of The News-Letter became more urgent. If, in the end, he had to yield, he at least "died with his boots on."
The conflict, however, that Franklin had, not only with the authorities, but also with the clergy, deserves more than passing mention. The controversy with the latter started over vaccination for smallpox. Franklin was bitterly opposed to such a practice, and the way he lampooned the Reverend Increase Mather for upholding such a doctrine has never been equaled even by the yellow press. The distinguished clergyman was something of a fighter, as may be seen from his "Advice to the Publick" published in The Gazette:Whereas a wicked Libel called the New-England Courant, has represented me as one among the Supporters of it; I do hereby declare, that altho' I paid for two or three of them, I then, (before the last Courant was published) sent him word I was extreamly offended with it! In special, because in one of his Vile Courants he insinuates, that if the Ministers of God approve of a thing, it is a Sign it is of the Devil; which is a horrid thing to be related! And altho' in one of the Courants it is declared, that The London Mercury Sept. 16, 1721, affirs that Great Numbers of Persons in the City and suburbs are under the Inoculation of the Small Pox; in his next Courant he asserts, that it was some Busy Inoculator, that imposed on the Publick in saying so; Whereas I myself saw and read those words in The London Mercury: And he doth frequently abuse the Ministers of Religion, and many other worthy Persons in a manner, which is intolerable. For these and such like Reasons I signified to the Printer, that I would have no more of their Wicked Courants. I that have known what New-England was from the Beginning, cannot but be troubled to see the Degeneracy of this Place. I can well remember when the Civil Government would have taken an effectual Course to suppress such a Cursed Libel! which if it be not done I am afraid that some Awful Judgment will come upon this Land, and the Wrath of God will arise, and there will be no Remedy. I cannot but pity poor Franklin, who tho' but a Young Man it may be Speedily he must appear before the Judgment Seat of God, and what answer will he give for printing things so vile and abominable? And I cannot but Advise the Supporters of this Courant to consider the Consequences of being Partakers in other Mens Sins, and no more Countenance such a Wicked Paper.
The Reverend Mr. Mather was reported to have said that The New-England Courant was "carried on by a Hell-Fire Club, with a Non-Juror at the head of them." Not content with picking a quarrel with the clergy Franklin began to criticize the acts of civil magistrates. But let Benjamin Franklin tell the tale how he broke into journalism as the result of his brother's troubles with the Assembly, even though he is in error about dates and numerical rank of The New-England Courant which was the third paper in Boston and the fourth in the colonies:—
My brother had, in 1720, begun to print a newspaper. It was the second that appeared in America, and was called the New England CouCourant. The only one before it was the Boston News-Letter. I remember his being dissuaded by some of his friends from the undertaking, as not likely to succeed, one newspaper being in their judgment enough for America. At this time, 1771, there are not less than five-and-twenty. He went on, however, with the undertaking. I was employed to carry the papers to the customers, after having worked in composing the types and printing off the sheets. . . .
My brother's discharge was accompanied with an order, and a very odd one, that "James Franklin no longer print the newspaper called The New England Courant" On consultation held in our printingoffice amongst his friends, what he should do in this conjuncture, it was proposed to elude the order by changing the name of the paper. But my brother, seeing inconvenience in this, came to a conclusion, as a better way, to let the paper in future be printed in the name of Benjamin Franklin; and in order to avoid the censure of the Assembly, that might fall on him, as still printing it by his apprentice, he contrived and consented that my old indenture should be returned to me with a discharge on the back of it, to show in case of necessity; and, in order to secure to him the benefit of my service, I should sign new indentures for the remainder of my time, which were to be kept private. A very flimsy scheme it was; however, it was immediately executed, and the paper was printed accordingly, under my name, for several months.
The fact not to be lost sight of is that every such conflict with the civil authorities brought the freedom of the press a little nearer its realization. Another fact, almost equally as important, was that liberty of the press not only in England, but also in America has been intimately associated with liberty of religious worship and that freedom in both was simultaneous in New England. The Courant was probably discontinued in 1727.
