The Retaliators Outlast the War

Founded in the summer of 1780, the Association for Retaliation, was established to exact eye-for-an-eye revenge against Loyalist enemies of the Monmouth County Whigs who joined the association. Over the next two years, the Retaliators would become an active vigilante society denounced by the New Jersey Legislature as:

An illegal and dangerous combination, utterly subversive to the law, highly dangerous to the government, immediately tending to create disunion among the inhabitants, directly leading toward anarchy and confusion, and tending to the dissolution of the constitution.

However, while the legislature clearly stated its distaste for the Retaliators, it stopped short of forcing a confrontation with the group by declaring it illegal.

The Retaliators in 1782

The Retaliators entered 1782 unbowed. Their original chairman and most strident leader, David Forman, was now a judge of the Monmouth County Court of Common Pleas. He stepped down as Chairman of the Retaliators but, according to a subsequent deposition, Forman handpicked his successors at a February meeting of the Retaliators held at the county courthouse:

Genl. Forman rose and address’d the people and said he had gone through a great many hardships and dangers, but now he would go through no more; and all that was said to the people was said by Forman whilst he was by, and received over a list of persons in nomination for Retaliators that Judge Forman recommended to the people to choose sd. Committee.

The new Chairman, Kenneth Hankinson, had co-invested with Forman on a salt works at Barnegat that became the center of scandal. Hankinson was also at the center of scandalous Loyalist estate auctions in 1779. In January 1782, Hankinson advertised a public meeting of the Retaliators to occur at the county court house on February 16, 1782 to select a new committee to lead the group:

Every associator is expected to attend without fail, as the Committee wishes to know the Associators; Should any of the inhabitants who are not yet associators choose to join, we wish their attendance to sign the Association, and have their names accepted.

The outrage in Monmouth County following the April 12 hanging of Joshua Huddy by Loyalists likely spiked a wave of vigilante activity from the Retaliators. This led a series of complaints about them to the New Jersey Legislature. On May 25, the New Jersey Assembly recorded reading “several petitions from sd County setting forth the destruction and ravages committed on the property of persons there, by a set of men who call themselves Retaliators, with several papers respecting the same." The Assembly was unmoved, voting 23-8 on May 31 to send the anti-Retaliator petitioners to the courts for redress.

There is no record of Retaliator activity through the spring and summer of 1782. Throughout their existence, they were secretive about their acts. But they remained active.

The New Jersey Legislature Considers David Forman and the Retaliators Again

On September 12, Guy Carleton, the British Commander in Chief in America, wrote George Washington about continued “cruelties in the Jersies.” This was likely a reference to the acts of Retaliators. Carleton wrote about a “suspension of hostilities” that he thought “sufficient to have prevented those cruelties in the Jersies which I have had occasion to mention more than once.” He had drydocked Loyalist raiders and he called on Washington for a “mutual agreement” to restrain extralegal violence. Carleton called for a truce: “I disapprove of all hostilities, both by land and sea, as they only tend to multiply the miseries of individuals, when the public can reap no advantage by success."

The same month, the New Jersey Legislature received another set of petitions complaining of the Retaliators. The upper house of the legislature, the Legislative Council, recorded on September 23, receiving a petition from Monmouth County residents "setting forth that they have been very much injured by order of a body of men who style themselves Associators for Retaliation." It does not appear that the Council acted on the petition. Two days later, the Assembly recorded reading "sundry petitions from a number of inhabitants of the County of Monmouth, complaining of the conduct of David Forman, first Judge of the Court of Common Pleas of the County of Monmouth, accompanied by an affidavit and two impressment warrants, and praying a hearing."

One of these anti-Forman, anti-Retaliator petitions has survived. It is excerpted below:

Your petitioners are peaceable inhabitants of this state, who have always contributed their proportion to the support of government, and are, at all times amenable to the laws. that your petitioners have been in a wanton & cruel manner, spoiled of their property by order of a body of men, who title themselves "the association for retaliation" - our doors have been forced open, our houses rifled of our beds & other furniture - our stock drove away, and our teams totally broke up. - we have been deprived of the means of tilling our land - and many of us, who lived in a degree of affluence, now find it difficult to procure sustenance for our families.

