LITMIR.BIZ

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      The contest between Cosby and Van Dam, at first personal, soon involved the people, and divided them into two parties. Those in office, and their following, supported the governor, while the party of the people, especially after the removal of the chief justice, were violently opposed to the arbitrary act of the governor in removing a judge because his decision was not as he wished, and to the favoritism which could, by an ex post facto order, divest any of the colonial officers of salary earned and appropriated to individual use, and direct the amount to be paid to a stranger who had performed no service for it. If this were conceded, there would be little stability in the rights of British subjects.

      In the fall of 1733, Lewis Morris, being removed from the office of chief justice, offered himself as a candidate for representative for the county of Westchester in the assembly. Opposed to him was William Forster, supported by the chief justice, James DeLancey, and the second judge, Frederick Phillipse, who both appeared in person on the ground, and exerted their influence to the utmost to defeat the election of Morris. The account of this election, as told in the first number of the New York Weekly Journal, reads like a page from the history of feudal times, when the lords appeared upon the scene, followed by their retainers, ready for contests in the lists or on the field of battle.

      The high sheriff of the county, having, by papers affixed to the church of East Chester and other public places, given notice of the day and place, without stating any time of day when the election was to take place, the electors for Morris were very suspicious of some intended fraud. To prevent this, about fifty of them kept watch upon and about the Green at East Chester, the place of election, from twelve o’clock the night before until the morning of the appointed day.

      The electors of the eastern part of the county began to move on Sunday afternoon and evening, so as to be at New Rochelle by midnight. On their way through Harrison’s Purchase, the inhabitants provided for their entertainment, there being a table at each house plentifully provided for that purpose. About midnight they all met at the home of William LeCount, at New Rochelle, whose house not being large enough to entertain so many, a large fire was made in the street, at which they sat till daylight, when they again began to move. On the hill, at the east end of town, they were joined by about seventy horsemen, electors of the lower part of the county, and then proceeded to the place of election in the following order: First, rode two trumpeters and three violinists; next, four of the principal freeholders, one of whom carried a banner, on one side of which was affixed in golden capitals, KING GEORGE, and on the other side, in like golden capitals, LIBERTY & LAW; next followed the candidate, Lewis Morris, formerly chief justice of the province; then two colors. Thus, at sunrise, they entered the Green of East Chester, the place of election, followed by about three hundred horsemen, the principal freeholders of the county (a greater number than had appeared for one man since the settlement of the county). After riding three times around the Green, they went to the houses of Joseph Fowler and Mr. Child, who were well prepared for their reception.

      About eleven o’clock appeared William Forster, the candidate of the other side; after him came two ensigns, borne by two of the freeholders; then came the Honorable James DeLancey, chief justice of the province of New York, and the Honorable Frederick Phillipse, second judge of the province and Baron of the Exchequer, attended by about one hundred and seventy horsemen, freeholders, and friends of Forster. They entered the Green on the east side and rode round it twice. As they passed, the second judge very civilly saluted the former chief justice by taking off his hat, a salutation which the former judge returned in the same manner. After this, they retired to the house of Mr. Baker, who was prepared to receive and entertain them.

      About an hour after this the high sheriff came to town, finely mounted, with housings and holster caps of scarlet, richly laced with silver. Upon his appearance the electors on both sides went into the Green. After reading his majesty’s writ the sheriff directed the electors to proceed to their choice, which they then did, a great majority appearing for Morris. A poll was demanded and the sheriff insisted that a poll must be taken. A poll was taken, and did not close until about eleven o’clock at night. Morris, although the votes cast for him by thirty-eight Quakers were rejected, because they would not take the oath, was elected by a large majority.

      The indentures being sealed, the whole body of electors waited on the new representative, at his lodgings, with trumpets sounding and violins playing and then took leave of him.

      The foregoing follows the account which appeared in the New York Weekly Journal, which was friendly to Morris. In the same number of this paper the only item of local news is the following, which we reproduce in fac-simile.

      Thus the Black Horse Tavern had become the rallying place and rendezvous for the party of the people, and was, from this time, we have every reason to believe, the place where they continued to meet to concert on measures against prerogative and favoritism and against the arrogance and arbitrary acts of the governor and his supporters. These sentiments were not new to the people, but had been lying dormant, like smoldering embers, which needed only a slight agitation to fan them into a flame. Not since the time of Bellomont had there been so much bitterness displayed in party strife.

      Since 1725, a newspaper had been printed in New York, but William Bradford, its printer, was in the pay of the government, and no item in opposition to the governor or his friends was to be found in its pages. In November, 1733, appeared the first number of the New York Weekly Journal, printed by John Peter Zenger, and devoted to the support of the party of the people, at the head of which were Lewis Morris and Rip Van Dam. It soon began to make itself felt. It was eagerly read, its sarcastic, reflections on the government, and its biting criticisms, furnishing a weekly entertainment to the public, which drove the governor and his friends almost to madness. Its effect was so keenly felt that it was resolved, in council, that Zenger’s papers, Nos. 7, 47, 48 and 49, and also two certain printed ballads, as containing many things tending to sedition and faction, to bring his majesty’s government into contempt, and to disturb the peace thereof, should be burned by the common hangman or whipper, and that the mayor and magistrates should attend the ceremony. This they refused to do and forbade the whipper, who was in the employ of the city, to obey the order. His place was supplied by a negro slave of the sheriff. Attempts were made to have Zenger indicted, but the grand jury refused to bring in a bill.

      In November, 1734, Zenger was arrested and imprisoned, by order of the council, for printing seditious libels, and, for a time, was denied the use of pen, ink and paper. In January, 1735, the grand jury not having indicted him, the attorney-general filed an information against him. In the meantime he was editing his paper through a hole in the door of his cell. At the April term of court his counsel, James Alexander and William Smith, the two ablest lawyers of New York, filed exceptions to the legality of the commissions of the two judges. For this they were silenced, and John Chambers was appointed by the court counsel for Zenger

Trial of John Peter ZengerDinner at The Black Horse

      When the trial came on, in July, 1735, Andrew Hamilton, of Philadelphia, a lawyer of great reputation, who had been secretly engaged, unexpectedly appeared by the side of the prisoner. He was capable, eloquent and audacious, and, in conjunction with Chambers, managed the case with so much ability and skill that the jury, after being out only ten minutes, returned with a verdict of Not Guilty, which was received with shouts and cheers. The judges threatened the leaders of the tumult with imprisonment, when a son of Admiral Norris, who was also a son-in-law of Lewis Morris, declared himself the leader and invited a repetition of the cheers, which were instantly repeated. Andrew Hamilton was hailed as the champion of liberty. The corporation of New York shortly presented him with the freedom of the city in a gold box, “for his learned and generous defence of the rights of mankind and the liberty of the press.” Zenger was released from prison, after having been confined for more than eight months. After the trial was concluded, the enthusiasm and demonstrations of satisfaction centered at the Black Horse Tavern, where a splendid dinner was given to Andrew Hamilton in celebration of his great victory. At his departure, next day, “he was saluted with the great Guns of several Ships in the Harbour as a public Testimony of the glorious Defence he made in the Cause of Liberty in this Province.” Governeur Morris stated to Dr. John W. Francis his belief that “the trial of Zenger, in 1735, was

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