Effects of It or not; for nothing could be more easy than to publish the most virulent Papers with the greatest Security, if the concealing the Purport of them from an illiterate Publisher, would make him safe in the dispersing them: Also, it has been said, that if he who hath either read a Libel himself, or hath heard it read by another, do afterwards maliciously read or report any Part of it in the Presence of others, or lend or shew it to another, he is guilty of an unlawful Publication of it. Also, it hath been holden, that the Copying of a Libel shall be a conclusive Evidence of the Publication of it, unless the Party can prove, that he delivered it to a Magistrate to examine it, in which Case the Act subsequent is said to explain the Intention precedent. But it seems to be the better Opinion, that he who first writes a Libel, dictated by another, is thereby guilty of Making of it, and consequently punishable for the bare Writing; for it was no Libel till it was reduced to Writing.
These, Gentlemen, are some of the Offences which are to make Part of your Enquiries; and if any other should arise in the Course of your proceedings, in which you are at a Loss, or conceive any Doubts, upon your Application here, We will assist and direct you.
The Grand Jury not indicting me as was expected, the Gentlemen of the Council proceeded to take my Journals into Consideration, and sent the following message to the general Assembly. Die Jovis, 3 ho. P.M. 17th of October, 1734.
A message from the Council by Philip Cortlandt, in these Words, to wit,
That Board having had several of Zenger's New-York Weekly Journals, laid before them, and other scurrilous Papers, tending to alienate the Affections of the people of this Province from His Majesty's Government, to raise Seditions and Tumults among the People of this Province, and to fill their Minds with a Contempt of His Majesty's Government: And considering the pernicious Consequences that may attend such growing Evils, if not speedily and effectually put a Stop to. And conceiving that the most likely Method to put a Stop to such bold and seditious Practices, to maintain the Dignity of his Majesty's Government, and to preserve the
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Peace thereof, would be by a Conferrence between a Committee of this Board, and a Committee of the Assembly; it is therefore ordered, That the Gentlemen of this Board, NOW ASSEMBLED, or any seven of them, be a Committee, to join a Committee of the House of Representatives, in order to confer together, and to examine and enquire into the said Papers, and the Authors and Writers thereof. Which Message being read. Ordered, That the Members of this House, or any fourteen of them, do meet a Committee of the Council, at the Time and Place therein mentioned. Die Veneris, 9 ho. 18 October, 1734. Mr. Garretson from the Committee of this House reported, That they last Night met the Committee of the Council, on the subject Matter of their Message of yesterday to this House; and that after several Preliminaries between the said Committees, the Gentlemen of the Council reduced to Writing, what they requested of this House, and delivered the same to the Chairman, who delivered it in at the Table, and being read, is in the Words following. At a Committee of the Council held the 17th of October, 1734. PRESENT.
| Mr. Clarke.
| Mr. Harrison.
| Dr. Colden. |
| Mr. Livingston.
| Mr. Kennedy.
| Mr. Chief Justice. |
| Dr. Cortland.
| Mr. Lane.
| Mr. Horsmanden. |
Gentlemen; The Matters we request your Concurrence in, are, That Zenger's Papers, No. 7 · 47 · 48 · 49 · which were read, and which we now deliver, be burnt by the Hands of the common Hangman, as containing in them many Things derogatory of the Dignity of His Majesty's Government, reflecting upon the Legislature, upon the most considerable Persons, in the most Distinguished Stations in the Province, and tending to raise Seditions and Tumults among the People thereof. That you concur with us in the Addressing the Governour, to issue His Proclamation, with a Promise of Reward for the Discovery of the Authors or Writers of these Seditious Libels.
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