FIRST PENNSYLVANIA PAPER
On December 22, 1719, the Tuesday following the Monday on which The Boston Gazette was established, The American Weekly Mercury, the first newspaper in the middle colonies and the third paper in America, appeared in Philadelphia from the press of Andrew Bradford, the local postmaster and a son of William Bradford, who was to be the publisher of the first newspaper in New York. At first, the paper was sold by "Andrew Bradford at The Bible in the Second Street and John Copson in the High Street," but on May 25, 1721, Copson's name was withdrawn from the imprint and that of " William Bradford in New York" was substituted. When the elder Bradford started The New York Gazette November 8, 1725, his name, as the seller of The American Weekly Mercury in New York, was removed. On December 13, 1739, The Mercury was "printed by Andrew and William Bradford," a partnership, however, which lasted only about eleven months, when The Mercury was again printed by Andrew Bradford. After his death on November 23, 1742, the next issue, December 2, was put in mourning with the in- verted column rules. His widow, Cornelia Bradford, suspended the paper for one week on account of the death of her husband and then continued the black borders for the next six weeks. Later, with Isaiah Warner as a partner, she published The Mer- cury until October 18, 1744, when she again became the sole proprietor. The paper bore her name in the imprint so far as can be learned until its suspension early in 1747.
Andrew Bradford, like other colonial editors, had his troubles with the civic authorities, for on January 2, 1721, he printed an item which read, "our General Assembly are now sitting and we have great expectation from them at this juncture that they will find some effectual remedy to revive the dying credit of this Province and restore us to our former happy circumstances." The Provincial Council saw a criticism of its actions in this paragraph and summoned its publisher on February 21 to ex- plain why such an item was inserted in his paper. In its defense Bradford said the notice was written and inserted by a German printer without authority and that he regretted exceedingly its publication. With the usual reprimand and with a warning never to publish anything in the future about the affairs of any of the colonies, he was discharged.
This punishment was mild compared with the one that he re- ceived for printing some communications from Benjamin Frank- lin signed "Busy Body." These communications by Franklin, while simply insisting that th9se in authority should be inspired with a public spirit and with a love of their country, so offended the Governor and his Council that they arrested Bradford, sent him to jail, and later bound him over to the court. In colonial days editors did not seem to mind being locked up in jail: editing a paper from prison was always sure to increase the circulation. Certainly, Bradford's Mercury never occupied a very important place in Philadelphia until after he had been in prison.
During much of the time that Bradford conducted The American Weekly Mercury he was postmaster of Philadelphia. This office was of great help to him, if the words of Franklin can be accepted at their face value. To quote from his "Autobiography":—
As he (Bradford) held the post office, it was imagined that he had better opportunities for obtaining the news, and his paper was thought a better distributor of advertisements than mine, and therefore had many more; which was a profitable thing for him and a disadvantage to me, for tho' I did receive and send papers by the post, yet the public opinion was otherwise; for what I did send was by bribing the riders, who took them privately, Bradford being unkind enough to forbid it, which occasioned some resentment on my part; and I thought so meanly of the practice that when I afterwards came into the position, I took care never to imitate it.
SECOND PAPER IN PHILADELPHIA
With the issue of Number 80 of The New-England Courant on February 11, 1723 (Old Style), Benjamin Franklin had become a Boston newspaper publisher in name, if not in fact. After a quarrel with his brother, James, he had gone to New York: not finding employment with William Bradford, the only printer there at that time, he had gone on to Philadelphia where he worked at his trade in the office of Samuel Keimer, one of the two printers of the place. Of his trip to England and of his partnership, upon his return to Philadelphia, with Hugh Meredith, nothing needs to be said here until that time when they had decided to publish a newspaper. Unfortunately for them, their decision reached Keimer through a former fellow-workman, George Webb, before they were prepared to bring out the paper.
Keimer, on the other hand, lost no time in publishing a prospectus of one he would speedily print. His announcement reminds one of modern magazine braggadocio:—
Whereas many have encouraged me to publish a Paper of Intelligence: and whereas the late Mercury has been so wretchedly performed as to be a Scandal to the Name of Printing, and to be truly styled Nonsense in Folio, This is therefore to notify that I shall begin in November next a most useful Paper, to be entitled, The Pennsylvania Gazette or Universal Instructor. The Proposer having dwelt at the Fountain of Intelligence in Europe, will be able to give a Paper to please all and to offend none, at the reasonable Expense of Ten Shillings per annum, Proclamation Money.
