USA > Rhode Island > A history of the destruction of His Britannic Majesty's schooner Gaspee, in Narragansett Bay, on the 10th June, 1772 > Part 5
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closed deposition, and in general agree that he is a man of fortune, but of the most infamous character possible to describe ; and has been guilty of almost every vice a pirate ean be guilty of. The Browns, of Providence, are principal people of' that place.
It appears to me, My Lord, that these people were the ringleaders in this piratical proceeding. I have therefore, written to Governor Wauton, of Rho-le Is- land, and begged his utmost exertions may be used for the apprehension and bring- ing to justice the people mentioned in the said deposition, as principals in this pro- ceeding ; but the disposition of the people of that government in general, is such, that I cannot flatter myself with much success, unless some other method is taken for apprehending them. I have the honor to be, &c., &c.,
J. MONTAGU.
To the Right Honorable the Earl of Hillsborough.
It does not appear that Governor Wanton adopted the course recommended by Admiral Montagu, to arrest the par- ties charged by the negro Aaron, with being concerned in the burning of the Gaspee. Whether he knew they were con- cerned in the affair, which is probable, and desired to screen them, or whether he disbelieved the statement of Aaron, and determined to make it so appear, the reader must judge. But it seems he lost no time in obtaining the following affidavits.
Affidavits going to disprove Aaron's Statement.
Samuel Thurston, of the island of Prudence, in the township of Portsmouth, in the county of Newport, of lawful age, declareth and saith :
That Aaron, a mulatto lad, of about sixteen years of age, now on board His Majesty's ship, the Swan, commanded by Capt. Ayscough, is an indented servant to Samuel Tompkins, of Prudence, aforesaid, son-in-law to the said Samuel Thurston ; which Samuel Tompkins hath lived in the same house with the declaraut for many years past, and have jointly managed a farm together ; that he is fully persuaded the said Aaron hath not been off from the said island for more than twelve months preceding the 2d day of July instant ; on the night of which, the said Aaron stole their boat, and went on board His Majesty's ship, the Beaver ; that particularly on the night after the 9th of June last, being the same night that His Majesty's schooner the Gaspee, was burnt, he is well assured that the said Aaron remained in his house the whole of the night, he having seen him on the evening and early in the morning of the 10th, at his work.
That, at that time, there was but one boat at that end of said island, which was then so much out of repair, that the said declarant thinks she could not swim, and then lay bottom upwards in order to be refitted, being the same boat the said Aaron stole after she was repaired.
That he, the declarant, thinks it absolutely impossible, that the said Aaron should have been, that night, any where near the place where the said schooner was burnt; and that the said Aaron remained at home from the said 9th of June
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unti the 2d day of July; and never, during that time. gave him the least in- formation, suggestion or hint of his having any knowledge of the business of the said schooner. SAM'L THURSTON.
Colony of Rhode Island. &c ..
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Newport, July 10, 1772.
Personally appeared Samuel Thurston, (one of the people called Quakers.) and on his solemn affirmation, declared that the above written declaration is true, before ---
J. WANTON, Governor.
Samuel Tompkins, of the island of Prudence, in the township of Portsmouth, in the county of Newport, on oath declareth and saith :
That Aaron, a mulatto lad of about sixteen years of age, now on board Ilis Maj- esty's ship, the Swan. commanded by Capt. Ayscough, is an indented servant to the deponent ; that he is fully persuaded the said Aaron hath not been off from the said island more than once or twice for twelve months preceding the 2d of July last, in the night of which, the said Aaron stole a boat belonging to the deponent and his father-in-law, Mr. Samuel Thurston, and went on board Ilis Majesty's ship, the Beaver.
That particularly, on the night after the 9th of June last, being the same night that His Majesty's schooner, the Gaspee was burnt, he is well assured that the said Aaron remained in his house the whole of the night; he having seen him about nine o'clock, that evening, with the rest of the servants, in the family, about which time they retired to bed ; and, also, very early in the morning of the 10th, the said Aaron, according to his usual eustom. brought the cows into the yard, to be milked.
That, at the time, there was but one boat at that end of the island, which was then so much out of repair, that the deponent is confident she could not swim, and then lay bottom upwards, in order to be re-fitted, being the same boat the said Aaron stole after she was repaired.
