USA > Rhode Island > A history of the destruction of His Britannic Majesty's schooner Gaspee, in Narragansett Bay, on the 10th June, 1772 > Part 11
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He soon after, when the lieutenant was on deek, heard several people ask him whether he would make amends for the rum which he had seized out of the sloon : and if he would, they would return him the schooner; one of which people, was named Greene, whom he saw in the cabin of the Gaspee, the day after they hadl seized a sloop, of which he appeared to be the owner, and out of which, he took some rakes.
This deponent saith, that the said Greene is a tall, slender man ; wearing his own hair, of a brown eolor.
This deponent further saith, that after they had taken possession of the Gaspee, the hands belonging to the Gaspee, were put into a boat, and rowed ashore at a place about a mile distant, between 3 and 4 o'clock. in the morning. and that he saw the schooner on fire when they were about half way to the shore, and the fire began . upon the quarter deek. And further this deponent saith not. his PETER X MAY. mark.
Sworn to, at Newport, on the 19th day of January, A. D. 1773, at the council chamber, Newport, before-
J. WANTON. FRED. SMYTHE,
DAN. HORSMANDEN, PETER OLIVER,
ROBT. AUCHMUTY,
Robert Masters, who was also summoned, appeared, and upon examination on oath, there appearing nothing material in his testimony, he was discharged, without making any depo- sition.
The commissioners received a letter from Admiral Montagu, which was read, and ordered to be filed.
An answer was immediately ordered ; which was accord- ingly written in the following words, and delivered to the ad- miral, by -.
Admiral Montagu to the Commissioners, &c.
Newport, 19th January, 1773.
Gentlemen :- As an opportunity offers, for sending to England, I am willing to embrace it, to inform my lords commisioners of the admiralty of my arrival and pro- ceedings at this place.
As you were pleased to signify to me your intention of writing upon the subject
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of adjourning your court, I shall be glad to receive it as soon as possible, that I may close my public letters, as I propose leaving this place to-morrow morning.
I am, with respect, gentlemen, Your most obedient, and most humble servant,
J. MONTAGU.
To His Majesty's commissioners, &c., at Newport.
The Commissioners, &c., to Admiral Montagu.
Council Chamber, Newport, { January 19th, 1773.
Sir :- In our last conversation with you, you were pleased to inform us that by re- port, Capt. Dudingston had made such declarations at Boston, relative to his recollec- tion of the persons concerned in the destruction of the Gaspee, that his testimony would be very material in our present inquiry ; and from the language of Mr. Dudingston's letter to you, which you laid before us. we must be of the same opinion, as it is our determined resolution to do all in our power faithfully to execute the commission His Majesty has thought fit to honor us with. We must request of you to take such measures as you think proper, to get Capt. Dudingston to America, in order that he may be examined.
In the same conversation, you also informed us, that at this inclement season of the year, it was impossible for you properly to execute your orders relative to the affair we are now met on. and that the other duties of your department must suffer if you did not very soon return to Boston ; and and therefore it was your determi- nation to go thither to-morrow, or next day, if possible.
Your absence from us, you are sensible. as we construe our instructions, and as we yesterday informed you, must make an adjournment of this board necessary. Indeed, without this difficulty, it is highly probable we should soon find ourselves under a necessity of adopting the same measure, for the want of Capt. Dudingston, and from the extreme rigor of the season, which renders it almost impossible to get witnesses who are at any distance from us.
We are, with the greatest respect,
Your most obedient humble servants, J. WANTON, FRED. SMYTHE,
DAN. HORSMANDEN, PETER OLIVER,
ROBT. AUCHMUTY,
Commissioners.
To the Honorable Admiral Montagu, commander in chief of His Majesty's ships, &c., in North America.
P. S. Though the time to which the commissioners will adjourn, is not absolutely fixed, yet it seems to be their opinion, that it must be on or about the 26th of May next ; which, they hope, will be agreeable to you.
THE NEWBERRY LIBRARY CHICAGO
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The commissioners also received another letter from the ad- miral, enclosing the deposition of Aaron Briggs, taken the - day of - , which was ordered to be filed.
[According to the preceding journal of the commissioners, two or three letters, which passed between them and the ad- miral, are wanting, to complete the file of their correspondence. During their session, they examined several witnesses, and held correspondence with several others.]
