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Illustrated Episode · Volume I, chapter 54 · 1 May 1680

Justice at the plow

A farmer in a plain broad hat stands at his plow behind halted oxen, one hand raised, between two neighbors who face him in a stump-dotted spring field beside a plank farmhouse.
West New Jersey, 1680. A quarrel has walked out to the field where Thomas Olive is plowing, so he halts the oxen, hears both neighbors out, and settles the matter in the furrow with no court in sight. Rothbard calls this Jersey justice, voluntary and peaceful and fast, and in that whole year the colony saw only two or three court actions. Chapter 54 of Conceived in Liberty.

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Adapted from Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011), CC BY 3.0.

What happened

Thomas Olive came to West Jersey from Wellingborough in England as one of the Quaker proprietors, sat as a justice of the provincial court at Burlington, and later served as Speaker of the Assembly and deputy governor. He was also a working farmer, and that is where his neighbors found him. The historian John Pomfret writes that Olive settled disputes in and out of court, sometimes in the field with his hands on the plow, and that the habit gave rise to the term Jersey justice. Nobody had to file a suit or wait for a court day. Two people with a quarrel walked out to the furrow, a man whose judgment they all respected heard them out, and they went home settled. Rothbard calls it a "simple, direct, peaceful, rapid, highly efficient, and purely voluntary method of settling disputes" (CiL, p. 389), and he points to the result: in the whole of 1680 there were only two or three court actions in the entire colony. Late in 1681 the Assembly elected Olive its Speaker. A frontier colony with almost no courts, no lawyers and no standing government did not fall into feuds. Its people settled their own quarrels by agreement, and the courts sat nearly idle because nobody needed them.

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Auburn, Ala.: Mises Institute, 2011 single-volume ed.), vol. I, ch. 54, pp. 387-391. CC BY 3.0. Rothbard
  2. John E. Pomfret, 'The Proprietors of the Province of West New Jersey, 1674-1702', Pennsylvania Magazine of History and Biography, April issue (the scan read carries no year), pp. 114-146; Olive and 'Jersey justice' on p. 126. Secondary source
  3. George Scot, The Model of the Government of the Province of East-New-Jersey in America (Edinburgh, 1685), pp. 168, 225-226, 255-256 (letters of Scottish settlers: cloven-plank farmhouses, wigwam, palisades and shingles, plowing with four to six oxen), read in Whitehead, East Jersey under the Proprietary Governments (Newark, 1875), appendix. Primary source
  4. Amelia Mott Gummere, The Quaker: A Study in Costume (Philadelphia: Ferris and Leach, 1901), pp. 6-7, 59-60. Secondary source
  5. '1650-1700 in Western European fashion', Wikipedia (accessed 2026-09-29): coat and waistcoat replacing the doublet by the 1670s. Secondary source