USA > Rhode Island > A history of the destruction of His Britannic Majesty's schooner Gaspee, in Narragansett Bay, on the 10th June, 1772 > Part 7
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Boston, Ilth December. 1772.
Sir :- Last night an express arrived, with dispatches from the Right Honorable My Lords Commissioners of the Admiralty, by which came under cover to me, the packet I send to you, herewith.
the privileges of an Englishman, will soon be infinitely worse thau that of a subject of France, Spain, Portugal, or any other the most despotie power on earth ; so that, my coun- trymen, it behoves you, it is your indispensable duty to stand forth in the glorious cause of freedom, the dearest of all your earthly enjoyments; and, with a truly Roman spirit of liberty, either prevent the fastening of the infernal chains now forging for you, and your posterity, or nobly perish in the attempt.
To live a life of rational beings, is to live free; to live a life of slaves, is to die by inches. Ten thousand deaths by the halter, or the axe, are infinitely preferable to a miserable life of slavery in chains, under a pack of worse than Egyptian tyrants, whose avarice nothing less than your whole substance and income, will satisfy ; and who, if they can't extort that, will glory in making a s verifice of you an I your posterity, to gratify their master the devil, who is a tyrant, and the father of tyrants and of liars. AMERICANUS.
Extracts from the Providence Gazette, of Saturday, December 26, 1772.
Newport, December 21, 1772.
Extract of a letter from a gentleman in Boston, to his friend in this town :
" I here enclose you an extract of a letter from a gentleman in England, to another in Boston. In confirmation of the truth of which, the admiral received a packet by an express which arrived in this town on Thursday evening last, ordering the ships to your harbor ; in consequence of which order, the ships are now getting ready as fast as possible: they were kept to work all day yesterday, and commanded to be ready to sail on Tuesday afternoon, or Wednesday morning, at furthest.
The admiral is in very high spirits on the occasion, and cheerfully undertakes an expedi- tion which promises to gratify his rancor against your colony. It is to be hoped, from his avowed disposition towards our Rhode Island brethren, that he will meet with a proper re- ception among them.
I have just received information which you may depend upon : the high commissioned court, specially appointed, with novel, unconstitutional aod exorbitant powers, for the trial of the persons concerned in hurniog the schoo er, are forthwith to repair to Rhode Island for that purpose; and are to be accompanied with His High Mightiness the Admiral.
The regiment at Castle William, a regiment from New York, and a third regiment, are immediately to march for Rhode Island ; and unless you exhibit a quantum wwfheit of passive obedience and non-resistance, the same tragedy may be acted in Newport and Providence, which makes the 5th of March so memorable at Boston."
Extract of a letter from a gentleman of character, in England, to his friend, in Boston :
" Our tyrants in the administration, are greatly exasperated with the late manœuvre of the brave Rhode Islanders; as a regard to the rights of the subject, and the principles of justice, never marked the measures of the preseut wretched conductors of the wheels of gov- ernment, you will not be alarmed when I tell you that they have determined to vacate the
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THE DESTRUCTION OF THE GASPEE.
As it may be of great consequence. I have thought proper to charge Mr. Mon- tagu, one of my lieutenant-, with it .*
In my despatches from their Lordships, I am directed to repair to Rhode Island. to assist you, and the rest of the gentlemen in the commission, which I shall do as
charter of that colony. To effect this purpose, which in their own apprehension, will be attended with some difficulty, Admiral Montagu is ordered. with the small craft which are with hion, to line the bar bor of Rhode Island, with positive orders to apprehend the persons concerned in the euterprize above mentioned.
Awed by the formidable appearance of this heet ring commander and his gallant squa- dron, these bitter pills are to be crammed down their throats; but the friends of true British freedom, are not without hopes that the stomachs of that hervic colony will reject the dose prepared for them.
Be united, our dear suffering brethren ; be steady, and success awaits you ; freedom, glo- rious freedom, will be the purchase. We believe that the ancient British spirit of independ- ence, which once blest this island, has improved by transplantation, and preserves its vigor in the breasts of Americans; cherish it, my dear friends ! and by relieving yourselves, save the small remnant of the virtuous in Britain."
Extract of a letter from a gentleman in Boston, to his friend, in this town, dated Decem- ber 14, 1772:
" I would have you inform your townsmen, that the admiral has hoisted his flag on board one of the frigates, and will sail for Newport, in a day or two ; and is determined to lay your town and Providence, in ashes ; he swore by God ( some time ago), that he would burn the town of Providence to ashes. Mr. P-, of this town, will attest to it ; hope you will try him for treason.