Arthur Fenner to Governor Wanton, relative to the Gaspee.
Providence, January 19, 1773.
Honorable Sir :- I received a citation, signed by you, and a number of other gen- tlemen, commanding my attendance at the colony house. in Newport, on the 20th day of Jannary instant, to give in evidence to what I know relative to the attacking, taking and plundering His Majesty's schooner, called the Gaspee, &c.
In consequence of which, I now inform you, that I am a man of seventy-four years of age, and very infirm ; and at the time said schooner was taken and plun- dered, I was in my bed, and I knew nothing of it until the next day ; and as for my not attending, as commanded, I must plead my age and infirmity in excuse.
From your most obedient friend and humble servant. ARTHUR FENNER.
To the Honorable Joseph Wanton, Esq.
James Sabin to the Commissioners, &c.
Providence, January 19th, 1173. To the honorable the commissioners appointed to inquire into the circumstances relative to the destroying the schooner Gaspee.
Gentlemen :- I now address you, on account of a summons I received from you, requiring my attendance at the council chamber, in Newport, on Wednesday, 20th instant.
Now, gentlemen, I beg leave to acquaint you, what renders me incapable of at- tending. In the first place, I am an insolvent debtor ; and therefore, my person would be subject to an arrest by some one or other of my creditors; and my health has been on decline these two months past, and it would be dangerous should I leave my house.
And further, were I to attend, I could give no information relative to the assem- bling, arming, training and leading on the people concerned in destroying the schooner Gaspee.
On the 9th day of June last, at night, I was employed at my house, attending company ; who were John Andrew, Esq., judge of the court of vice admiralty, John Cole, Esq., Mr. Hitchcock and George Brown, who supped at my house and stayed
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there until two of the clock, in the morning following; and I have not any know- ledge relative to the matter on which I am summoned ; which I am ready to make oath to, before any justice of the peace.
I am, gentlemen, most respectfully, Your most humble servant, JAMES SABIN. To the Honorable Commissioners.
The commissioners adjourned till to-morrow, at 10 o'clock.
Wednesday, January 20.
The commissioners met, according to adjournment.
Present-Joseph Wanton, Esq., Daniel Horsmanden, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., Robert Auch- muty, Esq.
The commissioners directed copies of the several letters which have passed between them and Admiral Montagu, to be made out, in order to be transmitted to the Earl of Dartmouth.
George Brown, to the Commissioners, ยง.c.
East Greenwich, January 20th, 1773.
May.it please Your Honors :- Late last night, I received a summons from Provi- denee, to appear at the council chamber, in Newport, before Your Honors, there to give evidence of what I know concerning the burning of the schooner Gaspee ; and I should have waited on Your Honors, accordingly ; but, as the court of common pleas was then sitting in the county of Kent, and being concerned in several eases then pending in said court, I could not possibly attend according to summons ; therefore, I hope you will excuse my not attending.
It has long been a eustom for the attorneys, upon the concluding evening of filing pleas to the court, to meet together, to spend the evening.
That night, the said schooner was burnt, happened to be the concluding evening of filing pleas; accordingly, the gentlemen of the bar, together with myself, met at the house of James Sabin, in Providence, that being a public house of enter- tainment.
Some time after, I being there, heard a drum beat; I asked the reason of said drum beating ; I was answered by some one of the company, that there was a num- ber of boys met together, they supposed. to divert themselves.
I knowing it to be no uncommon thing, thought no more about it; and do sol- emnly declare, that I have no knowledge, directly or indirectly, of any plot being
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laid, or person concerned in perpetrating so vile a crime, and shall be ready at all times, when in my power, to appear and answer any question relating to said affair, if required. I am, gentlemen,
Your Honors' most obedient and humble servaut,
G. BROWN.
To the Honorable Commissioners.
John Andrews, to the Commissioners, &c.
Providence, January 20, 1773.
Gentlemen :- I this day received a summons at 12 o'clock, requesting my attend- ance at 11 o'clock, this day, at the court house, in Newport, in order to give evi- dence before Your Honors to that knowledge I have, relating to the burning and destroying His Majesty's schooner, called the Gaspee; and to the assembling, arm- ing, training and leading the people concerned therein.
I should have cheerfully obeyed said summons, had my health permitted ; but I have been confined for a week past, with a swelling in my hand, which hath ren- dered me unable to stir out of doors.