The paper, with the longer title of The Universal Instructor in all Arts and Sciences; and Pennsylvania Gazette, appeared on December 24, 1728. The next week Keimer, adopting the style of the Quakers, dated his paper, "The 2d of the 11th mo. 1728." In spite of the fact that the first two pages were given up to extracts from Chambers' "Dictionary of the Arts and Sciences," a book just imported from London, Keimer boasted that with the thirteenth issue the paper had a circulation of two hundred and fifty copies. Then the subscribers began to drop off: not even selected tales of English life or extracts from Defoe's "Religious Courtship" prevented the diminution. One reason for the decline may have been the ridicule hurled at the paper by Franklin, under the nom-de-plume of "Busy Body," in the columns of The Mercury. After nine months the paper had less than one hundred subscribers, and Keimer was glad to sell at any price to Franklin and Meredith, who assumed control with Number 40 on October 2, 1729.
FRANKLIN A REAL NEWSPAPER PUBLISHER
The new firm shortened the title to The Pennsylvania Gazette, cut short the "Religious Courtship," and referred its readers to Chambers' "Dictionary" for further information which it would take them fifty years to give if they followed Keimer's example of printing. In the place of these features, Franklin put good news-items mixed with a little comment of his own. With the fourth issue he announced a "Half Sheet twice a Week" and gave America its first semi-weekly. But he was too progressive a journalist for the time, and after a few numbers he returned to weekly publication.
On July 14, 1730, the partnership of Franklin and Meredith was dissolved: the former continued the sole publisher of the paper until 1748 when he admitted David Hall who had started to work on the paper five years before. Hall, to quote Franklin's words, "took off my hands all care of the printingoffice, paying me punctually my share of the profits." This second partnership lasted eighteen years, during which time the paper became possibly the most influential and certainly the most successful financially of any of the colonial newspapers. By way of illustration of the latter, the profits from 1748 to 1766, when Hall became the sole proprietor, amounted to over twelve thousand pounds for subscriptions and over four thousand for advertising.
When the Stamp Act went into effect on November 1, 1765, The Pennsylvania Gazette appeared not only without a title, but also without an imprint so that the publisher might not be known to the authorities. When the paper resumed its old title, Franklin's name was omitted in the imprint. He doubtless sold out to Hall at that time, but he did not dissolve the partnership formally until February 1, 1766. In May of that year Hall took in William Sellers as partner and together they continued The Pennsylvania Gazette.
After Franklin ceased to be connected actively with The Pennsylvania Gazette, he achieved fame in so many lines that he has often been spoken of as the many-sided Franklin. To the last, however, the diplomat and scientist thought of himself first as a printer. This epitaph, composed by and for himself, before his death on April 19, 1790, showed this fact:—
The Body of
Benjamin Franklin, Printer,
(Like the cover of an old Book,
Its contents worn out,
And stript of its lettering and gilding)
Lies here, food for worms!
Yet the work itself shall not be lost,
For it will, as he believed, appear once more
In a new
And more beautiful edition,
Corrected and amended
By its Author.
The demise of The Pennsylvania Gazette occurred on October 11, 1815. An advertisement on that date reprinted a notice dated September 20, 1815, in which an announcement was made that owing to the -death of both proprietors, Hall and Pierie, The Pennsylvania Gazette would discontinue on October 11, 1815. The notice asserted that if enough subscribers could be obtained by a certain date the paper would be revived. New papers which had appeared in Philadelphia seemed to have the popular favor, for the required number of subscribers was not secured and The Pennsylvania Gazette, which had held a foremost place in two different eras of American journalism, was no more. The plant of the paper was sold and the equipment became scattered among the various printing-offices of the city.
FIRST PAPER IN NEW YORK
Because William Bradford was the founder of the first paper in New York, and because he trained in his shop many of the printer-editors of colonial New York, he should receive special attention. After learning his trade in the office of his father-inlaw, Andrew Sowle, he accompanied William Penn to America in 1682. Upon his return to England in 1685 he procured a press and type and again set sail for Philadelphia where he opened a bookshop and did a general printing business a work which needs only passing mention, as he did not at that time think of starting a newspaper.