It is surmised, that they are going to deprive you of your charter; hope you will give it up peaceably, like true friends to government, and not contend with your superiore, but be subject to the higher powers; for the powers that be, are ordained (I believe), of the devil."
* The following is from the Providence Gazette, of December 19, 1772 :
"By the Cruizer sloop-of-war, Capt. Howe, arrived at New York, from England, His Honor the Governor, has received dispatches from the Earl of Dartmouth, secretary of state for the American department, relative to the Gaspee armed schooner, destroyed some time since, and the very extraordinary measures adopted by government for inquiring into the matter, and punishing the offenders.
For this purpose, we are told that commissioners are to sit at Newport, and crumine such persons as Admiral Montagu shall direct to he apprehended. These devoted persons, it is further said, are to be transported to England, where they are to he tried for high treason. The admiral, with a number of ships and tenders, is to be at Newport; and the com- missioners are directed to apply to General Gage for troops, if they shall think them necessary.
In this situation of affairs, every friend to our violated constitution, cannot but be greatly alarmed. The idea of seizing a number of persons, under the points of bayonets, and transporting them three thousand miles for trial, where, whether guilty or innocent, they must unavoidably fall victims alike to revenge or prejudice, is shocking to humanity, repug- nant to every dictate of reason, liberty and justice; and in which, Americans and freemen ought never to acquiesce."
Extract from the proceedings of a town meeting held at Dorchester, in the Massachusetts Bay, Jannary 4, 1773 :
" Resolved, that at a time when open attacks upon our happy constitution are multiplied, it is incumbent upon the people to be watchful ; and especially at this time, when we are alarmed with a new and unheard of grievance, in a late act passed by the British Farli- ment, wherchy the crown is empowered, so that persons supposed to be guilty of certain
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THE DESTRUCTION OF THE GASPEE.
soon as you inform me that you are ready, with the commissioners, to proceed to business, and deliver the commission, and the King's instructions to you.
In the meantime. Captain Keeler. in His Majesty's ship Mereury, has my orders to assist you. and receive any prisoners or persons you may send him. Permit me to say, I should think it advisable to have the persons apprehended that I sent you an account of some months ago, which the indentured mulatto informed of, and has sworn again-t. The mulatto remains on board with the captain, and shall be ready to attend the commission, whenever he is called for.
As I find Capt. Keeler is often made a prisoner. from frequent arrests he meets with, as well as insults when he comes on shore, I am to desire, in case the commis- sion should at any time want him, you will direct his person to be secured from in- sults or arrests.
Whenever you will favor me with your commands. you will find me ready to eo- operate with you in every thing for the King's service.
I have the honor to be, sir, &c., &c., J. MONTAGU.
To Governor Wanton.
P. S. I must beg leave to recommend to you, as first in the commission, to ap- point a time for the first meeting, and to give notice to the other gentlemen named in the commission and me ; and that you will make the time as short as you can, consistent with proper notice. for particular reasons.
This led to the following correspondence before the opening of the session of the commissioners :
The Governor of Rhode Island to Admiral Montagu.
Newport, December 14, 1772.
Sir :- I am favored with yours, by Mr. Montagu, together with dispatches from the Right Honorable the Earl of Dartmouth, respecting the destruction of the Gaspee.
I shall appoint a time for meeting the commissioners authorized to inquire into
crimes, may be hurried away from any county io North America, where such crime may be supposed to have been committed, to be tried in any county in England, where His Majesty or his successors shall judge proper ; which appears to us to come little short of any court of inquisition, and appears plainly to us destructive of the main pillar of the British constitution."
Extract from the proceedings of a town meeting, held at Ipswich, io the Massachusetts Bay, December 17, 1772:
" Resolved, that we have been of late greatly alarmed at the appointment of commis- sioners, in consequence of a late act of Parliament, entitled ' An act for the better perserv- ing His Majesty's dockyards, magazines, ships, ammunition and stores, and to inquire after the persons concerued in burning !his Majesty's schooner, the Gaspee, at Providence ;' which, though a very unjustifiable act, yet we apprehend this method of proceeding, an in- fringement upon the liberty of the subject, and of the most dangerous consequence, as the constitution has already provided a method for the trial of those, and all other offenders."
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THE DESTRUCTION OF THE GASPEE.
the circumstances of that transaction. as soon as may be. and give you the earliest intelligence thereof. in conformity to Ilis Majesty's orders. His Majesty's prorla- mation I shall cause to be printed without delay, and sent into the several towns within the colony.
