Fueling the Fire...

   The history and background surrounding the case of John Peter Zenger paints a picture of some of the trials endured by the colonies of America.

   William Cosby, under the authority of the King of England George II, of the House of Hanover, arrived amidst a politically unsettled New York in August 1732 to fill the role of governor. Having fallen on hard times in England, his foremost concern upon becoming governor was figuring out how to restore his own fortune.

   Censorship of the press was heavily practiced by the elite in England as a result of the religious, among other political, tensions and conflicts. Everyone involved in literature thought to encourage resistance against the state, whether reader, writer, or publisher, was vulnerable to prosecution. English law did not provide for “truth” to be a defense to libel, therefore this defense having not only been used, but been successful, in the Zenger case helped to set various precedents in the American legal system as it is today. In addition to legitimizing truth as a valid defense to libel, the trial of John Peter Zenger is one of the cases that has led to the establishment of the First Amendment, in particular, prohibiting the government from impeding on the freedom of the press. The circumstances surrounding the trial also helped to stress the importance of trial by jury, which is later established in the Sixth Amendment, due to the new possibility of jury nullification, and fueled the fire between the colonists and their given, not chosen, leaders.

   Existing tensions between colonists and government officials did not dissuade Cosby exploiting his position for personal gain by selling public, provincial offices under his control. This practice went without serious protest for the first three years that Cosby held office because he pacified the powerful by lining their pockets with the ill-gotten money as well. Those that did not hold enough influence to be a threat to Cosby did not share the spoils, but were kept in check by the fear of his retaliation should they dare openly oppose him.

   Upon initially arriving at his post in New York, Cosby was supposed to receive a sum of money from another executive official named Rip Van Dam. Van Dam refused to pay this money because he did not think it was fair that Cosby had received other sums of money prior to leaving England and still felt entitled to take half of Van Dam’s salary. Van Dam suggested that he and Cosby compromise, offering to give Cosby half of his salary in exchange for half of the sum Cosby had been paid in England to take the governorship in New York. Van Dam estimated that he would be giving Cosby £6407 while only receiving £1975. Even so, Cosby refused, wanting it all, and being at a standstill with Van Dam, he created an entire court from scratch, the Court of Exchequer, for the sole purpose of suing Van Dam for the money in 1733. Cosby could not use the Supreme Court of New York because he was positive the jury of Van Dam’s countrymen would not rule in his favor. Cosby handpicked the three judges to serve in the new court, guaranteeing he would win the case. This first impression on how he intended to abuse his power, in addition to run-ins with other influential members of the society throughout his rule, further alienated the government of New York from its colonists.