The Liberty Archive FREECAPITALISTS.ORG

Illustrated Episode · Volume II, chapter 9 · January 1746

Fire and you die

A lean farmer with one arm flung out leads a packed crowd with raised clubs across a frozen street toward a double rank of militia holding muskets upright before a plain jail, on a cold bright winter morning.
Newark, January 1746. Thirty militiamen stand before the county jail while three hundred settlers with clubs, led by Amos Roberts, threaten to kill every one of them if they fire, and not a musket goes off. The crowd breaks in and frees the prisoners. Rothbard treats it as a genuine rebellion against the proprietors' feudal claims, and by 1752 the proprietors gave up. Chapter 9 of Conceived in Liberty.

Download the painting, full size (JPEG)CC BY 4.0

Free to reuse under CC BY 4.0: credit freecapitalists.org. How to credit.

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

What happened

New Jersey's land war began because dozens of owners claimed the same ground. The East Jersey proprietors, led by Lewis Morris, who became governor in 1738, tried to collect quitrents and to throw settlers off land they had bought from the Indians. In 1745 they filed a Chancery suit against the Elizabethtown settlers, with Morris's own court to hear it. Then Samuel Baldwin was arrested for cutting timber on land he held as his own, and a crowd broke open the Newark jail and freed him. The next winter Nehemiah Baldwin was taken, and again a club-carrying crowd took him back. Then three hundred settlers appeared at the Newark jail, where thirty armed militia stood in their way. They told the militia they would kill every man if fired on, and the militia did not fire. The crowd broke in and freed the prisoners. Amos Roberts, who headed the January break-in, went on to lead the rebellion. Rothbard calls it a popular revolution, and says a government relying on its own resources cannot put one down. In 1752 the proprietors dropped the suit, and the feudal overlordship they had tried to impose in New Jersey collapsed.

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Auburn, Ala.: Mises Institute, 2011 single-volume ed.), vol. II, ch. 9, pp. 545-550. CC BY 3.0. Rothbard
  2. 'Dates in Newark History 1700-1799', Old Newark (accessed 2026-09-30): 19 September 1745, a band of rioters released Nehemiah Baldwin from Newark jail; 16 January 1746, a band headed by Amos Roberts released Baldwin from the Sheriff of Essex and broke open the jail, freeing Robert Young and Thomas Sarjeant. Secondary source
  3. 'The Horseneck Riots Revisited', 07004 History (Fairfield and Caldwell area historical society blog; accessed 2026-09-30): Timothy Meeker led the mob that broke open the Broad Street jailhouse to free Samuel Baldwin; 300 liberators armed with clubs, cudgels and a few blunderbusses; the jail near the courthouse. Secondary source