In 1664 James, Duke of York, granted the territory of New Jersey to Lords John Berkeley and George Carteret. The same year, unaware of the Duke’s action, his appointed governor of the colony, Richard Nicholls, granted the same lands to groups of settlers. The rival claims led to eighty years of squabbling. The proprietors insisted on collecting rents, and the settlers, centered in Elizabeth Town and Newark, refused to pay. Legal battles were fought for decades, complicated by the settlers’ practice of purchasing additional titles from the Indians, which the proprietors did not trouble to do. But most of the settlers’ suits were unsuccessful and the proprietors were then enabled to press large numbers of eviction suits. By the 1740’s the enraged settlers organized a committee to appeal to the King, but to no avail. In September 1745, Samuel Baldwin, holder of an Indian title and long in possession of his land, was arrested and taken to Newark jail. “The People in general,” said a contemporary, “supposing the Design of the Proprietors was to ruin them (which they well knew, should they prosecute and succeed according to their Threats would be the consequence) … went to the Prison opened the Door, took out Baldwin, and returned peaceably.…” This action initiated a decade of riots and jail breaks, few of which were as peaceable as the first. In 1746 the governor called the riots “high treason,” but only rarely did the Assembly furnish him with sufficient aid to keep the peace. In time, however, the riots became less frequent, and by 1754, after a series of accommodations had been made, they ceased entirely.
What follows is an account of a second jail break, January 15, 1746, to free men jailed for initiating the first one. This description was sent by the New Jersey Council to the Duke of Newcastle and the Lords of Trade: “State of the Facts about the Riots from September 19th, 1745, to December 8th, 1746,” printed in the Archives of the State of New Jersey, First Series, VI, 401–4. See Gary S. Horowitz: “The New Jersey Land Riots, 1745–1755,” unpublished doctoral dissertation, Ohio State University, 1966; and Donald L. Kemmerer: Path to Freedom: The Struggle for Self-Government in Colonial New Jersey, 1703–1776 (1968).
1745. January 15th. The Sheriff of Essex by virtue of the said warrant … arrested Robert Young, Thomas Sarjeant & Nehemiah Baldwin three of the persons named in the record aforesaid, and then proposed to them to enter into recognizance, as the said warrants and writts required;—the said Young & Baldwin pretended they had no friends in town to do it [i.e., post bail], but would send to their friends to come to do it with them;—Serjeant had a brother in Newark Town, who offered to be his surety, but Serjeant absolutely refused to enter into any recognizance; wherefore the said Sheriff committed them to Newark Gaol and he being, as well Collonel of the Militia, as Sheriff of the said County, ordered two of the officers, of each of the two company’s of foot, belonging to Newark, to raise fifteen men each, to guard the prison that night, which, with a great deal of trouble, was, at last done,—And the Sheriff watched with them, himself, all that night.
1745. January 16th in the morning sundry of the guard, who watched, wanted to be discharged, but the Sheriff refused to discharge them till other men were got to relieve them, & sent the officers of the guard to bring others, but they could get none; wherefore the same persons continued on guard.
About ten in the morning of the 16th the said Sheriff ordered several persons present to assist him, in carrying Baldwin, one of the prisoners before a Judge of the Supream Court, as by the said warrant he was directed, most of them made frivolous pretences, as that they had no horses, and could not go, and perceiving their coolness to assist him, he with all he could get, which were only Major Johnson, Isaac Lyon, Daniel Harrison, and two or three more proceeded with the said Baldwin, but before he had gone two miles, they were assaulted by a great number of persons, with clubbs and other weapons, who, in a most violent manner, rescued, and carryed away, the prisoner, tho they had been beat off for near a mile distance, after the beginning of the assault.
The Sheriff and his assistants then returned to the gaol, to secure the other two persons there, and had, then, for that purpose two captains, three lieutenants, five justices of the peace, two constables, and about twenty six soldiers, well armed; but by two of the clock in the afternoon, the people gathered together in town, to the number of about two hundred, every one having a clubb, where upon two justices at the Sheriff’s request, went to them, and asked the meaning of their meeting, together in such a manner, they answered they wanted the other two prisoners. The Justices used persuasions with them to disperse, but to no effect, wherefore, the said justices commanded silence, and one of them read the King’s Proclamation appointed by the first of King George against riots, & acquainted the people with the bad consequences of such proceedings, but they paid no regard either to the Proclamation or to what was said to them.
Two of the new captains of the Newark Companies by the Sheriffs order went with their drumms, to the people, so met, and required all persons there, belonging to their companies, to follow the drums, and to defend the prison, but none followed, tho’ many were there, upon which one Amos Robards of Newark, mounted his horse, and in words to this or the like effect, hollowed out, Those who are upon my List, follow me; which all, or the greatest part, did, their number then was esteemed to be about three hundred.
The said Robards and several others came from the multitude so met, to the Sheriff on guard at the gaol, and said they came to know upon what terms he would let the prisoners out. Who answered, on their giving surety for their appearance at the next Supream Court, and not otherwise and would send to Mr. Justice Bonnell, Second Judge of the Supream Court, to come and take the security, if they desired it.
Whereupon, they returned to the multitude, who, between four and five of the clock in the afternoon, lighted off their horses, and came up towards the gaol, huzzaing and swinging their clubbs.
The officers ordered the guard to face them, and when they came within ten yards, the soldiers were ordered to present and cock their firelocks, which were charged with powder & ball.
The multitude drove on, till they came within reach of the guard, & struck them with their clubbs, and the guard (having no orders to fire) returned the blows with their guns, and some were wounded on both sides, but none killed.—The multitude broke the ranks of the soldiers, and pressed on to the prison door, where the Sheriff stood with a drawn sword, and kept them off, till they gave him several blows, and forced him out from thence. They then, with axes and other instruments, broke open the prison door, and took out the two prisoners. As also one other prisoner, that was confined for debt, and went away; the rioters said that, if they had staid till the next day, they should have had three or four times that number, to their assistance.