I am, &r .. &c., J. WANTON.
To the Honorable J. Montagu.
The Governor of Rhode Island, to Peter Oliver, Esq., Chief Justice of Massachusetts.
Newport. December 14. 1772.
Sir :- By express from Admiral Montagu, I have this moment received a letter from the Earl of Dartmouth, advising of your being one of the commissioners for in- quiring into the circumstances of burning the schooner Gaspee. I have thought proper to give you this information. and that I shall fix upon a time for meeting the commissioners, and give yon and the other gentlemen named in the commission, notice thereof, without delay.
I am, &c., &c., J. WANTON.
To the Honorable Peter Oliver, Exy.
The Governor of Rhode Island to Robert Auchmuty, Esq., Judge of the Vice Admiralty Court, Boston.
Roxbury, December 11, 1772.
Sir :- I embrace this opportunity of acquainting you, that I have received His Majesty's orders to attend you and the other gentlemen, commissioners for examining into the business and plundering the schooner Ga-pec. In obedience to which, I shall, on notice, with all convenient dispatch, attend yon on that affair. I shall be glad to know when you think the gentlemen can be got together : and am,
Your Honor's most obedient servant. ROBERT AUCHMUTY.
To Governor Wanton.
The Governor of Rhode Island to Judge Auchmuty.
Newport, December 14, 1772.
Sir :- I have received your favor by Mr. Montagn. I shall fix upon a time for meeting the commissioners, appointed to inquire into the circumstances of destroying the Gaspee schooner. and give you and the other gentlemen, mentioned in the com- mission, the earliest intelligence thereof. I am, &c .. &c.,
J. WANTON.
To the Hon. Robert Auchmuty.
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THE DESTRUCTION OF THE GASPEE.
Circular of the Governor of Rhode Island to Judges Oliver and Auchmuty.
Newport, December 24, 1772.
Sir :- When I received the Earl of Dartmouth's letter of the 4th of Sep- tember, and in consequence thereof, wrote you on the 14th inst., I was preparing to set out for the Assembly, who were adjourned to meet that day at Providence, and therefore I had not then time to attend so maturely to Ifis Lordship's letter as its importance required.
The letter I received from Admiral Montagu, by the same express which brought me the dispatches from Lord Dartmouth, induced me to suppose I was authorized to appoint a time for the first meeting of the commissioners ; but as Lord Dartmouth has signified to me, that my associates in the commission, are directed to repair to Newport, and by a vessel this day from New York, I am informed that the chief justice of that province, and the chief justice of New Jersey have engaged their pas- sages, and will be here some time next week.
I thought it proper to give you this information, and that I am ready to meet yeu, agreeably to the royal instructions, whenever it may suit your convenience to attend. As soon as a quorum can be got together, I shall, without loss of time, notify Ad- miral Montagu, in obedience to the King's command.
I am, sir, &c., &c., J. WANTON.
Circular to the Judges Oliver and Auchmuty.
The Governor of Rhode Island to the Sheriffs of the several Counties.
Newport, December 22, 1772.
Sir :- In obedience to the King's command, signified to me, by the Right Honora- ble the Earl of Dartmouth, one of his principal secretaries of state, I have caused to be printed His Majesty's proclamation for discovering and apprehending the per- sons who plundered and burnt the Gaspee schooner ; copies of which, I send you by express, which you are forthwith to affix in the most public places of the severa towns within your colony.
I am, sir, &c., &c., J. WANTON.
Circular to the sheriff's of the several counties.
The Governor of Rhode Island to Admiral Montagu.
Newport, December 24, 1772.
Sir :- By a vessel this day from New York, I am informed that the Judges Hors- manden and Smythe, have engaged their passages in the sloop Lydia, John Free- body, master, and will probably be here in about a week. I give you this informa- tion, for your government. I am, sir, &c., &c.,
To Admiral Montagu. 9
J. WANTON.
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THE DESTRUCTION OF THE GASPEE.
Admiral Montagu to the Governor of Rhode Island.
Boston, 28th December, 1772.
Sir :- I am favored with your letter, informing me that the Judges Horsmandeu and Smythe are expected at Rhode Island in the course of the week. If you will be pleased to inform me when you are ready to receive Ilis Majesty's commission, I will take eare to have it delivered agreeably to my instructions.
I shall be glad to know whether you intend to proceed to business, or adjourn to any particular time, that I may conduet myself relative to His Majesty's service here, accordingly.
I am, sir, &e., &e., J. MONTAGU.
To His Honor Governor Wanton.