But as soon as I am able, I shall wait upon Your Honors, and inform you of all I know, relating to that matter, which Your Honors will judge just nothing at all to the purpose.
I am, with great regard,
Your Honors' most obedient and most humble servant,
JOHN ANDREWS.
To the Honorable Commissioners.
P. S. I have judged proper to inform Your Honors of all particulars of know- ledge I have, relating to the burning His Majesty's schooner, called the Gaspee, in the Narragansett River.
I was in Providence town the evening before the mischief was done, and in com- pany with a number of gentlemen ; I heard a disturbance in the street, and in- quired into the cause, and was answered that it had been a training day, and they were breaking up their frolic ; and I heard nothing further that evening, relative theretn, but went to bed; and nigh morning, was surprised with the news of the said schooner's being burned and destroyed.
I then waited upon the Deputy Governor immediately ; and he, with me, repaired to the spot, where we found Mr. Dudingston badly wounded, and the said schooner appeared at a distance tu be on fire, and burned down to the water.
And the Deputy Governor inquired of Mr. Dudingston it he had any knowledge of any of the trespassers.
And he made answer, that he should give no account about the matter, before he was brought before the court martial, where he expected his trial ; but was willing that bis people should declare all they knew of the matter ; and were sworn before the Deputy Governor, accordingly.
I - - Mr. Dudingston afterwards, and desired him, if he had any knowledge of any of the persons who did the mischief, he would inform me thereof,
i :
:
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that they may be brought to condign punishment ; but always declined saying any- thing at all.
And this is the substance of the knowledge I have of the matter ; which I am ready to swear to. JOHN ANDREWS.
To the IIonorable Commissioners.
Daniel Hitchcock to the Commissioners, &c.
East Greenwich, January 20. 1773.
May it please Your Honors :- Late last night, I had a citation from Providence, to appear before you, this day, at 11 o'clock, in the forenoon, to give evidence with regard to the burning the schooner Gaspee.
And as I detest all such open violations of the law, should have beeu willing to have waited upon Your Honors, to let you know every thing within the compass of my knowledge relative to that matter, had not my engagements at Keut court, in this place, absolutely forbid my attendance ; and therefore. hope Your Honors will pardon me, on that account : but every thing I know. touching that matter, I am ready to relate.
It has been, may it please Your Honors, a long custom in this colony. for the attor- neys at the concluding of filing of pleas for court, to meet some where together, and spend the evening; that night the schooner was burnt, happened to be the con- cluding evening.
We met at Mr. Sabins's, by ourselves ; and about 8 o'clock. I went to the door, or, finally, kitchen. and saw a number of people in the street. but paid no attention to them, as that place was a place of' publie resort.
Some time after 9 o'clock. I heard a drum beat, and was asked by somebody in the room, what was the occasion of the beating of that drum ; and it was answered by somebody, that it was beat by some boys, which quieted all further inquiry by me; neither did I imagine that anything of that nature was about being perpe- trated, till after it was in fact done.
This, may it please Your Honors. is every thing that I know, or has come to my knowledge, relative to that transaction, and which I am willing, on solemn oath, to state before any of the civil authority in Providence ; to which place, I shall in a day or two, return.
I am Your Honors's most obedient, humble servant,
D. HITCHCOCK. To the Honorable Commissioners.
John Cole to the Commissioners, &.c.
East Greenwich, January 20th, 1773.
May it please Your Honors :- Late last evening, I received by the way of Provi- dence, a citation to appear before Your Honors, at 11 o'clock, this forenoon, to give evidence of what I know relative to the burning and destroying the schooner Gaspee.
A the court of common pleas is now sitting here, and a number of clients depend- ing upon my assistance in their several cases, I hope Your Honors will dispense with
14
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my attendance at the council chamber at the time appointed. I am disposed to give Your Honors all the information that has come to my knowledge concerning the affair, which is extremely small.
The evening preceding the burning of the Gaspee. I spent at Mr. James Sabins's tavern, in company with several gentlemen ; about 7 or 8 o'clock. hearing a noise in the street, I pulled back the shutters of one of the windows next the street, and saw several people collected together, but did not know any of them : upon which, I made inquiry of the gentlemen in the room if they knew the occasion.