The petitioners claimed the Retaliators corrupted “good government” and deprived them of legal due process:

We have no form of tryal - if any crimes are laid to our charge, we have no chance of defending ourselves, nor any account of how our property, thus torn away, is disposed of. Tho’ diverse of us have been imprisoned, and one [John Taylor] for months, confined in the common gaol, in the course of which time a court of Oyer & Terminer was sitting over his head. Writs of habeas corpus have been disregarded by the Sheriff. In short, every attempt for relief by course of law has been of no effect, owing, as we firmly believe, to the prevailing influence of said association. that the first judge of the court of common pleas, David Forman, esq., has been at the head of the said association.

The petitions were referred to the next session. The Assembly reconvened and considered Forman and the Retaliators again on October 29. It re-read "the petitions from Monmouth, complaining of the conduct of David Forman, Esq., of said county, in his official character… ordered, that the petitioners be heard with their evidences before the House." The hearings were held November 18-20:

That Forman, first Judge of the Court of Common Pleas has been at the head of the Association for Retaliation, Chairman of their committee, and has signed orders whereby some of the petitioners have been plundered of their property and their person imprisoned; that he still continues as an aider and encourager of the said Associators; and also that he has in several instances granted impress warrants contrary to law.

The transcript of Forman’s hearing before the Assembly has survived. Eighteen Monmouth Countians testified. Deponents focused on two allegations against Forman: 1.) That he was “partial” in his role of settling the accounts of a wealthy farmer, Joshua Anderson, whose horse Forman ordered taken; 2.) That Forman, while judge, acted with the Retaliators to extra-legally seize and sell the horses of disaffected county residents, with particular impunity shown toward William Taylor. Four other men who lost horses testified. Hugh Newell recalled appealing to Forman who told him that if he “would come and pay the money he gave for the mare, he should have it.” Taylor lost three horses, he testified that:

He applied to said Forman for the creatures & said he would give security for the money, but said Forman said the creatures should not go out of the yard without the creatures being paid for. He [Taylor] said all he wanted was a fair hearing.

William Morton testified that Forman accused him of being among “a parcel of traders and wished they were hanging so high that the birds could not smell them.” Morton was permitted to take back his livestock by “giving a bond of fifty five pounds for them” but Forman “blamed the Committee” for its leniency. A fourth man, Garrett Schenck, from a solid Whig family, testified that “Forman ordered a horse pressed” from him, but the horse was returned. Others testified that Forman was active in selling the seized horses at a public auction in Freehold.

However, several witnesses testified that Forman was a strong patriot and William Taylor, in particular, was of “bad character.” James Mott, who had been assaulted by Forman at the 1780 county election and was an opponent of the Retaliators, declined to testify against Forman. Mott stated that “he knows nothing against Judge Forman” and called Taylor “a disaffected person” (which was true). Other witnesses stated that Forman, whatever his outside conduct, had never “withheld justice” or “done injustice” while serving on the bench. The unnamed compiler of the hearing transcript concluded that “I have heard no evidence to convince me that things are sufficient to ground an impeachment.”

On November 21, the Assembly concluded: "having taken into consideration the testimony so offered to support the several charges contained in the affidavits and petitions of Joshua Anderson against David Forman" votes were taken regarding Forman and his conduct:

1. Affirming Anderson's petition and the charges against Forman – vote passed "nem. con." (without dissent);

2. On whether to censure Forman for "diverse orders whereby sundry persons have been plundered of their property, and their persons imprisoned, and he still continues an aider and encourager of said Retaliators" -- vote passed 16-13 despite all three Monmouth delegates (Thomas Henderson, Thomas Seabrook, John Covenhoven voting against the censure);

3. On whether to impeach Forman and remove him from the Bench – vote fails 12-17 (all three Monmouth delegates voting against the impeachment). One source claims that an initial vote to impeach and remove Forman passed by a 18-15 but this vote was reversed after Governor William Livingston and some members of the Council came into the Assembly to argue in favor of Forman.