That he, the said deponent, thinks it absolutely impossible that the said Aaron should have been that night any where near the place where the schooner Gaspee was burnt ; and that he, the said Aaron, remained at home from the said 9th of June, until the said 2d day of July ; and never, during that time, gave him the least in- formation, suggestion or hint of his having any the least knowledge of the destrue- tion of the said schooner. SAM'L TOMPKINS.
Colony of Rhode Island, &e., ) Newport, July 11, 1772.
Mr. Samuel Tompkins personally appeared, and made solemn oath to t'.e truth of the above deposition by him subscribed, before -- J. WANTON, Governor.
Somerset, a mulatto, and Jack, a negro, indented servants, living with Samuel Thurston and Samuel Tompkins, on the island of Prudence, in the township of Portsmouth, in the county of Newport, of lawful age, on oath severally depose and say :
That to their certain knowledge, Aaron, a mulatto lad, who is also an indented
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servant to the said Samuel Tompkins, and now, as they are informed, on board of a man-of-war. has not been off from said island for many months preceding the 2d day of July instant ; in the night of which. the said Aaron stole a boat belonging to the said Samu | Thurston and Sammel Tompkins, and went on board a man-of-war.
That the said Aaron has slept with the deponents in the same bed for several years ; and particularly on the night the schooner called the Gaspee, was burnt, the said Aaron was at home, at the dwelling-house of the said Thurston and Tompkins, and that he, the said Aaron, lay in the same room and be I with the deponents the whole of that night ; having retired to bed together, between nine and ten o'clock, in the evening.
And the deponents severally say, that they have never had the least hint or in- formation, from the said Aaron, of his having any knowledge of the burning of the said schooner Gaspee ; and that they are well assured that he knows nothing of the transaction. And the deponents further say not.
The mark of SOMERSET. The mark of # JACK.
Colony of Rhode Island, &c., Newport, July 11, 1772.
In their proper persons eame and appeared the above named Somerset and Jack; and after being cautioned to tell the truth, and nothing but the truth, made solenin oath to the above deposition, to which they have made their respective marks. Before- J. WANTON,
Governor.
About the same time, Capt. Linzee, of the Beaver, then lying in Newport, caused the following deposition to be taken :
Deposition of Patrick Earle.
The deposition of Patrick Earle, of lawful age, lately belonging to His Majesty's armed schooner, Gaspee, commanded by Lientenant Dudingston, but now to His Majesty's ship, the Beaver, commanded by John Linzee, Esq. This deponent saith :
That after a number of boats boarded the said schooner, as she lay aground, and the peoples' hands were tied, he, with several others, was put into the same boat that the captain was carried ashore in ; and that he helped a negro man, called Aaron Briggs, to row the bow oar, which negro is now on board His Majesty's ship Beaver, who hath sworn that he did row ashore with the bow oar; and further saith not.
The mark of # PATRICK EARLE.
Sworn in Newport, 16th July, 1772. Before me-
CHARLES BARDIN, Justice of the Peace.
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The statement of the mulatto boy Aaron, taken on board the Beaver, seemed hardly sufficient to warrant the arrest of the respectable parties, which he had endeavored to implicate in the transaction, in question.
Governor Wanton, therefore, very properly desiring that he should be examined by the civil authority, conformably to law, addressed the following note to the captain of the Beaver.
The Governor of Rhode Island to Captain Linzee, of His Majesty's ship Beaver.
Newport. July 16th, 1772.
Sir :- Having received information from the Honorable Admiral Montagu, that Aaron, a mulatto lad, on board His Majesty's ship, the Beaver, under your eom- mand, has confessed that he was concerned in destroying His Majesty's schooner. the Gaspee, as she lay aground on Namquit Point, in the county of Kent, within this colony ; and as it is highly necessary that this lad should be examined by the civil authority, concerning what he knows of that affair, I have directed the sheriff to wait upon you, and request that you would deliver Aaron into his custody, in order to be brought on shore, that such proceedings may be had and done in this matter, as are agreeably to law.
The King's attorney general will attend the examination ; and I should be glad if you, or any of your officers, would likewise attend.
If you are of opinion that it is most for His Majesty's service to return Aaron on board your ship after he has been examined, instead of committing him to jail, you may be assured it shall be done.
Mr. Brenton also waits on you, whose opinion on matters of law, may be of service to you in this important affair.
I am, sir, &c., &c., J. WANTON.
To John Linzee, Esq., commanding His Majesty's ship, the Beaver.
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Warrant to the Sheriff of the County of Newport, for the Arrest of the Negro Aaron.