The Governor of Rhode Island to Admiral Montagu.
Newport, January 1, 1773.
Sir :- The Judges Horsmanden and Smythe arrived here last evening, from New York, and are ready to proceed immediately upon business. A number sufficient to constitute a quorum. are now assembled at Newport, waiting to receive from you the royal commission and instructions, of which I have thought it proper to give you this information, by express.
I shall be glad to wait upon you, at Newport; and am, sir, &c., &e., J. WANTON.
To Admiral Montagu.
The Governor of Rhode Island to Judge Auchmuty.
Newport, January 1, 1773. Sir :- The Judges IIorsmanden and Smythe arrived last evening from New York. This will be delivered you by express I send to the Admiral ; and hope I shall have the pleasure of waiting on you this week, if your health will permit.
My letter to Judge Oliver, you have, without doubt, sent him. I am, therefore, in expectation of seeing him, every Lour. I have only to add the compliments of the season ; and am, sir, &c., &c., J. WANTON.
To Judge Auchmuty.
The Governor of Rhode Island to Capt. Robert Keeler, of His Majesty's Ship Mercury.
Newport, January 4, 1773.
Sir :- The commissioners meet at twelve o'clock this day, at the colony house; at which time, I expect the return of the express, when it is probable it will be deter- mined whether it is proper to defer opening the commission until the admiral ar- rives. Your attendance will be necessary. I am yours, &c., &c.,
J. WANTON.
To Captain Robert Keeler.
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THE DESTRUCTION OF THE GASPEE.
Admiral Montagu to the Governor of Rhode Island.
Boston, 2d January, 1773, at 3 o'clock, afternoon.
Sir :- I am this moment favored with your letter. by express, acquainting me that the Judges Horsmanden and Smythe are arrived at Newport, and ready to pro- eeed immediately upon business, and are therefore ready to receive His Majesty's royal commission, which, by my instructions, I am to eanse to be delivered to them.
I beg leave to inform you. that my captain left this place yesterday morning, charged with the commission to be given to Captain Keeler, the senior officer of His Majesty's ships at Rhode Island, who has my orders to wait on you, and know your pleasure, when he shall wait upon the commissioners with it.
He is also directed to give the commissioners all the assistance in his power, and to receive such persons, either prisoners or witnesses, as they shall send to him.
He has likewise my directions to inform the commissioners that he has some peo- ple on board that ean give information relative to the burning the Gaspee, as well as of the persons concerned in that affair ; and he is directed to send them to the commissioners whenever they are pleased to demand them.
As the season of the year does not admit of my coming to Rhode Island with my flag, and such ships as shall be necessary to assist the commissioners, agreeably to my instructions; yet, if the commissioners shall think it right, and for the good of the service they are upon, that my presence is necessary, I shall be ready to set out the moment I receive such notice from them. But I flatter myself they will be able to do so, without me, as I have nothing to do but to receive such persons as may be sent from them.
I am, &c., &c., J. MONTAGU.
To Governor Wanton.
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THE DESTRUCTION OF THE OASPEE.
PROCEEDINGS OF THE ROYAL COMMISSION, FOR INQUIRING INTO THE CIRCUMSTANCES RELA- TIVE TO THE TAKING AND BURNING OF HIS MAJESTY'S SCHOONER GASPEE.
The commissioners met at the state house, in Newport, on the 5th day of January, 1773.
Present-the Hon. Joseph Wanton, Daniel Horsmanden, Esquire, Frederick Smythe, Esquire, Peter Oliver, Esquire, and Robert Auchmuty, Esquire.
COLONY OF RHODE ISLAND AND PROVIDENCE PLANTATIONS :
Proceedings had and taken by virtue of a royal commission, under the seal of Great Britain, directed to the Honorable Joseph Wanton, Esq., Governor of the English colony of Rhode Island and Providence Plantations, in New Eng- land, in America ; Daniel Horsmanden, Esq., chief justice of the Province of New York ; Frederick Smythe, Esq., chief justice of the Province of New Jersey ; Peter Oliver, Esq., chief justice of the Province of Massachusetts Bay, in New England ; Robert Auchmuty, Esq., judge of the vice admiralty court, established at Boston, with jurisdiction in all causes arising within the limits of the colonies of New Hampshire, Massachusetts Bay, Rhode Island and Connec- ticut, commissioners appointed for inquiring into and re- porting to His Majesty a full and true account of all the circumstances relative to the attacking, taking, plundering and burning His Majesty's armed schooner, called the Gas- pee, commanded by Lieutenant William Dudingston, within the colony of Rhode Island, in America, on the 10th day of June, A. D. 1772 ; and for other purposes therein men- tioned, at the colony house, at Newport, in Rhode Island, Tuesday, the 5th day of January, A. D. 1773, the above commissioners being present.