Invited to come to New York by Governor Benjamin Fletcher, Bradford was appointed "Royal Printer" in 1693. In 1696 Bradford evidently reprinted an English newspaper,—probably The London Gazette,—for a letter dated May 30, 1696, from Governor Fletcher to the Lords of Trade says: "A Ship belonging to this Place from Madera happily mett at Sea that Vessell which had your Lord's Packet for Virginia & brought me a Gazett which gave me an Account of that horrid Conspiracy against His Majesty's Sacred Person. I caused it to be reprinted here." Possibly Bradford was mindful of the fate of the venture attempted by Benjamin Harris in Boston and did not care to start a paper when the censorship was so severe.
Thomas, in his "History of Printing," reproduced a heading of a second number of The New-York Gazette in which it showed the date of from Monday, October 16, to October 23, 1725: this would make the first issue on October 16, 1725—a date which has been commonly accepted as that on which New York's first newspaper appeared. While Thomas undoubtedly knew at first hand about the early journalism of New England, he was evidently mistaken about the date of the first issue of The NewYork Gazette. Unfortunately, no copy of the first issue of the paper has survived, but there are, however, copies of the paper published the first half of 1726. Taking any one of these as a starting-point and working backwards, one finds that Volume I, Number 1, should be dated November 1 to November 8, 1725: in other words, The New-York Gazette was first published on November 8, 1725, if there was regularity of publication. To support the correctness of this date, the following facts may be cited: Bradford's day of publication was on Monday, and any almanac for 1725 shows that October 16 fell not on Monday, but on Saturday.
The New-York Gazette, Number 26, May 2, 1726, contained this item:
N.B. This Numb. 26 of our Gazette, concludes the first half year and is the Time the first Payment should be made by the Gentlemen who encourage the same. And altho' the Number subscribed for does not defray the Charge, yet we intend to Continue it the next half year, in the hopes of further Encouragement.
The most positive proof of November 8 as the date on which Bradford first brought out his Gazette will be found in an item published after the paper had been in existence two and one-half years:
By the Advice and encouragement of some Gentlemen, for the Information of the Publick, We began to Publish this Gazette the first of November, 1725 (not doubting but we should have Subscribers to take off such a Number as might defray the Charge), and the first of May last it was Two Years & a half that we have continued its Publication; but having calculated the Charge of Printing and Paper for the same, as also how much will arise to defray that Charge (when all those that take this Gazette have paid in what is due to the first of May last) do find that we shall lose Thirty-Five Pounds in the two years and a half by Publishing this Paper, besides the trouble and Charge of Correspondents, collecting the News, making up Pacquets and conveying the same to those in the Country who take them, And therefore if some further Encouragement be not given by a larger Number of Subscribers for said Gazette we must let it fall, and cease publishing the same. Many Persons that take this Gazette being above a year behind in their Payments, and some not having paid since the first publishing of the same, They are now desired to pay in what is due, in order to enable the further Publication, if it be continued.
This advertisement, or appeal, in Bradford's own paper settles, beyond the permissibility of a doubt, the month in which his Gazette first appeared. It should be noticed that Bradford did not say the first day of November, but "the first of November 1725," and consequently, because of the other proofs just given, his assertion may be taken as a common way about speaking of the first week of the month. In view of these facts, the date of New York's first newspaper may be set down as November 8, 1725.
From 1725 to 1730 The New-York Gazette consisted of a single sheet of four pages. From 1730 on, the number of pages was irregular, sometimes, two, other times, three, and occasionally, six. The paper was invariably poorly printed doubtless due to the fact that Bradford had used the type for a long time before he began to print this newspaper. Advertisements were few in number and the subscribers were not numerous enough to afford much encouragement to the printer a fact brought out by the two quotations already printed from Bradford's Gazette.
During all the years that Bradford conducted his paper, he was most loyal to those in authority. Yet Bradford, at heart, undoubtedly was in favor of the freedom of the press and supported in his columns many things simply because he needed the salary which he received as "Printer to the Province of New York," and which he would doubtless have lost had he adopted the motto of The New-York Chronicle, the tenth paper in New York, which read: "Open to all Parties and Influenced by None." Had The New-York Gazette been open to the Popular Party, it is a matter of doubt whether John Peter Zenger would have started The New-York Weekly Journal in 1733.