Colony of Rhode Island.
GEORGE THE THIRD, by the grace of God, King of Great Britain,
L. S. France and Ireland, Defender of the Faith, &c. To the sheriff of the county of Newport, or his lawful deputy, greeeting :
Whereas, I have received information, that Aaron, a mulatto lad, otherwise called Aaron Bowler, alias Briggs, now on board His Majesty's ship, the Beaver, under the command of Captain John Linzee, in the harbor of Newport, aforesaid, with divers other malefactors, to me as yet unknown, did, in the night of the 9thi of June last, unlawfully and riotously assemble and gather together to disturb the
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peace of our said lord the King ; and being so assembled and gathered together, with foree and arms, an attack did make upon llis Majesty's schooner, the Ga-pre, under the command of Lieutenant William Duding-ton. as she lay aground on a point of land, called Namquit, within the township of Warwick, in the county of Kent, in the colony aforesaid ; and him, the said William Dudingston, then and there, being in the peace of our said lord the King, did dangerously wound. and the said schooner then and there did wickedly, wilfully and felonioushy burn and destroy, against the peace of our said lord the King, his crown and dignity.
Therefore, in the name of our sovereign lord the King. I command and charge you, that immediately upon the receipt hereof. you repair on board His Majesty's ship Beaver, aforesaid, and make diligent search for the said Aaron ; and it'he be by you found. to bring him before me, or some other lawful authority within this colony, to be examined concerning the premises, that such other proceedings may be had and done, as to law and justice doth appertain.
Hereof fail you not, as you will answer the contrary at your peril ; and make true return of this warrant with your doings thereon.
Given under my hand and scal, this 16th day of July, in the twelfth year of His Majesty's reign. Anno Domini 1772.
METCALFE BOWLER, Just. of Assize.
Newport. July 17, 1772.
By virtue of the within warrant, I waited upon John Linzee, Esq., within men- tioned, who refused to deliver up the within named Aaron, in presence of James Brenton, Esq.
ROBERT LILLIBRIDGE, JR., D. Sheriff.
This request of Governor Wanton, was treated by Capt. Linzee with great contempt, and utterly disregarded by him, as will appear by the Governor's letter to Admiral Montagu.
It appears, from the following letter from Lieutenant Dud- ingston, to Admiral Montagu, that his fears for his personal safety, were not wholly removed.
Lieutenant Dudingston to Admiral Montagu.
Brenton's Point, near , Newport, July 1772. 5
Sir :- This day I received yours of the 8th inst., and am hardly able to give an- swer, from the painful situation I am in ; nor is it possible, at present, for me to be of the least use in respect to the negro.
I have no doubt of his being in the boat with me, and it is what I expected, that the Governor would say he was an impostor ; and I cannot help telling you, that, without I was able to retire to a ship, I should not exist one night on shore, if I was eapable to make oath to any one of the people mentioned.
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I beg this may be private, till I can be moved ; as the copy of the former letter, being made publie to the people by the Governor, puts me in great danger.
I am, sir. &c., &c .. W. DUDINGSTON.
To Admiral Montagu.
Governor Wanton next communicated to Admiral Montagu, the proceedings he had taken in relation to Aaron ; expresses his firm conviction that he was not present at the burning of the Gaspee ; and that, from his notoriously bad character, his word should not be believed. He also makes known to the Admiral his application to Capt. Linzee, for Aaron, and the contempt with which he treated his request, which request, it seems, was in accordance with the advice of one of the judges of the supreme court.
The Governor of Rhode Island to Admiral Montagu.
Newport, July 22. 1772.
Sir :- Your favor of the 8th inst., I have received. together with the information given by one Aaron, a mulatto servant. relative to the destruction of the Gaspee ; on receiving of which. I pursued every measure in my power to investigate and find out the truth of the various assertions comprised in his declaration.
For which end, I eaused to be examined on oath, some of the family with whom this declarant lived as a servant ; persons of credit and established character. who were separately examined, and whose testimony perfectly agreed in every circum- stance, on such examination : by which, and from the general bad character of the declarant. I was fully convinced that no regard could be had to this information ; that the declarant could not be present at the time when this offence was committed ; as it is fully proved that he was at home, on an island, near seven miles from the place where the disaster happened.
However, being very solicitous that every inquiry should be made, that might re- flect light on this unhappy atfair, I had a conference with one of the judges of the superior court, before whom this matter must finally come to be adjudged, who gave it as his opinion, that it was absolutely necessary that this declarant should be de- livered up to the civil authority, to be properly examined. Ile therefore issued his warrant to take Aaron into his custody.