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THE DESTRUCTION OF THE GASPEE.
His Majesty's said royal commission, with instructions to said commissioners, under His Majesty's signet and sign manual, were delivered to the said commissioners, by Robert Keeler, Esq., commander of His Majesty's ship Mercury, which said commission was publicly read and proclaimed.
On the perusal of said instructions, the commissioners con- ceived that the presence of Rear Admiral Montagu, com- mander in chief of Ilis Majesty's ships and vessels employed in North America, was necessary, for the furtherance of the present service.
The following letter was thereupon written, and delivered by James Clarke, one of the secretaries to the commissioners, to Captain Symonds, to be by him immediately conveyed to Admiral Montagu :
The Commissioners of Inquiry, S.c., to Admiral Montagu.
Newport, January 5, 1773.
Sir :- We. His Majesty's commissioners, for inquiring into the attacking. burning and plundering His Majesty's schooner. the Gaspee. &c., being met at this place, in order to prevent the delay of business. thought proper to receive the royal commis- sion and instructions, from Capt. Keeler, which, uutil yours of the 2d inst., we con- eluded would have been delivered by you.
This day the commission was opened and published, and the instructions carefully perused ; in one, of which, we find the following words : " To the end that they may be accordingly 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."
By virtue of these words, we conceive, that in case any person or persons should be arrested for the above mentioned crime, you are the only person to whom such prisoners can regularly be delivered for safe custody : therefore, we think your at- tendance at Newport, is absolutely necessary. We are sorry to give you this trouble ; but our duty, as we apprehend, obliges us to do it.
We are, sur, with great respect, Your most humble and obedient servants, JOSEPH WANTON, FREDERICK SMYTHE,
DANIEL HORSMANDEN, PETER OLIVER,
ROBERT AUCHMUTY,
To Admiral Montagu.
Commissioners.
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THE DESTRUCTION OF THE GASPEE.
The commissioners then proceeded to take the usual state oaths, which were administered first by Daniel Horsmanden, Esq., to Joseph Wanton, Esq., and afterwards by him, to the other commissioners.
The commissioners then appointed James Brenton and James Clarke, Esqs., joint secretaries, who were accordingly sworn truly and faithfully to execute the duties of their office.
The following is the form of the oath taken by the com- missioners :
The form of the Oath taken by the Commissioners.
We do solemnly and sincerely, in the presence of God, profess, testify and de- clare, that we do believe, that in the sacrament of the Lord's supper, there is not any transubstantiation of the elements of bread and wine into the body and blood of Christ, at or after the consecration thereof, by any person, whatsoever; and that the invoca tion or adoration of the Virgin Mary. or any other saint, and the sacrifice of the mass, as they are now used in the Church of Rome, are superstitions and idolatrous. And we do solemnly, in the presence of God. profess, testify and declare, that we do make this declaration and every part thereof, in the plain and ordinary sense of the words read unto us, as they are commonly understood by English Protestants, without any evasion, equivocation or mental reservation, whatsoever; and without any dispensation already granted us for this purpose by the Pope, or any other au- thority or person, whatsoever ; or without any hope of any such dispensation from any person or authority, whatsoever ; or withont thinking that we are. or can be acquitted before God or man, or absolved of this declaration, or any part thereof. although the Pope, or any other person or persons, or power, whatsoever, shall dispense with, or annul the same, or declare that it was null and void. from the
beginning. J. WANTON, FRED. SMYTHE,
DAN. HORSMANDEN, ROBT. AUCHMUTY, PETER OLIVER.
We do truly and sincerely acknowledge, profess, testify and declare, in our con- sciences, before God and the world, that our sovereign lord, George the Third, is the lawful and rightful King of this realm, and all other Ilis Majesty's dominions therennto belonging. And we do solemnly and sincerely declare, that we do be- lieve, in our consciences, that not any of the descendants of the person who pre- tended to be Prince of Wales during the life of the late King James the Second. and since his decease pretended to be, and took upon himself the style and title of King of England. by the name of James the Third; or of Scotland, by the name of James the Eighth ; or the style and title of King of Great Britain, hath any right or title, whatsoever, to the crown of this realm, or any other the dominions there- unto belonging. And we do renounce. refuse, and abjure any allegiance or ohedi-
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