American adventure; Zenger trial

American adventurer. The University of North Carolina represents American Adventure. Written by Johnny Lee directed by John Clayton American Adventure is produced and recorded by the communications center of the University of North Carolina. Earl when director. There are those who will tell you that the trial of John's anger was a simple matter concerning freedom of the press. It was no simple matter. Not in its day. Not when we leave the 20th century vantage point and go to the New York City of 1734. When there was a brush of the old just east of the present Broadway where over killed in autumn. The New York city of 10000 people of the seventeen hundred were Nigro slaves a place of small shops and stores of village place. We will take you

there and seek out the story. Going out to two lawyers who hurry along a dirt street rushing along for they have heard that the printer John's singer has been arrested by the British governor. And singer as a friend. I get the door. We came as soon as we heard Mr. Sanders but jolly well just tell us exactly what happened. Mrs. Unger we do all we can we short of perhaps you've done enough already. It was you that got my has been in jail Mr. Alexander. You and Mr. Myers and Mr. Marrs Jr. and you Mr. Smith and Mr. code and what your talk of freedom is and it's times I've been at the door when you and John were in you're talking you would say the price of freedom is high John and you'd say yes and worth the price. But you never told him it would all lead to this. Your husband knew of the danger of opposing the governor Mrs. Singleton it's the same danger here

as it was in Europe. That's no law involved. Governor God should be kept as nothing for the law. Don't get her more excited than a good husband wasn't I stood with grand jury indictment he would not be granted bail. He will be tried in a special court which has no president authorization and by a judge without a legal commission and by a well intimidated jury we'll call that law it isn't a question of law do you understand. Hold of your temper Alexander this is one of those cases where we must do what under Hamilton was great at doing before he retired. Argue the law until you've lost that to the decision of the court and then go over and put your foot on the rail of the jury box and talk to them. I never was able to do that. A Scotsman can't hold his temper in an English court anyway. They say you're the best in your province Mr Alexander. Well I'll try. As you know well enough. I'll try desperately. And let's face the simple fact that that is no law to be used to our advantage in this

case. Those who will interpret the law are on the other side and not as desperate as weak. And they also believe they are right just as much as we do. They wouldn't permit Smith for me to see or send word to John. We finally obtained a court order which permitted his wife and sort of insta visiting his bail was set to ten times his value more than was fat and more than John would permit anybody to lend him. So you remained in jail in every way you could. The governor reminded us that we occupied a dangerous position. Oh I know you expected to gain public approval of your team you were challenging of this court Mr. Alexander. But you know I have entered an exception as to your commission your honor. And if that commission is an order you have forced us into a position when we must sacrifice

the court for your service to the court. And so when Mr. Smith deprived a further opportunity to plead before the Kings just as whipped is the king's justice is it. Here were counsel for the defense is just bought of because counsel is one of being the cause of the defendant. Are we to come in America to the start of a chamber that held in England and will notify that he is with that I appoint young Mr. Sawyer to defend him and request of defendant. I'm in an exam. Yeah I've been expecting you. I thought I would find you here. Hanging up your wig in your law books in their proper order taking off your robe. Then you'll go home.

I want you to let him see your wife and say well it was a pleasant day today but I had the pleasure of disbarring two lawyers both of whom have devoted their lives to the law. No pleasure I told Alexander. I respect both you and Smith. You show in a poor way to show it on an exam. Perhaps I can explain explain your reasons for opposing the people I have taken no stand against the people. The man has no right under the law to criticize legal government has a right to fair to the defense to come to a federal trial they have perhaps take a drastic action in this case but for a reason his challenge to authority is a real danger to law and order. And if I have set aside some of the legal rights it is because I must get me to disgust you have a kind think you were born with that like you think a king can come out of a woman's womb and cry like a prince. And so do no wrong and do as he wishes. And what if the people have

one somebody lights and privileges. Why let them have their rights until it's time to deprive them of them. Well God save such kings and kings men I say people civil tongue in your head. I will just as you keep the law in your court and while I'm talkin let me tell you this. Before that was government there would have people believe that of course I believe the people who made the government government did not breathe into people one spark of life or one breath of coverage. People came from out of state and the question before us is if the people have the right to criticize government officials who exercise the people's power in the people's service and supposedly for the people's benefit. I see tell me to whom is the gov. Cause bill our sponsor King. Should God Save the King. He's busy this afternoon.

