USA > Rhode Island > A history of the destruction of His Britannic Majesty's schooner Gaspee, in Narragansett Bay, on the 10th June, 1772 > Part 13
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He then, as His Majesty's commissary for the colony, conferred with Mr. Dud- ingston, concerning saving such guns and stores as could be saved, and agreed to save all that was possible to be saved, and procured a man to undertake the business.
And he likewise requested that his people might be taken care of, and sent on board His Majesty's sloop, called the Beaver, then at Newport, and procured a small vessel, to carry them on purpose.
He visited Mr. Dudingston. several times, and requested of him, if he had any knowledge of such persons as had done the mischief, that he would inform him there- of, that the persons might be brought to condign punishment ; but he always de- clined saying anything in the affair.
And further, that early in the morning, after the said schooner was destroyed, he met with Daniel Jenckes, Esq .. chief justice of the court of common pleas, in the county of Providence, who said that he had informed the Deputy Governor of what had happened the preceding night, respecting the Gaspee ; and then urged that the
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Deputy Governor and this examinate, would repair immediately to Pawtuxet. and examine such: of the Gaspee's men as could be found, while it was fresh in their memories, that the villains might be discovered, and not the whole colony blamed. JOHN ANDREWS.
The foregoing examination was taken and sworn to, at Newport, on the day and year aforewritten, before-
J. WANTON, DAN. HORSMANDEN,
PETER OLIVER,
ROBT. AUCHMUTY, Commissioners.
Deposition of Justice Helme.
The examination of James Helme, Esq., of South Kingstown, in the county of Kings county, and colony of Rhode Island, &c., taken on oath, at Newport, in said colony, this 5th day of June, A. D. 1773, who saith :
That in October following the burning the schooner Gaspee, the superior court of judicature, &r., for said colony, sat at East Greenwich, in the county of Kent. at which court I presided, being the eldest justice of the same. present.
Before the sitting of said court, I had heard of the said schooner's being burnt. and of Lieutenant Dudingston's being wounded. I did not give any charge to the grand jury at that court ; nor is it usual in this colony to give either general or special charges to grand juries.
But before the meeting of said court, I iuformed my brethren. that if I presided at said court. I fully intended to give the affair of burning the said schooner and wounding the lieutenant, in charge to the jury ; but having been nearly two months on the circuit, it entirely went out of my mind, when the grand jury was empan- nelled ; and there being no business laid before said jury, they were soon dismissed. Immediately after, I recollected the omission of what I intended; and then men- tioned to some of the other judges of the court, that I had entirely forgotten to give the business of destroying the Gaspee and wounding Lieutenant Dudingston, in charge to the grand jury, which I had designated ; and further, this deponent saith not.
JAMES HELME.
Taken, and sworn to, at Newport, on the day and year first within written, before -- J. WANTON, FRED. SMYTHE,
DAN. HORSMANDEN, PETER OLIVER,
ROBT. AUCHMUTY,
Commissioners.
Deposition of George Brown.
The examination of George Brown, of Providence, in the colony of Rhode Island, Esq., taken on oath, at Newport, in said colony, this 5th day of June, A. D. 1773, who saith :
That the evening preceding the burning of the schooner Gaspee, he, with several other gentlemen, met at the house of Mr. James Sabin, in Providence, aforesaid, it
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being a public house, to spend the evening together. About 10 o'clock. as I sup- pose. I heard a drum beat in the street : I asked the reason of' said drum beating ; on which, some one of the company. but whom. I do not recollect, answered, that there were some boys beating the drum, which was common for two or three years past, in summer evenings, in said town ; it is also usual for the young people to as- semble, to learn to beat a drum, and other military exercises.
Before sunset, that evening, I had heard that the said schooner was aground ; but had not then the least suspicion that any mischiet' was intended to be done to said schooner, or any body on board of her: not having heard any intimation to that purpose.
And I further declare, that I have not any knowledge, directly or indirectly, of any plans being laid, to burn or otherwise destroy said schooner, or of any person concerned in so vile a crime. or wounding Lieutenant Dudingston.
Some time after I heard the drum, I had occasion to go to the door, when I plainly saw about ten or a dozen boys, with a drum; and am confident there was not at that time one man among them : nor had I, during that evening, any concep- tion of any mischiet intended.