At the same time, I wrote Capt. Linzee a letter, requesting him to deliver him to the sheriff, in order to his being examined : both which, were treated by Capt. Linzee with great contempt, and by him utterly disregarded.
What could be huis motives or reasons for such his conduct, I am not able to ac- connt for. It certainly is a great contempt of the civil authority of this colony. who have the only power and jurisdiction to try all and every offence committed within the same, to refuse delivering up an offender, who, by his own confession, hath ac-
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knowledged his guilt, and what is sufficient for his conviction, supposing what he hath declared, to be true ; and, if otherwise, he ought to be proceeded against agreeably to law, and punished according to luis offence.
I have transmitted to you the several depositions, by which, I apprehend you will agree with me in opinion, that no dependence can be had on the declaration given by the informant, but must wholly be disregarded. Villainy of this kind, is not new. We have a recent instance of this sort. at home. Britain and others, conspiring in the most horrid manner, to charge the officers of state with a crime that the whole world knew they could not possibly be guilty of.
The schooner, when she was destroyed, lay aground, in a narrow river, near thirty miles from the main sea ; and as all ports and havens are infra corpus comi- tatus, I am of opinion, that, in this case. the admiral hath no jurisdiction. Ilis Honor the Chief Justice, has favored me with his opinion on this matter, which here- with I enclose.
When Aaron is delivered into the hands of the civil authority, whatever is legal and necessary, will undoubtedly be done. I have advised with the King's attorney, whose opinion and advice coincides with what I have written on the subject of Aaron's declaration. I am Your Honor's
Most obedient humble servant, J. WANTON.
To the Honorable Admiral Montagu.
Admiral Montagu in reply to the Governor of Rhode Island.
Boston, 1st September, 1772.
Sir :- I received your letter, dated 22d July, with three depositions enclosed. I deferred answering it, till I had seen and examined Aaron, the black indented ser- vant, who says he was in one of the boats that boarded and burnt the Gaspee; and it is clear to me, from many corroborating circumstances, that he is no impostor.
Sorry I am, that no regard can be had to his information in your opinion. In my opinion, the depositions Your Excellency sent me, prove nothing that confutes any thing he has said.
However, it is not in my power to do more than I have, to bring the offenders to justice ; the whole must rest with you, who are upon the spot. I find the master of Aaron, the black, has arrested Capt. Linzee, for the detention of his servant; therefore; as Capt. Linzee has done nothing but by my orders, I have bailed him, and will keep the fellow. I did intend sending him to you, had not his master taken this step.
I shall not trouble Your Excellency any more on the subject of the Gaspee, but leave the result of the whole conduct of His Majesty's good subjects at Rhode Island to him and his ministers; and am, sir,
Your most obedient humble servant, J. MONTAGU. To Governor Wanton.
Here ended the proceedings of the colony, and the corres- pondence with the English admiral, in relation to this subject, previous to the action upon it by the British government.
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From various references, it appears that under date of the 4th of September, 1772, Lord Dartmouth addressed a letter to Governor Wanton, transmitting the royal proclamation, com- mission, instructions, etc. ; which letter, unfortunately, is not found in the files of the secretary's office ; nor does it appear in the compilation of Judge Staples .*
In writing to the Earl of Dartmouth, on the 20th February, 1773, Judge Horsmanden, one of the royal commissioners, says on his arrival in Rhode Island, on the 31st December, 1772, in pursuance of His Lordship's instructions, "he was surprised to find that the main object of our errand, was be- come public, which, in prudence, was to be kept secret ; nev- ertheless, Your Lordship's letter to Governor Wanton, was published in the Boston weekly paper, and spread industri- ously over all New England. However amazing to us, upon inquiry it came out, that the Governor had communicated it to his Assembly, who had got it printed. Upon expostulating with the Governor upon it, he said, he was, by law, obliged to com- municate all dispatches from the ministry to his corporation, and sworn so to do," etc.t
* Governor Wantou, in his letter to the Earl of Dartmouth, dated December 24, 1772, mentions this letter.
t In a subsequent letter to Governor Wanton, which will be found in the order of its date, the Earl of Dartmonth complains of the publication of his letter of the 4th of Septem- ber, in the common newspaper, parts of which, were "secret and confidential, and addressed personally" to himself. His Lordship fears, too, that this act "caunot be considered as entirely corresponding with the assurances given, of paying the strictest attention and deference to such orders" as he may transmit to the Governor.