And to whom is the king of responsible German printer I assure you of that. Why isn't the king responsible in any way to the people who gave him his power to buy gifts. In either case the people have a grounds to demand an accounting for their use of it and that's what John has demanded and that's why he's in jail and it's because the whole structure of your authority is at stake in this matter that you're so much afraid that even you will set aside law and fairness and your conscience. Isn't that good enough of your Scotch talk Alexander. Do you know why I came over to this country. King had a great dislike for you. That's But half the reason. And what composer rest of it. I had a great dislike for him and now but damn you out of London to bring the start of chamber over here. See America is my big chance there is a wide wide ocean between us and the old way. I wonder whether we're going to take this new start over do you

hear. This is the people side of the Atlantic. The people are going to government and so when have people knowing what is best for them. Since when have kings cared what is best for them. People decide a question on its merits or will they take the easy way out. It will do both. But they all have their own best interests more than the King's governor and this is a first step towards this remarkable government you advocate freedom for man who is to print as they will if they will to print the truth necessary that these printers be men of breeding of education maybe have criminal records. Will it become to them a rich and lush business this legal blackmail of public officials are to be shot at. There will be editors who will sell themselves for 30 pieces of silver paid in pennies on a street corner. Just as that governors are doing the same they want a bigger charge for the service and in the palace.

But eventually the people will decide between one edited and another between truth and a half truth between honesty and deceit and what possible background have the people for making such decisions why they have as good a background for what it does. Somebody who was made a ruler because his father out of the hat of father who had a father who had a father who knew or was ought to kill the king. I have faith in the people who are not examined but I have never been I to I with blind faith in your posts come over to the window. And I will give you my reasons for opposing you. What are they people right there in the streets of New York. Dutch and Belgians French English Irish Scotch talian Spaniards negro slaves preachers grocers illiterates

cowards idiot soldiers rich main paupers prostitutes the Quakers Jews Lutherans and down on the waterfront you will find a murderer too. I expect any number of people here can be bought for less than 30 pieces of silver. You might start with half a crowd. These are my facts out there. These people are my arguments. Some of them good some bad some likable some unlikable. But I have passed that adolescent stage when I read in the words of your Andrew Hamilton and a few other Scotch lawyers. I have come to face the reality that the street outside my office we to give the new world over to them. I accept God by faith or to ask. Proof is absurd by definition but I do not have to take the people by faith I see them I know them and I tell you I do not

have faith in them as a body to govern wisely or where. And so you will sacrifice John to save the people from themselves. If I must Yes I will sacrifice my own life. Tis a noble motivation to lie. And I'm pleased to say I will be around to see you fail and plead in my courtroom Alexander. No but the people will have a jury there. Good afternoon. I'll see you at the trial. One moment Alexander. What is your answer to my arguments. Why do you avoid debating with me on this school. I'm not concerned with changing your views. I can see that that is a task to require more than an afternoon. It may take a lifetime. There are honest men who hold your view just as honest men hold mine. And so that always will be honest

men on either side of this question on any issue that is raised. It is not your opinion that bothers me but your tactics my friend. And God help you anybody in America who would deprive a citizen of his rights. You're. As I walked home from the lunches office. I realized that my whole body was trembling. My energy and confidence were spent now as the people passed me in my mind was confused. The launch is what made this whole business of believing in people.

It has its moments of doubt. Mrs. Hunt what in the world do you want with those cats. Mr. Alexander I dont know but eight months ago when they were kittens you remember how playful they were and I couldn't bring myself to part with one of them. So now I've got seven cats that's more than enough I should say. Yes and the worst part of it is there are others on the way. Would you like to have a groan or Mr. Amidon or Mrs. Hunt thank you. But my wife has has as a cat oh how wonderful to me is it. Is it a female. I took great care to obtain a mate how smart you were Mr. Alexander how very smart you were. James says that the bakery is hardly taking enough for all those cats and us do but still. Are you sure you wouldn't want a cat. Or if you excuse me Mrs. Hunt. I've been getting along oh of course oh by the way Mr. Alexander how is Mr. Singer you thinner due to the poor food I understand but well enough. I'm worried about him and so is James. James said last night that he might get put on the jury and then it might all be lost. What would be lost. The bakery you see all the rich people buy