And was answered by some of the company, but by whom I caunot particularly recollect, that he hoped they were not designed for mischief.
To which, I replied. I believed not ; if they were, they would not be so public.
Some time afterward, a drum was beating along the street : upon which. I again opened the shutter, and saw three or four boys with a drum. and no other persons.
And this, may it please Your Honors. is all I know, relative to this affair ; and which I am ready to make oath to, before any of the civil authority in Providence, to which place I shall return to-morrow or next day.
I am, with all deference,
Your Honors's most obedient and most humble servant.
To the Honorable Commissioners.
JOHN COLE.
The commissioners adjourned till to-morrow, at 10 o'clock.
Thursday, January 21.
The commissioners met, according to adjournment.
Present -Joseph Wanton, Esq , Frederick Smythe, Esq , Peter Oliver, Esq. and Robert Auchmuty, Esq.
Samuel Clarke, who was charged with the delivery of the several summonses issued by the commissioners, on the 18th inst., made return upon oath of his service thereof, which was ordered to be filed.
Samuel Clarke exhibited his account to the commissioners, for performing two journeys for them ; one to Mendon, and the other to Providence ; which amounted to -, and was paid by the commissioners.
The commissioners agreed to address the Earl of Dart- mouth ; whereupon, a letter was drafted in the following words :
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The Commissioners, S.c., to the Earl of Dartmouth.
Newport. Rhode Island, ) January 21, 1773. 5 My Lord :- In obedience to Ilis Majesty's commands, signified to us, by Your Lordship's letter of the 14th of September last, we. with the utmost dispatch in our power, repaired to Newport. where, on the 5th day of January inst., His Majesty's commission, under the great seal of Great Britain, was delivered to us in the council chamber, at Newport, by Capt. Keeler, commander of His Majesty's ship. the Mercury, and the commanding officer in the naval department at this place : upon which, we immediately ordered the same to be publicly read and proclamied; which was ac- cordingly done, before a great concourse of people, who, on the occasion, behaved with great decency.
This being done, we proceeded, with all the dispatch in our power. to business ; and found in the last clause in our commission, that in the execution and performance of the power and authority thereby given us, we are strictly charged and com- manded carefully to observe and conform ourselves to such instructions as we should receive in writing, under the King's sign manual.
Wherenpon. we applied ourselves to the careful examination of those instructions ; in one of which, are the words. " To the end that they may accordingly be arrested and delivered to the custody of the commander in chief of our ships and vessels in North America, pursuant to such directions as we have thought fit to give for that purpose."
Being convinced that the above charge given us by His Majesty. in our commis- sion, referring to the instructions under the sign manual. could not be dispensed with, we wrote to Rear Admiral Montagu, that we were fully of opinion that his attendance at Newport was necessary, in order if there should appear evidence against any person sufficient to arrest him upon, he must be delivered to the ad- miral, according to our instructions, from which we could not depart, notwithstand- ing Your Lordship's letter of the 4th of September last, to Governor Wanton, wherein you inform him that " such offenders as may have been, or shall be arrested and committed within the colony of Rhode Island, be delivered to the care and cus- tody of Rear Admiral Montagu, or the commander in chief of His Majesty's ships in North America, for the time being, or to such officer as he shall appoint to receive them."
We here beg leave to assure Your Lordship. that we had not the least inclination to deviate from Your Lordship's letter. had we not been fully convinced that the express words of cur commission, obliged us to do it.
Several letters passed between us and the admiral, on this subject; wherein we explained to him the necessity, according to our commission and instructions, of his being here in person.
Though we did not agree on this head, he thinking that. according to his instrue- tions and Your Lordship's last mentioned letter. his presence was not at all neces- sary ; yet he was polite enough to come to Newport on the 14th day of the month ; and meeting us at the council chamber on the 18th inst., he informed us that he believed from the information he had received from others. Capt. Dudingston would be able to make such declaration relative to the business we are on, as wou'l prove very material ; and at this inclement season of the year, it was impossible for him
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properly to execute his orders from the lords commissioners of the admiralty, rela- tive to the business we are now upon : also. that the other duties of his department. at this time, absolutely required his attendance at Boston, and therefore, in a very days he must return.
