New Jersey Legislature Voids Monmouth County Election

As discussed in prior articles, David Forman was the most powerful man in Monmouth County in 1777—its senior militia officer and Colonel of the locally-stationed Continental Army regiment.  With no functioning local government to check him, Forman’s actions became increasingly reckless. Due to his zeal in serving the Revolutionary cause, other leaders sought to look past his transgressions. Of the many controversies surrounding Forman in 1777, it was his intervention in Monmouth County’s 1777 annual election that finally forced a check on his conduct.

Under New Jersey’s Constitution, county elections were held annually to select delegates to New Jersey’s legislature and certain county offices, including sheriff. Elections were held at the county seat (Freehold) and votes were cast in public—so the votes of an individual were known to all present. Elections were overseen by three election judges who advertised the election, qualified voters, recorded votes, and tallied vote totals.

While Monmouth County did not have political parties, there was a political split among its Revolutionary leaders. One group of leaders placed laws and individual rights above the need to prosecute the war. The other group believed that the war was such an existential threat that true patriots had to take any steps they deemed necessary to prosecute the war. Over time, this split would harden into competing factions of “Due Process” and “Machiavellian” leaders. Most Due Process leaders were from vulnerable shore areas, while most Machiavellian leaders were from Freehold and other relatively safe inland areas. The election judges at the October 14 election were Samuel Forman, Samuel Forman Jr., and Thomas Henderson—each of whom lived inland in Freehold and Upper Freehold townships.

The Tainted Election of 1777

Based on the counted votes at the county election on October 14, two of Monmouth county’s three incumbent “Due Process” delegates were defeated by two “Machiavellian” candidates from Freehold Township—Kenneth Anderson (also county clerk) and Kenneth Hankinson (also militia captain). One Due Process incumbent, James Mott of Dover Township, was re-elected. But two petitions sent to the legislature alleged that the election was grossly unfair. One of those petitions has survived; in it, three complaints were made:

First, petitioners complained about the closure of the polls. “The [election] judges, altho' demanded by the Sheriff and others that the election should go on” closed the polls before some voters could reach Freehold. Sheriff Asher Holmes and others asked the polls not “be adjourned until the next day” but second day voting was not permitted. This favored Machiavellian candidates because voters living on the vulnerable shorelines needed more time to travel to Freehold.

Second, the petitioners accused David Forman and Dr. Thomas Henderson (an election judge) of cajoling voters and issuing threats during the voting. This was not allowed once voting commenced:

General Forman, assisted by Lt Col Henderson harangued the people on the conduct of the late Assemblymen & candidates for the present Assembly, charging them with throwing cold water on every spirited measure & saying the people's liberties depended on their conduct that day... and made a partial representation from the votes of the late Assembly, and threatening to cram the votes down the throat of one of the late members, then a candidate for the present one and confine him with his guards, with many other threats.

Third, the petitioners accused the election judges of permitting illegal voting: “a security [evidence of voter eligibility] was also demanded but refused, altho' several voted that was not entitled to vote by law.” The petitioners concluded, “therefore we conceive the election illegal, unjust & unconstitutional and even dangerous to the liberties of a free people."

New Jersey Legislature Voids Election

On November 4, the new session of the New Jersey Assembly convened and the elected Monmouth delegates—Anderson, Hankinson, and Mott—were seated. According to the minutes of the Assembly, the first item of business was considering two petitions from Monmouth County "complaining of undue and illegal proceedings at the election of representatives for the County." Summons were sent out to the petitioners, election judges, and David Forman. Forman had recently fought at the Battle of Germantown and was currently raising troops for the defense of Red Bank on the Delaware River. He declined the summons.

He wrote George Washington about his decision:

Two petitions ware handed into the Assembly most unjustly charging me and sundry other Gent. with undue practices on the Day of Election & praying the Election to be set Aside—The Petition was read in the House and a Hearing ordered on Tewsday [sic] next and a Notice served on me to Attend. I immediately went to the Assembly, informed them of my then situation and requested the hearing might be deferr’d for a few days until the Militia ware Assembled and put in some order—my request was Denyed [sic].