The place where said schooner was bornt, is in the township of Warwick, in the county of Kent, in the colony of Rhode Island and Providence Plantations. From the dwelling house of Mr. Sau.nel Tompkins to the place where said schooner was burnt, is, according to my judgment, about nine miles ; aud further, this deponent saith not. G. BROWN.
Taken, and sworn to, at Newport, on the day and year above written. before -- J. WANTON, FRED. SMYTHE.
DAN. HORSMANDEN, PETER OLIVER,
ROBT. AUCHIMUTY,
Commissioners.
Deposition of Samuel Faulkner, relative to the Negro Aaron Briggs.
The examination of Samuel Faulkner, of Bristol, in the colony of Rhode Island, and laborer. taken upon oath. at Newport, the 11th day of June, 1773, who saith:
That he lived with Mr. Sammel Tompkins, of the island of Prudence. in said colony, from the 1st of April, 1772. to the last of July, following, and knoweth a negro fellow named Aaron, who lived with said Tompkins part of said time ; and, as he understood. was an indented servant to said Tompkins.
That several persons came over from Bristol, to said island, and said that the Gaspee schooner was burnt two or three days before, which was the first time he heard of it.
That he never requested the said Aaron to go with hint from Prudence to Bristol. in any part of the aforementioned time of his living with the said Samuel Tompkins, having then no occasion to go to Bristol.
That when the people of Bristol gave an account of the burning of said schooner, Aaron was present; and did not either at that time, or at any other time after- wards, discover that he had any knowledge of the destroying of said schooner.
That when the people from Bristol gave said account, they mentioned the par- 16
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ticular night on which said schooner was burnt : and to the best of his recollection. Aaron milked the cows after sun-et that night, and was at home early the next morning : and therefore eoneluded that Aaron was at his master's house the whole of that night.
That he does not remember his telling the said Aaron he would ask his master to let him go with him to Bristol, in any part of the above mentioned time of his living with said Tompkins ; but well remembers that the summer before, when he also lived with the said Tompkins, that he asked him once or twice to let Aaron go with' him to Bristol.
That he never was in company with Aaron. when Mr. Potter, of Bristol, was present ; but has been in Mr. Potter's rope-walk in Bristol. in company with Aaron ; neither was he ever on a wharf in Bristol, with Aaron, nor at any time pointed out Mr. Potter to said Aaron : and he does not recollect that when he was in Mr. Potter's rope-walk. as aforesaid, that he told said Aaron whose it was; and that when they went to Bristol together the summer before the Gaspee was burnt, they landed on the shore.
That when Aaron ran away from his said master. he stole his small boat, which lay on the shore, and went away in her ; and that when the people from Bristel brought the said news of the Gaspee's being burnt, she was then lying on the shore, with her seams much opened ; that some time after thus, and before Aaron stole her, she was repaired.
That he does not remember that the people from Bristol mentioned any persons's names of being concerned in destroying said schooner ; and he does not know any of the persons who burnt said schooner.
And this examinate further saith : that the said Aaron was looked upon by the people where he worked. as a person much addicted to lying.
SAMUEL FAULKNER.
Taken, and sworn to. at Newport. on the day and year, above mentioned, before --
J. WANTON, FRED. SMYTHE, ROBT. AUCHMUTY,
Commissioners.
Deposition of Darius Sessions, Deputy Governor.
Darius Sessions, Esq., of Providence, on oath declares and says :
That, in the month of March. A. D. 1772, or thereabouts. sundry of the principal inhabitants of the town of Providence, made application to the deponent, in writing, representing that there was, and had been for some time past, a schooner erusing in the Narragansett River. that disturbed all the vessels and boats that were passing therein, by chasing, firing at and searching them ; and often treating the people aboard of them, with the most abusive language; and that the commander showed no commission, to support such proceedings.
They therefore. requested me to inform the Governor thereof, that if he knew not who he was, or if he had not been acquainted with his commission and authority, he would be pleased to make inquiry therein.
Soon after I received said writing, hearing that the Chief Justice was in the
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court house, near by, I wrote a line on the back of said paper. and sent it to him, desiring his opinion in the affair : it was soon returned, with something written under mine, to this purpose, viz. : that it was his opinion, that for any person, whatever. to come into the colony, and in the body thereof. to exercise any authority by force of arms, or otherwise, without showing his commission to the Governor ; and (it a cus- tom house officer.) without being sworn into his office, was guilty of a trespass, it not piracy ; all which proceedings, to the best of my remembrance. I afterwards sent to the Governor.