cakes and pies and breads poor people bake their own. And if my husband gets on the jury and the jury finds Mr Sangar innocent Well what do you know what the governor's friends think about Mr zinger. I suppose I understand what you're sayin but the jury is selected by chance and I have nothing to do with it. Would you excuse me but I haven't told you about last night. What about it. We have our family prayers at night you know. James and the children myself We pray each of us in our turn. And last night when it came to me I mentioned Mr. Singer to the Lord and I said Lord help. John's anger and if it be thy will put chains on the jury. But only if it be thy will the Lord. In Jesus name. And it's the custom at the prayers when a person finishes for the family to say amen. But there was a long pause and

then it was low but I heard it and the Lord must've heard it too. For James he said Amen. Then the children said Amen. And it was done and the Lord knows we're willing. I thought you'd like to know too Mr. Alexander. Yes yes Mrs. Halm I'd like to know. Well the story of John's anger is well known. What it's taught in schools which would have pleased him if he'd known. But for those of you who didn't care too much about school I would tell you how the trial turned out. We had a time finding a lawyer who was willing to defend. You know they had families and ambitions or they were busy or you know so we

went to Philadelphia Smith and I for I was a lawyer. We picked perhaps the best in the whole country the retired Andrew Hamilton. And bothered with the element of age but but willing to return to practice for this president said in case they were all Scotsmen you was my brief. I'm happy to say but it did little good for justice. He insisted on the rulings of the start of chamber. So finally Hamilton hobbled over to the jury box and began talking to the jury that grew extremely angry. Your evidence Mr. Hamilton and you leave the interpretation of the law to the jury to the colt. If I may your honor but I also know that I may not choose to do so. And now suppose gentlemen of the jury we talk about what's at stake in this case just the threat of us. Let's decide how we in America want to interpret the law

about libel. And the jury had been out for some time. I sneaked over and sat down beside Mrs. HUNTER. What could have to know Mr. Alexander. Looks like your prayer was heard. So it was. Well if it was the Lord's will then it will be the Lord that will take care of us. And I do think John's anger has a good chance of being found innocent after that fine speech in his favor. It's going to be a difficult decision for a jury to make. They would be criticised perhaps chastised if they find that innocent. And the judges already they are Mr. Alexander. I mean it took them a long time enough to come to terms didn't it not so long. Your husband is at the front. He's the chairman you know. Looks so good standing there doesn't he. Yes yes I suppose so. I always said James was the best looking one of the hundred boys only one that took after his father in looks better businessmen than either of his brothers too except

maybe for today. And so John got a rose and faced his jury the moment seemed to stop expectantly Delancey leaned forward. The attorney general ceased gathering up the notes of his case and drew Hamilton waited tensely. What experience gives little definite clue to the decision of the jodis John Singleton appeared to become. But I noticed that his hands were clenched. His wife was crying. The jurymen were looking straight ahead to him on the beach and Irish. An Englishman with a twelve good men and true. The people in the court room were absolutely silent and outside the court room. People were weak and people throughout the province. People even in England were waiting some in hope

some in fear jury find the defendant. You know not guilty. You'll never see. She just said you know something. And so with these weddings it became possible for an American to criticize his government and the baker lost his bakery. That afternoon there was a rejoicing in New York City. The guns in the harbor gave Andrew Hamilton a salute and he and our party went to the Black Horse Tavern the favorite spot in New York at the time. Even Mrs Ingleton John and the children were there and we praised Hamilton and we praised each other and then we ask for the toast from John single himself. John rose slowly from his chair.

The governor says I'm a man of too many words that I am a man of one word and she is freedom from nine months and prison. I give you freedom from my years of life on this earth in the old country and my years here I give you my goddess. And I tell you Ana and she will reward you as she has me. I know her not. And she would leave you and guard her how she would be stove and. Worship her. As she would be taken from you. And then you would say I want freedom back again and you will go to find her. She is easily lost. And she is easily saw. But it is not easy to find her by friends of

America. I give you freedom. The. American Adventure is written by Johnny Lee directed by John Clayton produced by the communications center of the University of North Carolina. American adventurer is a study of and in the New World. His values and his characteristics who he is what he believes. The series is made possible by the National Association of educational broadcasters and the fund for I don't education and independent agency established by the Ford Foundation. And the single child Alexander was played by Earl when Mrs. anger by Gail E. Smith by Charles co-wrote the English judge de Lancey by Johnny Lee Mrs Hunt by Joe Grushecky and John's anger by John

Bennett's Carl Kasell speaking. American Adventure is produced and recorded by the University of North Carolina on the campus at Chapel Hill. Next Thursday night NBC invites you to hear the story of Thomas Wolfe on American Adventure.