At the end of 1782, David Forman had narrowly survived an impeachment hearing and the Retaliators, with whom he was allied, remained intact. The Retaliators’ chairman, Kenneth Hankinson, felt secure enough to advertise the selection of their new board of directors in the New Jersey Gazette, the state’s official newspaper, twice in March 1783:

Whereas the time of the Committee of Associators for Retaliation of the County of Monmouth expires, and it being necessary for a new Board to be chosen as there remains some business unsettled: The Associators are requested to meet at the Court House on March 15 to determine on said business and to be prepared for future depredations.

Warfare Ends, But the Retaliators Continue

By summer 1783, warfare in Monmouth County was finally over. John Bacon, the last active Pine Robber leader, was dead and the other Pine Robbers were scattered. Loyalist refugees, who raided the county with impunity, were disarmed and leaving for Canada. In July 1783, Monmouth County was at peace for the first time in seven years.

Forman and the Retaliators, however, remained hostile. On July 11, 1783, Lieutenant John White of the sloop-of-war Vixen, the British guardship at Sandy Hook, took the unusual step of writing directly to David Forman:

Yesterday morning, at eleven o'clock, I sent three men in a small boat for a cask of water, near the watering place, near Mr. Stout's at the Highlands; on their arrival they were made prisoners by a party of armed men, one of the men has been liberated and is since on board, who informs me that he has been beat most unmercifully, indeed his bruises are sufficiently conspicuous; what has become of the other two I cannot learn, I have therefore taken the liberty of acquainting you with the matter.

White then flattered and threatened Forman concurrently:

I am confident you would never give sanction to such an affair, and in the fullest hope that you will take the proper methods to bring the offenders to punishment, and to prevent the retaliating that might be the consequence of such unwarrantable proceedings.

Meanwhile, animosities within the county’s Whig leadership continued. Asher Holmes, a political rival of Forman and Hankinson, had invested with them in a salt works on the Jersey shore early in the war. Now, he and Hankinson argued over a business relationship gone bad. Holmes heatedly wrote:

I have never had title or anything to show for my share of the salt works built on the plantation formerly of [Trevor] Newland, nor could obtain salt sufficient to salt my porage, except what I paid a dear rate for, and you and company have had the total use of said works. I now demand interest of my money, or rent for a share, with a proper acct of how my money was laid out; if not, pay me my money with interest due thereon, as I have undoubted right.

We do not know exactly when the extralegal violence and scandals of the Retaliators finally ceased. As discussed in another article, isolated instances of violence against Loyalists and disaffected continued into the post-war period. So did the animosities between Machiavellian and Due Process Whigs. These activities would go on at least into fall 1785 when violence and voter intimidation again rocked the county’s annual election (as it had in 1777, 1780, and 1781).

Related Historic Site: Nassau Hall

Sources: Guy Carleton to George Washington, G. Robinson, The New Annual Register, or General Repository of History, Politics and Literature, London, 1782, p160-1; Journals of the Legislative Council of New Jersey (Isaac Collins: State of New Jersey, 1782) p29; Library Company, New Jersey Votes of the Assembly, September 25, 1782; The petition complaining about David Forman is in Leonard Lundin, Cockpit of the Revolution the War for Independence in New Jersey (Princeton: Princeton University Press, 1950) p 292; Petition, New Jersey State Archives, Collective Series, Revolutionary War documents, #32; The Library Company, New Jersey Votes of the Assembly, October 29, 1782, p 13; Library Company, New Jersey Votes of the Assembly, November 19 and 21, 1782; New Jersey Assembly Hearing Transcript, Rutgers University Special Collections, Uncataloged Manuscript, David Forman; Library of Congress, Early American Newspaper, New Jersey Gazette, reel 1930; New Jersey Gazette, March 12, 1783; New Jersey Gazette, April 16, 1783; John White to David Forman, David Library of the American Revolution, Great Britain Public Records Office, British Headquarters Papers, #8405; Asher Holmes to Kenneth Hankinson, John Stillwell, Historical and Genealogical Miscellany, 4 vols, Genealogical Publishing Co, 1970, v3, p341.