And to the best of his remembrance. the aforesaid complaint was signed by the following persons : JOHN BROWN, AMBROSE PAGE,
NATHAN ANGELL. DARIU'S SESSIONS,
JOSEPH NIGHTINGALE, JAMES LOVETT, JOB SMITH, NICHOLAS BROWN.
THOMAS GREENE, Newport, June 12th, 1772.
Sworn to, before-
J. WANTON, Governor.
On the 7th of June, the commissioners requested the per- sonal attendance of the justices of the Superior Court, of the colony.
The-design of the commissioners, will appear in the follow- ing papers :
The Justices of the Superior Court of the Colony of Rhode Island, to the Commissioners, S.c.
1
The honorable the commissioners, appointed by royal commission, for examining into the attacking and destroying His Majesty's armed schooner, the Gaspee, commanded by Lieutenant Dudingston, and wounding the said lieutenant. having laid before us, justices of the Superior Court of Judicature, court of assize, &e., within and throughout the colony of Rhode Island, two examinations of Aaron Briggs, two examinations of Patrick Earle, the examination of Peter May, the examination of William Dickinson, the deposition of Samuel Tompkins, Samuel Thurston ; and of Somerset and Jack, indented servants, for our advise- ment thereon :
It appeareth to us, from our consideration had thereupon. that no particular per- son or persons are made mention of, as being concerned in that atrocious crime, except in the examination of Aaron Briggs, a negro ; and of Peter May, one of the Gaspee's people.
The confession of the said Aaron, upon his first examination, was made in conse- quence of illegal threats from Capt. Linzee, of hanging him (the said Aaron) at the yard arm, if he would not discover who the persons were, that destroyed the Gas- pee ; and besides, most of the circumstances and faets related in both of his exam- inations, are contradictions repugnant to each other ; and many of them, impossible in their nature.
1
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It is evident from the depositions of Tompkins. Thurston and Aaron's two fellow servants, that he was at home the whole of that night on which the Gaspee was at- tacked : especially, as there was no boat on that part of the island, in which he could possibly pass the bay, in the manner by him described.
In short. another circumstance which renders the said Aaron's testimony ex- tremely suspicions, is Capt. Linzce's absolutely refusing to deliver him up to be ex- amined by one of the justices of the Superior Court, when legally demandled.
Peter May. in his deposition. meutions one person only by the name of Greene ; whom, he says, he saw before. on board the Gaspee ; but the family of Greene being very numerous in this colony, and the said Peter not giving the Christian name. or describing him in such a manner as he could be found out, it is impossible for us to know. at present, the person referred to.
Upon the whole, we are all of opinion, that the several matters and things con- tained in said depositions, do not induee a probable suspicion, that the persons men- tioned therein, or either or any of them. are guilty of the erime, aforesaid.
It is, however, the fixed determination of the Superior Court to exert every legal affort in detecting and bringing to condign punishment, the persons concerned in destroying the schooner Gaspee.
And if the honorable commissioners are of a different sentiment, we should be glad to receive their opinion, for our better information. S. HOPKINS,
Chief Justice.
J. HELME, M. BOWLER,
Assistant
J. C. BENNETT, Justices.
To the Honorable His Majesty's Commissioners.
Rhode Island, June 11, 17:3.
The Commissioners, &c., to the Justices of the Superior Court of Rhode Island.
Newport, June 12, 1773.
Gentlemen :- We, the commissioners, appointed by His Majesty for inquiring into the attacking. plundering and burning His Majesty's schooner, called the Gaspee, and wounding the lieutenant. late commandant of' said schooner, received your re- port on the examinations by us laid before you.
In the conclusion of the same report, you are pleased to say, if we differ from you in sentiment, you should be glad to receive our opinion, for your better information.
As by our instructions, we are required to lay before the civil magistrates all such informations as we shall receive ; and as it is your proper office to judge and aet thereupon, in such manner as you conceive most likely to answer the ends of public justice, therefore, we decline giving any sentiment or opinion in the mattter ; and are, with much respect, gentlemen,
Your most obedient, humble servants, J. WANTON, FRED. SMYTHE, DAN. HORSMANDEN, PETER OLIVER,
ROBT. AUCHMUTY,
Commissioners.
To the Hon. Stephen Hopkins, Esq .. and the three assistant justices.
