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By Edwin A Notley

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Sample text

Many of the laws had loopholes, legal processes were slow, and the courts often were lenient. To remedy these defects, highly structured ‘‘vigilance committees’’ were organized throughout the South. These committees, representing a form of quasiofficial mob rule, took enforcement of the law into their own hands. They regularly meted out punishments ranging from the infliction of such indignities as head-shaving to manhandling and transportation by various means out of the community. The Civil War.

The judges reserved to themselves the central issues of malicious intent and bad tendency. Although the intent and tendency concepts had the potential to limit significantly the doctrine of seditious libel, in the hands of the judges they were of no appreciable consequence. The judges simply inferred bad intent and bad tendency from the very fact of the libel. In practical effect, then, the criticism itself became criminal. And, of course, truth was no defense. During this era, the prosecution of seditious utterances was not left entirely to the common law courts.

The jury, however, responding to the eloquence of Hamilton’s oratory and the popularity of Zenger’s cause, ignored the judge’s instructions and returned a verdict of not guilty. Although the Zenger case had no precedential effect on the substantive law, it signaled a potential shift in the political climate. Although common law prosecutions for seditious libel were infrequent, the popularly elected colonial assemblies assumed and vigorously exercised the power to punish as contempt any expression of criticism of their members, their laws, or their policies.

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