Power may justly be compared to a great river. While kept within its due bounds it is both beautiful and useful. But when it overflows its banks, it is then too impetuous to be stemmed; it bears down all before it, and brings destruction and desolation wherever it comes. If, then, this is the nature of power, let us at least do our duty, and like wise men (who value freedom) use our utmost care to support liberty, the only bulwark against lawless power, which in all ages has sacrificed to its wild lust and boundless ambition the blood of the best men that ever lived.
I hope to be pardoned, Sir, for my zeal upon this occasion. It is an old and wise caution that when our neighbor’s house is on fire we ought to take care of our own. For though (blessed be God) I live in a government where liberty is well understood and freely enjoyed, yet experience has shown us all (I am sure it has to me) that a bad precedent in one government is soon set up for an authority in another. And therefore I cannot but think it my, and every honest man’s, duty that (while we pay all due obedience to men in authority) we ought at the same time to be upon our guard against power wherever we apprehend that it may affect ourselves or our fellow subjects.
I am truly very unequal to such an undertaking on many accounts. You see that I labor under the weight of many years, and am bowed down with great 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 services could be of any use in assisting to quench the flame of prosecutions upon informations, set on foot by the government to deprive a people of the right of remonstrating (and complaining too) of the arbitrary attempts of men in power.
Men who injure and oppress the people under their administration provoke them to cry out and complain, and then make that very complaint the foundation for new oppressions and prosecutions. I wish I could say that there were no instances of this kind.
But to conclude. The question before the Court and you, Gentlemen of the Jury, is not of small or private concern. It is not the cause of one poor printer, nor of New York alone, which you are now trying. No! It may in its consequence affect every free man that lives under a British government on the main of America. It is the best cause. 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 attempt of tyranny, and by an impartial and uncorrupt 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 and writing truth.
Here Mr. Attorney observed that Mr. Hamilton had gone very much out of the way, and had made himself and the people very merry; but that he had been citing cases not at all to the purpose. All that the jury had to consider was Mr. Zenger’s printing and publishing two scandalous libels that very highly reflected on His Excellency and the principal men concerned in the administration of this government—which is confessed. That is, the printing and publishing of the journals set forth in the information is confessed. He concluded that as Mr. Hamilton had confessed the printing, and there could be no doubt but they were scandalous papers highly reflecting upon His Excellency and on the principal magistrates in the Province—therefore he made no doubt but that the jury would find the defendant guilty, and would refer to the Court for their directions.
MR. CHIEF JUSTICE. Gentlemen of the Jury: The great pains Mr. Hamilton has taken to show how little regard juries are to pay to the opinion of judges, and his insisting so much upon the conduct of some judges in trials of this kind, is done no doubt with a design that you should take but very little notice of what I might say upon this occasion. I shall therefore only observe to you that as the facts or words in the information are confessed, the only thing that can come in question before you is whether the words as set forth in the information make a libel. And that is a matter of law, no doubt, and which you may leave to the Court.
MR. HAMILTON. I humbly beg Your Honor’s pardon, I am very much misapprehended if you suppose that what I said was so designed.
Sir, you know I made an apology for the freedom that I found myself under a necessity of using upon this occasion. I said there was nothing personal designed. It arose from the nature of our defense.
The jury withdrew, and returned in a small time. Being asked by the clerk whether they were agreed on their verdict, and whether John Peter Zenger was guilty of printing and publishing the libels in the information mentioned, they answered by Thomas Hunt, their foreman, “Not guilty.” Upon which there were three huzzas in the hall, which was crowded with people; and the next day I was discharged from my imprisonment.