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The following request of Chief Justice Smythe, was thought worthy of preservation :
Chief Justice Smythe to the Commissioners, & c.
Newport. June 23d, 1773.
Gentlemen :- I desire the euclosed, may be inserted in the journal of our proceed- ings. I am sorry it is not in my power to meet you, this morning. A> this mirute contains only the plain facts, I hope there will be no objection to the request of- Gentlemen, yours. most heartily. FRED. SMYTIIE.
To the commissioners, Gov. Wanton, Mr. Horsmanden and Mr. Auchmuty.
" June 21 .- Chief Justice Smythe requested the board that some particulars of an attack of an armed schooner, called the St. John, by the gunner of Fort George, in this colony. in consequence of an order signed by two magistrates, dated July, 1764, had been imparted to him on Saturday last; and conceiving that great irregu- larity, violence and disorder, accompanied that transaction, and might be considered as a leading cause to the destruction of the Gaspee, requested the board to take the affair into consideration, and receive such information as might be procured on the subject.
Whereupon, Gov. Wanton acquainted the board that his son was Deputy Gov- ernor of the colony at the time of the above transaction, and could fully explain the affair; that the said gunner of the fort was in town, and might be called upou ; then the board agreed to take the matter into consideration to-morrow morning.
June 22 .- The board being reminded by Mr. Smythe of his motion yesterday, produced the original order, sigued by the magistrates: and inquiring if the Gov ernor's son, or the gunner, had been applied to, for information on the subject.
Mr. Auchmuty proposed that the sense of the board should first be taken whether the affair should be at all inquired into, or not.
Whereupon, Gov. Wanton and Chief Justice IIorsmanden were of opinion, that no notice whatever of the attack of the schooner St. John, ought to be taken by this board.
Mr. Smythe, on the contrary, was of opinion, that a strict inquiry ought to be made on the subject, and inserted in the report. Mr. Auchmuty doubted."
The commissioners probably closed their labors on the 23d of June ; on which the following letter, enclosing the report of their proceedings, was sent home :
The Commissioners &.c., to Lord Dartmouth.
Newport, June 22, 1773.
My Lord :- So much time being necessarily spent in the business of His Maj- esty's royal commission, renders our return to our several colonies highly expedient,
-
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and having executed the same to the utmost of our abilities, we beg leave to enclose to Your Lordship, a report thereon.
Your Lordship is very sensible that for the execution of the trust His Majesty hath been graciously pleased to honor us with. it was strictly necessary to have the assist- ance of secretaries, messengers to summon witnesses, or go express on the business, some constant attendants and stationery. No particular mule having yet been pointed out to us, for detraving these expenses by government. we have discharged the same, except the secretaries, Mr. Brenton and Clarke : but at this, our second meeting. we found one of those gentlemen suthicient for the same.
Mr. Oliver would have joined us in the report to His Majesty. if the duty of his office had not indispensably required him to take hi- leave of us a few days since.
My Lord, as we have used the utmost assiduity, and made the strongest possible efforts to the thorough accomplishment of the end and design of the commission ; though not attended with that success most ardently wi-hed for by all. yet we hum- bly hope Ilis Majesty will be graciously pleased to accept of our services and en- deavors therein, which will reflect the greatest honor on-
Your Lordship's most respectful, and most obedient bumble servants,
FRED. SMYUTIIE.
J. WANTON, DAN. HORSMANDEN, ROBT. AUCHMUTY, Commissioners.
To the Earl of Dartinouth.
The Report of the Commissioners, S.c., to the King.
" To the King's Most Excellent Majesty :
May it please Your Majesty :- In obedience to your royal commission and in- structions. and from a due sense of the duty therein enjoined on us. we have used our utmost care and diligence for the purpose of inquiring into. and reporting to Your Majesty. all the circumstances relative to the attacking. plundering and burn- ing the schooner Gaspee, wounding Lieutenant Dudingston. and all other matters in the same commission and instructions contained.
We now beg leave, most humbly, to report to Your Majesty. that on the earliest intelligence of Your Majesty's commands. we, with the utmost dispatch in our power, repaired to Newport, where, on the 5th of January last. Your Majesty's royal commission was published in the presence of a large number of people ; who, on the occasion, behaved with great propriety.
We next proceeded to give public notice of the subject matter of the commission, and our being assembled for the execution thereof: requesting all persons who could give us any information relative to such matters, forthwith so to do.