The newspaper war which arose between The New-York Gazette and The New-York Weekly Journal) the next paper of the colony, made Bradford's newspaper unpopular with the common people and assisted in a most material way to put Zenger's paper on a firm basis.
Bradford retired from the newspaper world on November 19, 1744, with the last issue of The New-York Gazette. For some time the paper had been published under the joint imprint of William Bradford and Henry De Foreest. After Bradford's retirement, De Foreest changed the name of the paper to The New-York Evening Post, with the next issue on November 26, 1744. Bradford died May 25, 1752.
ZENGER AND HIS PAPER
The second newspaper in the city was The New-York Weekly Journal first issued Monday, November 5, 1733,—incorrectly dated October 5,—by John Peter Zenger, a German who had come to New York in 1710 with a group of Palatines sent over by Queen Anne. Robert Hunter, at that time "Governor-inChief of New York, New Jersey, and Territories Depending Thereon in America," apprenticed Zenger on October 26, 1710, for eight years to William Bradford the printer whose newspaper has just been mentioned. Zenger, after he had become fairly proficient at his trade, ran away from his employer and drifted first into Pennsylvania and later into Maryland. Upon his return to New York he formed a partnership with Bradford. His association with his former partner was brief, for in 1726 he set up his own print-shop first on Smith and then later on Broad Street.
At this time New York had no newspaper to speak for the Popular Party, as Bradford's Gazette was practically a Government organ and its editor had to follow the directions of the Government "under the penalty of losing 50 pounds per annum salary and the title of the King's Printer for the Province of New York." As Zenger was poor and barely able to make both ends meet, there can be no doubt that when he brought out The New-York Weekly Journal on November 5, 1733, he was assisted financially by those opposed to the ruling powers. Among these was one James Alexander, who, in modern newspaper language, would be called the chief editorial writer. Most of the contents of The Journal was contributed matter, as may be learned by any one who cares to turn to the files of the early numbers. Zenger's contributions are easily discovered by their poor spelling and by their grammatical errors. Nevertheless, The Journal, which was folio in size, was much better printed than Bradford's Gazette, and so popular were some of the articles in the early issues that more than one edition had to be run off. Zenger told of the success of his venture in the twelfth issue which appeared on January 21, 1734 (3),. in which he said:—
An interesting comparison of The Gazette and The Journal was made by a correspondent who, writing under the nom-de-plume "Upon," gave the following reasons for his selection: "Zenger rides too fast and sticks in the spur when he ought to make use of the reins."To my Subscribers and Wellwishers;
Now when Forreign News is not to be had and all other News Writers in these countries are at a Loss how to continue their Papers, and what to fill them up with; I must acknowledge my Obligation to you to be such, that you do so plentifully supply me, that tho' for some Weeks past I have used my smallest Letter, and to put as much into a Paper as was in my Power, yet I have now Supplies sufficient to fill above seven weekly Papers more. This I mention that my Correspondents whose Works have not presently a Place in my Journal may know the cause of it and excuse it for a Time, assuring them that Justice shall be done to their Labours as soon as I possibly can, at least so much of them as I am advised I dare safely print and in order to do Justice to every one, I have thought of publishing a Thursdays Journal weekly for the Next Quarter, if my Subscribers for this Mondays Journal, will on their first Quarters Payment signify their desire of it either by Letter or Subscription for that purpose on the like Terms as this Paper, which I beg they'll consider of and signify their Inclinations, and if a sufficient Number to bear the charge approve of it, it shall (God willing) be done,I am
Your obliged humble Servant
J. Peter Zenger.
ZENGER'S TRIAL
An editor with such characteristics was bound to get into trouble with the authorities in colonial days. In his second her, Zenger published an article on "The Liberty of the Press." This was followed by other articles radical in tone. In November, 1734, an issue of The Weekly Journal was omitted. The reason Zenger gave in his next issue, Number 55, for Monday, November 25:
To All My Subscribers and Benefactors Who take My Weekly Journall. Gentlemen, Ladies, and Others;
As you last week were Disappointed of My Journall I think it Incumbent upon me, to publish My Apoligy which is this. On the Lords Day, the Seventeenth of this Instant, I was Arrested, taken and Imprisoned in the common Goal of this Citty, by Virtue of a Warrant from the Governour, and the Honorable Francis Harrison, Esq; and others in Council of which (God Willing) yo'l have a coppy whereupon I was put under such Restraint that I had not the Liberty of Pen, Ink, or Paper, or to see, or speak with People till upon my Complaint to the Honourable the Chief Justice, at my appearing before him upon My Habias Corpus on Wednesday following. Who discountenanced that Proceeding and therefore I have since that Time the Liberty of Speaking through the Hole of the Door to My Wife and Servants by which I doubt not yo'l think me sufficiently Excused for not sending my last weeks Journall, and I hope for the future by the Liberty of Speaking to my Servants thro' the Hole of the Door of the Prison to entertain you with My Weakly Journall as formerly.
