The Court party also possessed the only newspaper in the Colony, William Bradford’s New York Gazette. Bradford himself was hardly a party man, but (again as official printer) he was in no position to let his little two-page publication be used against those in power. He could not refuse to let them censor the Gazette. He could not even demur when Governor Cosby decided to put one of his own men in charge of editorial policy.

That decision introduces us to the most entertaining rascal of the Zenger case—Francis Harison, the dubious individual who functioned as editor-by-appointment and flatterer-in-chief to His Excellency the Governor. Since Harison was a censor in fact, if not in name, he merits some attention in any explanation of how freedom of the press was established for the first time on this side of the Atlantic. His career, more than any except Governor Cosby’s, reveals why the Popular party of New York determined to throw down the gauntlet in the form of an opposition newspaper.

Francis Harison was notorious before Cosby was ever heard of in the Colony. Arriving more than twenty years earlier, he soon carved out a comfortable niche for himself. He had an enormous gift for wheedling jobs of some importance, and he did very well for himself, becoming among other things a member of the Governor’s Council, recorder for the City of New York, and a judge of the admiralty. He served as one of the commissioners in settling the boundary dispute with Connecticut. He must have been a real genius at wangling, for on more than one occasion he showed a dishonesty and a stupidity so startling as to rouse wonder that anyone ever trusted him with responsibility.

Take the matter of the Connecticut boundary, when he stumbled on the chance for his first really outrageous performance, an act as characteristic of the man as anything you could ask for. Knowing that 50,000 acres were to be turned over to New York in one place (the famous “Oblong”), he wrote clandestinely to friends in London, urging them to snap up the land before local people could get their hands on it. At the same time he maneuvered himself into the group of Colonials who were applying for a patent, apparently with the intention of undermining his trusting and unsuspecting colleagues, and of wresting control from them as agent for the London syndicate.

If such duplicity was second nature to him, its outcome was no less typical. The London patentees, after hurriedly obtaining a royal grant according to the advice of their mentor in New York, discovered that he (a boundary commissioner, be it remembered) had given them misplaced lines on the map, and that their claim was already occupied. How they felt about him after that may easily be surmised, also how the New Yorkers reacted to his perfidy. From then on it was axiomatic that when dealing with Francis Harison you had to use extreme caution and circumspection.

If we judge by intent and motive rather than by accomplishment, he was as consummate a scoundrel as the Colonies ever produced. His only saving grace was a beguiling habit of being almost invariably hoist with his own petard. Stupid criminality followed by exposure and humiliation—that is the pattern; and wherever you find it on the banks of the Hudson during the early 1730’s, you may justifiably look for the imprint of Francis Harison’s fine Italian hand.

His big opportunity came with the arrival of Colonel Cosby. The two hit it off from the start. They were two of a kind, complementaries: the one found a willing tool, the other a powerful patron. Where the Governor was perforce hemmed in to a certain extent by the nature of his office, his lieutenant enjoyed a wide latitude where he could do almost as he pleased.

In the Cosby scheme of things Harison was allotted the dirty work, the low chicanery, and the brute force that the administration resorted to. In particular, he was given control of the Gazette, to which he fed weekly eulogies of the administration. His associates may have despised him privately (we know that James Delancey did), but in the governor’s mansion he received the appreciation due his special talents. Cosby, like many another tyrant, had a place near the top for an unprincipled adventurer. Francis Harison was his hatchetman.

They were so close that Cosby almost made Harison chief justice following the dismissal of Lewis Morris. Delancey, who got the post, was not at all happy about it, and Colden tells us:

Mr Delancey excused his accepting of the commission at the expense of his predecessor by saying that the Governor could not be diverted from removing Mr Morris, and that if he did not accept it the Governor was resolved to put Mr Harison in the office, a man nowise acceptable to anybody. If that had been done it would certainly have been of great advantage to Mr Morris, for Mr Harison was of so bad a character, and so odious to the people, that they certainly would have pulled him from the Bench.[8]