Forman “found myself hurt as a Gent. by the illiberal charges” and said his duty as an officer would not let him spend so much time away from Red Bank. “I then delivered [my Brigadier General commission] to Mr Speaker and left the House.” Forman said that the Assembly Speaker rejected the return of his commission, but he found someone else who would accept it. Forman then blasted the Legislature for not supporting the war effort:

I have Long been disgusted with the indolence and want of attention to military matters in the Legislature of this State. I was determined to spin out this Campaign in my Slavery until I found a set of Men plotting by the most unfair means to stain my reputation.

Forman’s resignation saddened George Washington, who wrote: “General Forman has, to my great concern, and contrary to my warmest solicitations, resigned his commission upon some misunderstanding with the Assembly."

Yet, Forman’s resignation did not deter the New Jersey Assembly. It re-read the petitions on November 11 and heard testimony from witnesses on November 12. Other scandals related to Forman including the banishing of Loyalist women and extra-legal hanging of Stephen Edwards were likely discussed. On November 13, the New Jersey Assembly voted by a 13-12 margin to void the Monmouth County elections.

This action drew a protest from the Monmouth County election judges. They claimed the Assembly’s majority “refused to point out to us or inform us in any degree (although requested of the House) we had violated the law, or whereupon the conduct of the officers acting at said election had been so illegal as to make necessary to set the election aside.” Therefore, judges would not “give any certificates further respecting the said election." This meant that those elected to county office on October 14 (including the new sheriff) would not have their election certified.

The refusal to certify the election of county officeholders sparked another Monmouth County petition against the election judges: "The Judges at the late annual election refuse to give the Sheriff [newly-elected Nicholas Van Brunt of Shrewsbury Township] a certificate of his election, whereby they are deprived of a Sheriff for the said County, and praying a law for Commissioning said Sheriff."

On November 21, the Upper House of the Legislature, the Legislative Council, unanimously concurred with the Assembly’s vote and ordered newly-elected Sheriff Van Brunt to advertise the new election. On November 28, the legislature passed "An Act to procure a Return of the Election of a Sheriff of the County of Monmouth” which affirmed the election of Sheriff Van Brunt and empowered him to supervise the new election that would be held to rectify the tainted October 14 election.

This appears to be the first time that the New Jersey legislature had investigated, much less overturned, a county election. The Monmouth County delegates were sent home and new elections were held in December. In the new election, three Due Process leaders, Mott, Peter Schenck (Middletown Township), and Hendrick Smock (Freehold Township but Middletown family) were elected.

No doubt, unfortunate timing and recent events impacted what happened at Freehold on October 14. The British had captured the nation’s capital three weeks earlier and David Forman had rallied hundreds of Monmouth Countians to support Washington’s Army; at the Battle of Germantown on October 4, Monmouth Countians had at least one killed and others wounded. Forman’s men returned home defeated and were exasperated by news of punishing Loyalist raids into Monmouth County near Shrewsbury. Forman had also just convened a tribunal and issued a death sentence on Stephen Edwards, who would be hanged at Freehold on October 15, the day after the election.

These events came to a head at Freehold on October 14. Anger over recent events combined with the ample levels of liquor, gossip, and simmering grudges that day. The result was a combustible atmosphere that tempted leaders into actions that were illegal and undemocratic.

Related Historic Site: Monmouth County Historical Association

Sources: Petition, Monmouth County Historical Association, Cherry Hall Papers, Photocopy; The Library Company, New Jersey Votes of the Assembly, November 4-12, 1777, p 5-17; The Papers of George Washington, Revolutionary War Series, vol. 12, 26 October 1777 – 25 December 1777, ed. Frank E. Grizzard, Jr. and David R. Hoth. Charlottesville: University Press of Virginia, 2002, pp. 151–154; Carl Prince, Papers of William Livingston (New Brunswick: Rutgers University Press, 1987) vol. 2, p 108; Personal Correspondence: David J. Fowler, Letter: Samuel Forman, Samuel Forman Jr. and Thomas Henderson to New Jersey Assembly, no date; The Library Company, New Jersey Votes of the Assembly, November 26-27, 1777, p 28, 30; Missing or Alienated Records of the State of New Jersey, http://www.nj.gov/state/archives/missinglaws13.html; and The Acts of the Council and General Assembly of the State of New Jersey (Isaac Collins: Trenton, 1784) p33; Journals of the Legislative Council of New Jersey (Isaac Collins: State of New Jersey, 1777) p15.