And am your obliged
Humble Servant
J. Peter Zenger.
Writing from his prison on December 20, 1734, Zenger not only defended himself in replying to an attack made in Bradford's Gazette, but also criticized its writer for recalling the fact that he was brought over at the expense of the Crown. To quote Zenger's words:—
There is a great Noise made in that ridiculous Letter in Mr. Bradford's last Gazette about setting the Province in Flames, raising of Sedition and Tumults, etc. I know of none, either past or intended; if my Adversaries know of any, they'l do well to discover them, and prevent the Consequences . . . That I was brought over at the charitable expense of the Crown is the only Truth that groaping Fumbler found when he studied that clumsy Performence I acknowledge it; Thanks to QUEEN ANNE whose Name I Mention with Reverence, her Bounty to me and my distress'd Country Folks to be gratefully remembered. If that Author has contributed any Thing towards it, I begg to be inform'd, I assure him that my Acknowledgement shall not be wanting, not with standing his Ill Treatment: If he has not, I begg leave to tell him, that it is mean for him to twit me with Benefits that I am no ways beholden to him for.
Because of his attack on the arbitrary and corrupt administration of the British Colonial Governor Crosby, Zenger had been arrested on the charge of seditious libel. In the trial which followed, Zenger was fortunate in having to defend him Andrew Hamilton, probably the ablest lawyer of Philadelphia. During the most interesting trial several departures were made from the legal procedure of the past in libel suits. These have been outlined by Melville E. Stone, General Manager of the Associated Press, as follows:
First, the jury took the bit in their teeth and asserted their right to be the sole judges of both the law and the facts. Second, they decided that the oldtime rule that "the greater the truth the greater the libel" was an unwise one. Zenger was acquitted. And so it came about that there was a famous revolution in the colonial law. The judge ceased to be the sole arbiter of an editor's fate, and the truth when published from good motives and justifiable ends became an adequate defence for the journalist brought to bar. This meant that for the first tune in the world's history the freedom of the press, so far as such freedom was consistent with public rights, was established. The seed which John Milton had sown a century before, when he wrote his famous plea for "unlicensed printing," had come to fruition. Gouverneur Morris said this verdict was "the dawn of that liberty which afterward revolutionized America."
END OF ZENGER'S CAREER
Zenger was made Public Printer for the Province of New York in 1737, and a year later was given the same office for the Province of New Jersey. He continued, however, to bring out his Weekly Journal and lived to see the suspension of his rival, The New-York Weekly Gazette. The New-York Evening Post, the first paper of that name in the city, told of the end of Zenger's career when it published the following obituary notice on August 4, 1746:—
The New-York Weekly Journal, however, continued to be published by Zenger 's wife and son, John Zenger, Jr., until March 18, 1751,—or possibly a few weeks longer,—though no copies are known of a later date than the one just given.On Monday Evening last, departed this Life Mr. John Peter Zenger, Printer, in the 49 year of his Age; He Has left a Wife and six children behind, he was a loving Husband, and a tender Father, and his Death is much lamented by his Family and Relations.
Mother and son, however, experienced the greatest difficulties in making the paper pay expenses, and at various times printed in The New-York Weekly Journal notices requesting subscribers who did not have the ready money to send in hams, butter, cheese, poultry, flour, etc., in payment for their subscriptions in order that the "poor printer" might bring out his newspaper. The family was reduced to such straits financially that New York printers had to come to its aid: James Parker, for example, in his Post-Boy, advertised in the issue for November 11, 1751, that "a small Number of the Charters of the City of New York, printed by the late Mr. Zenger, for the Benefit of his Widow, are to be Sold by the Printer hereof, Price 3 Shillings."