We beg leave to observe to Your Majesty, that the place where the Gaspee was destroyed. is, at least, twenty-three miles from Newpor .. and the accident of her running aground but a few hours before the attack, takes away all possibility of the inhabitants of the town being instrumental in, or privy to. the destruction of her ; nor have we any evidence, even of the slightest kind. to induce suspicion to the contrary.
We further beg leave humbly to represent to Your Majesty. that in the part of our duty contained under the inquiry into the assembling. amming and leading on the people to attack the Gaspee ; also, the concerting and preparing the same, we have been particularly attentive.
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But after our utmost efforts, we are not able to discover any evidence of either ; and therefore, are humbly ot opinion. both from the unforeseen event of the Gaspee's running ou shore, the suddenness of the undertaking and its accomplishment. and total want of evidence of even an intention to destroy her, though mary witnesses of credit, as well inhabitants of Providence as other places, were strictly examined on this head, that the whole was conducted suddenly aud secretly.
On the 10th of June last, about 1 in the morning, a number of armed people, many of whom, by their dress, appeared much above the rank of common people, and were accompanied by several negroes and others. boarded the schooner Gaspee, then on shore, on a point of laud, called Namquit, which is within the township of Warwick, and county of Kent, in this colony, and about six miles from the town of Providence ; and after wounding the lieutenant, and using the crew with great bar- barity, first plundered and then burnt the schooner, taking the lieutenant and his people on shore, to a place called Pawtuxet, about two miles distant.
With respect to the conduct of the magistrates. on the morning of the 11th of June. The Deputy Governor, being informed of the destruction of the Gaspee, the lieutenant being wounded on shore, at Pawtuxet. first inquired if any of the offend- ers were known ; and receiving no information of such, immediately repaired to the place, and finding the lieutenant in a dangerous condition, offered him every proper assistance ; to which the lieutenant replied, he wanted no favors for himself, but de- sired his people might be taken care of, and seut on board the Beaver; which was accordingly done.
The Deputy Governor then told the lieutenant the design of his visit, was not only to afford him any assistance, but to procure such a declaration from his own mouth, respecting, the transaction, that the offenders might be brought to justice.
To which. the lieutenant answered, he would not give him any account of the matter. First, because of his indisposition ; and, secondly, it was his duty to forbear any thing of that nature, until he had done it unto a court martial.
The Deputy Governor then asked the lieutenant if he was willing that his officers and men should be examined; to which, after some refusal, he consented. They were accordingly examined on oath, but were not able to give information against any person in particular.
Mr. Andrews, judge of the court of vice admiralty, in this colony, attended the Deputy Governor, and behaved very properly on the occasion.
The same day, the Deputy Governor, by letter, informed the Governor of what had happened, and of every step he had taken as a magistrate, and sent him all the depositions. In another letter, of the 12th of June, he further informed the Gov- ernor, it was the unanimous opinion of a great number of the most respectable in- habitants of Providence, that a proclamation, with a proper reward, should, by the Governor be issued, for the apprehending and bringing to justice the persons con- eerned; which was accordingly done.
In July, following, a warrant was granted, for apprehending one Aaron Briggs, a negro, then on board Your Majesty's ship, the Beaver, commanded by Capt. Linzee, for being concerned in burning the Gaspee, and wounding the lieutenant. The same was delivered to a sheriff; who, after making his business known, was refused ad- mittance into said ship ; but the captain was not then on board. Very soon after such refusal. the captain was informed of said warrant. and requested to deliver up the negro, whom he acknowledged was on board; but treated the civil authority in a most contemptuous and unjustifiable manner.
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Here the civil magistrates ceased their endeavors to discover the offenders : for, though there was a superior court, held in. and for the county of Kent. in October following the burning the Gaspee, at which the second justice presided, the chief justice being absent, not auy charge was given to the grand jury. to inquire into that atrocious breach of law, nor any information thereof, by the then acting attor- ney general; nor was any thing done thercon, that we can discover.
Having now laid before Your Majesty, the substance of the proof's relative to the destruction of the Gaspee, the barbarity and insolence exercised upon the com- mander and seamen belonging to her, with other necessary matters, we proceed. in obedience to Your Majesty's directions, to assign some probable causes, which we conceive, might lead to so bold a violation of Your Majesty's laws and authority.
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