Counterfeiting in Morris County, New Jersey A Historical Perspective of John Pipes Sr. Robert J. Pipes The Pipes Family Home Page Updated March 2018 he counterfeiting story in colonial America has been told in various places. The subject appears in several local history books and at least one book has been published devoted entirely to the subject. TMuch of the counterfeiting activity was reported in the New York, New Jersey and Pennsylvania col- onies from 1730 to 1770, although it occurred in almost all of the colonies at one time or another before the revolution. Most of the written accounts focus on the general political situation at the time and the feeble attempts of the colonial government to control or stop the perpetrators. Counterfeiting was a rampant crim- inal activity during those years, so what were the motives of the people involved? We try to explain why any- thing as serious as this was allowed to continue and why men of high regard in the community were involved. In general, the King’s government and the men who held positions of authority in the colonies for the King regarded counterfeiting as a serious crime and the penalty proscribed in the law was death. Howev- er, there seems to have been no match between the law and the punishments meted out. The colonists themselves seem to have regarded the crime as less than serious, which may not seem so strange when you consider the times. The people appointed to manage the justice system seem to have been very sensitive to taking actions that might further antagonize the citizens to even higher levels of dislike for the King’s rule. Most citizens at that time conducted their business with others using the barter system, as the goods and ex- cess produce they were able to secure from their farms were their only source of income. Working for pay was not the usual way of providing income. In addition, the King’s government prohibited the colonies from pro- ducing their own money at a time when the English currency in circulation in the colonies was in very short supply. This supply problem led to the eventual wide spread use of coins supplied by the Spanish government and produced in South America, which came to be know as “Pieces of Eight” or “Spanish Dollars”. The early issues of the coins used in the colonies were of generally poor quality and were manufactured in a manner which was easy to reproduce for anyone familiar with metal working. It required a metal slug or molten metal, a hand made die or mold, a hammer and a little larceny in the heart. The persons making the phony coins were sometimes referred to as “Coiners” or “Coyners” in the Olde English spelling observed on the court records. All of these circumstances led many colonists to view the money as “not worth much anyway”, “not reliable” and with much disregard. To make matters worse, many colonies started producing their own paper script which supposedly represented the metal coins used as backing or collateral, similar to our early use of “greenbacks” backed by gold and silver. These paper scripts were often not honored outside of the colony which produced them, nor even honored by every person or place of business in that same colony, leading to their lack of por- tability and exchange and to a general lack of regard for them. Another factor was the general lack of attention to fiscal matters by the government appointees, who often looked to England for direction and when it was not forthcoming, they elected to do nothing. Combining this lack of action with the general attitude of rancor between the appointed governors and the local elected assemblies and you end up with a situation that seemed to foster the lack of regard for local authority. The scripts also added a new twist because more people could acquire paper, ink and the plates needed to facilitate printing and copying and it didn’t even require the ability to read or write. The crime of counterfeiting was usually committed by two different levels of society. The most skillful and persistent perpetrators were small “gangs” of men who moved about and had only a limited ability to produce copies of the paper scripts but a persistence which made it profitable enough to take the risks involved. They seemed to be the type of men who typically committed petty crimes and misdemeanors and were usually in and out of the clutches of the local sheriffs and constables for one thing or another 1 anyway. They probably regarded this crime as another “easy mark”. They moved about and were very flu- id and crafty in there ability to recruit locals to get involved and would strike quickly and then move on. The second group of perpetrators are harder to understand as they were typically the type of men who were arrested with our John Pipes Sr. These were men of some substance; family men, landown- ers, church members and small business owners, all of them upstanding members of the community. Some writers and family historians have tried to write this activity off as somehow being sim- ply rebellion against the King and activity that typically led to the rebellion. I personally think that there were other factors involved and we will investigate those factors further on in the article. Whatever the motives were, it is for certain that John Pipes Sr., Abraham Hathaway, Job Allen and sev- eral others were involved in counterfeiting in the mid to late 1740’s. They were discovered, indicted and arrested in 1748. The sheriff at the time, a man named Caleb Fairchild, allowed them to escape, perhaps with a “wink”. They were later tried before a King’s Court, given somewhat lenient sentences and released. They were later indicted again and made to appear for the escape from jail and made to post bonds and forfeit small fines. These second indictments and court appearances were held as late as 1752 and were apparently driven by Judge Robert Hunter Morris who had vowed to bring a halt to the counterfeiting. From “Colonial and Revolutionary Morris County” by Dr. Theodore Thayer Published by: The Morris County Heritage Commission - 1975 Printed by: Compton Press Inc., Morristown, New Jersey “When counterfeiting was rampant in Morris County, it was difficult to convict the perpetrators. Many of the counterfeiters were popular young men with many influential relatives and friends. Furthermore, many of the in- habitants did not look upon the crime as inimical to their interests; rather, they viewed the actions of the counter- feiters as clever and smart. In fact, to perhaps the great majority, the counterfeiters were popular heroes. They did not perceive the great harm which this form of lawbreaking could cause to a community. As early as 1744 there were several indictments against counterfeiters for altering paper money, but no arrests appear to have been made. Then in 1747, a whole ring of counterfeiters and passers of counterfeit bills were arrested and jailed. The number and good station in life of most of the men reveal the prevailing disposition toward counterfeiting. The names of the arrested were: Timothy Conner, Seth Hall, Jonathan Hathaway, John Pipes, Job Allen, Andrew Morrison, Abraham Southerd, Samuel Blackford, Sylvanus Totten, and David Brant, all of Morristown. In addition there were Abraham Hathaway, Jacobus Vanetta, John McNeal, Joshua Robins, Abraham Anderson, Robert Livingston, Court Timery, and Isaac Woortman. Through the laxity of Sheriff Caleb Fairchild, all the prisoners broke jail and escaped to the homes of friends and relatives. Governor Jonathan Belcher and his Council agreed that counterfeit- ers could not be convicted in Morris County and proposed that henceforth they be removed from the county for tri- al. The Assembly, however, disagreed, and the proposal was dropped. Chief Justice Robert Hunter Morris wanted Sheriff Fairchild prosecuted for allowing the prisoners to escape but no action was taken. It was not until the Court of Oyer and Terminer was established in Morris County in 1750, with Chief Justice Nevill presiding, that some of the counterfeiters were again arrested and brought to trial. David Brant was found guilty, fined £25, jailed for three months, and put on good behavior for seven years. Ebenezer David was fined £5, ordered to stand in the pillory one hour, jailed for six months, and put on good behavior for nine years. Jeremiah Wright received a fine of £10 for assisting the counterfeiters and was put on good behavior for seven years. Finally, Peter Salter was fined twenty shillings and put on good behavior for two years for counterfeiting pieces of eight. These sentences were light; after all, the law prescribed the death penalty for counterfeiters. It was not until 1752 that the county had another session of the Oyer and Terminer Court. This time nine persons were charged with assisting counterfeiters. The culprits, almost all of whom had been indicted in 1747, were Abraham Hathaway, Jonathan Hathaway, Job Allen, Andrew Morrison, John Pipes, Timothy Comer, Sylvanus Totten, Seth Hall, and Samuel Blackford. The Court, perhaps for lack of evidence, decided not to try the men at the time. They were all released in their own recognizance and ordered to appear at the next court. When it met again in September 1753, the men simply were given small fines on charges of misdemeanor and dismissed. Although the punishments handed down by the Court in 1750 and 1753 were light, the actions of the Court were such that counterfeiting did not again appear in Morris County for nearly twenty years.” 2 Although the record above did not mention the punishment handed down to our John Pipes, the sentence was recorded in the minutes of the courts.