Taking all these matters into consideration, and the extreme rigor of the season. which renders it almost impossible to procure witnessess who are at any distance from us, without waiting a very unreasonable time for them. we thought an ad- journment to May next. necessary for His Majesty's service ; and accordingly no- tified Admiral Montagu that we should adjourn to on or about the 26th of that month, when he will undoubtedly be here.
Copies of the letters passing between the admiral and us, on these subjects, are herewith transmitted to Your Lordship.
We have proceeded to examine such witnesses as we could obtain ; and also care- fully to look into all papers which Governor Wanton has laid before us. relative to the conduct of the magistrates of this government, in the business we are upon ; but find it totally impossible at present to make a report, not having all the evidence we have reason to expect. We therefore hope, for these reasons, that our omitting it, will not be disagreeable.
In short, we have hitherto. My Lord, exerted ourselves to our utmost abilities in the execution of our trust, His Majesty has been pleased to honor us with ; and Your Lordship may rely on our future endeavors to discharge ourselves with that fidelity which the nature of so important a commission demands.
We are, with the utmost respect, My Lord, Your Lordship's most obedient and most humble servants, J. WANTON. FRED. SMYTHE, DAN. HORSMANDEN. PETER OLIVER.
ROBT. AUCHMUTY.
To the Earl of Dartmouth.
Joseph Wanton, Esq., Governor of the colony, made oath of what he knew respecting the Gaspee, &c.
Deposition of Joseph Wanton, Esq., Governor of Rhode Island.
Joseph Wanton, Esq., Governor of the English colony of Rhode Island, on oath declares and says :
That at an interview he had with Lieutenant Dudingston. late of the schooner Gaspee, he asked him whether he had any authority from the commissioners at Bos- ton, or from Admiral Montagu.
To which, he replied, he had not; but received his authority from the lords of the admiralty ; and that he was come into the colony of Rhode Island by virtue of that power, and no other, whatever.
The deponent then asked how long it was probable he should continue in the colony.
To which, he answered, at present he was in the colony ; but how long he should continue, was uncertain.
And this deponent saith, that he does not remember that he hath since that time, seen the said Lieutenant Dudingston.
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On, or about the 20th of March last, a complaint was transmitted to the depo- nent, by the Deputy Governor of the colony, signed by sundry persons, residing in and near the town of Providence, that an armed schooner was cruising in the Nar- ragansett Bay, interrupting their legal commerce, by searching and unnecessarily detaining the freight boats, &c. ; and therefore, requested the deponent to make such inquiry as was necessary, for obtaining information. whether the persons be- longing to said schooner, were duly authorized to exercise that power. within the body of the colony.
Upon receiving the complaint, the deponent conceived it was his duty, in order to satisfy the complainants. and at the same time to give the persons complained of, an opportunity of exculpating themselves from the several charges and accusations which were exhibited against them, to pursue such measures as were prudent and legal ; and thereupon, wrote a letter to the commanding officer of said schooner, ad- vising him of the information the deponent had received, respecting his conduct. and proceedings, since his arrival within this colony. and requesting that he would produce his commission and authority.
This letter was answered by Lieutenant Dudingston ; which, not being satisfae- tory, the deponent wrote him another letter. on the 23d of March.
In consequence whereof, Lieutenant Dudingstop sent to the deponent, by one of his officers, whose name was Dundas. an order from the lords of the admiralty, for his commanding the schooner Gaspee ; also, their letter to the commissioners at Bos- ton, requiring them to give a deputation from the commissioners at Boston, directed to the said Dundas; all which, the deponent, after he had read and examined, re- turned to the said Dundas, who had the charge of them, without the least delay or interruption, whatever.
The deponent took this opportunity to remonstrate to the officer against the impropriety of Mr. Dudingston's proceedings. in sending a quantity of rum, he had seized in the county of Kent, within this colony, for illegal importation. to Boston, for trial : it being, in the deponent's opinion, repugnant to an act of Par- liament, made and passed in the eigth year of His Majesty's reign. as there was a court of vice admiralty established within this colony; and that if he persevered in such measures, he must expect that a process would be issued against him.
A short time after this, another complaint was brought against Mr. Dudingston, by one Faulkner, of Portsmouth, in this colony, and proprietor of' a certain island, called Gould Island, within the said colony, who alleged that the people belonging to said schooner Gaspee, had been upon said island, and committed a trespass and waste thereon, by cutting down thirty or more trees, and carrying the same from off said island.
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