The following letters from Governor Hutchinson, of Massachusetts, to a gentleman in London, are from "The Remembrancer," for the year 1776, Vol. II., p. 59 :
Governor Hutchinson to Secretary Pownall.
"Boston, 29th August, 1772.
Dear Sir :- I troubled you with a long letter the 21st July. Give me leave now only to add one or two things, which I then intended, but to avoid being too tedious, omitted.
People in this province, both friends and enemies to government, are in great expecta- tions from the late affair at Rhode Island, of the burning the King's schooner ; and they con- sider the manner in which the news of it will be received in England, and the measures to be taken, as decisive. If it is passed over without a full inquiry and dite resentment, our liberty people will think they may with impunity commit auy acts of violence, be they ever so atrocious, and the friends to government will despond and give up all hopes of being able to withstand the faction.
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In the " Massachusetts Spy, or Thomas's Weekly Journal," published at Boston, on the 31st December, 1772, is the fol- lowing, which is doubtless the chief portion of the missing letter referred to.
Extract of a Letter from Lord Dartmouth to the Governor of Rhode Island.
" The following may be depended upon, as a genuine extract of the letter from Lord Dartmouth, to the Governor of Rhode Island, dated Whitehall, September 4, 1772 :
'The particulars of that atrocious proceeding (referring to the burning the Gaspee schooner), have, by the King's command, been examined and considered with the greatest attention ; and although there are some circumstances attending it, in regard to the robbery and plunder of the vessel, which, separately considered, miglit bring it within the deseription of an act of piracy, yet, in the obvious view of the whole transaction, and taking all the circumstances together, the offence is, in the opinion of the law servants of the crown, who have been consulted upon that question, of a much deeper dye, and is considered in no other light, than as an act of high treason, viz. : levying war against the King.
And, in order that you may have all proper advice and assistance, in a matter of so great importance, His Majesty has thought fit, with the advice of his Privy Council, to issue his royal commission. under the great seal of Great Britain, nomi- nating yourself and the chief justices of New York. New Jersey, and the Massachu- setts Bay, together with the judge of the vice admiralty court established at Boston, to be Ilis Majesty's commissioners for inquiring into, and making report to His Majesty, of all the circumstances relative to the attacking, plundering and burning the Gaspee schooner.
The persons who were the immediate actors, are men of estate, and property, in the enlony. A prosecution is impossible. If ever the government ot that colony is to be re. formed, this seems to be the time ; and it would have a happy effect in the colonies which adjoin to it. Several persons have been advised by letters from their friends, that as the ministry are united, and opposition a' an end, there will certainly be an inquiry into the state of America, the next session of Parliament. The denial of the supremacy of Parlia- ment, and the contempt with which its authority has been treated by the Lilliputian As- semblies of America, can never be justified or excused by any one member of either House of Parliament."
Governor Hutchinson to Samuel Hood, Esq.
"Boston, 2d September, 1772.
Dear Sir :- Capt. Linzee can inform you of the state of Rhode Island colony better than I can du; so daring an insult, as burning the King's schooner, by people who are as well known as any who were concerned in this last rebellion, and yet cannot be prosecuted, will certainly ronse the British lion, which has been asleep these four or five years.
Admiral Montagu says that Lord Sandwich will never leave pursuing the colony, until it is disfranchised. If it is passed over, the other colonies will follow the example."
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The King trusts that all persons in the colony, will pay a due respect to his royal commission, and that the business of it will be carried on without molestation ; at the same time, the nature of this offence, and the great number of persons who appear to have been concerned in it, makes every precaution necessary. His Majesty, has, therefore, for their further support in the execution of this duty, thought fit to direet me to signity Ins pleasure to Lieutenant General Gage, that he do hold himself in readiness to send troops into Rhode Island, whenever he shall be called upon by the commissioners for that purpose, in order to aid and assist the civil magistrate in the suppression of any riot or disturbance, and in the preservation of the public peare. I have only to add, upon that head. that His Majesty depends on the vigilance of the civil magistrates of the colony. to take the proper measures for the arresting and committing to custody, in order to their being brought to justice, such persons, as shall, upon proper information made before them, or before His Majesty's commis- sioners, appear to have been concerned in the plundering and destroying the Gaspee schooner.
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