USA > Rhode Island > A history of the destruction of His Britannic Majesty's schooner Gaspee, in Narragansett Bay, on the 10th June, 1772 > Part 8
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THE DESTRUCTION OF THE GASPEE.
ence to any of them. And we do swear, that we will bear faithful and true allegi- ance to His Majesty King George the Third, and him will defend to the utmost of our power. against all traitorous conspiracies and attempts. whatsoever, which shall be made against his person, crown or dignity. And we will do our utmost endeavor to disclose and make known to His Majesty, and his successors, all treason and trai- torous conspiracies which we shall know to be against him or any of them. And we do faithfully promise to the utmost of our power. to support, maintain and de- fend the succession of the crown against the descendants of the said James, and against all other persons, whatsoever ; which succession. by an act entitled " An act for the further limitation of the crown, and better securing the rights and liberties of the subject," is, and stands limited to the princess Sophia, electoress and duchess dowager of Hanover, and the heirs of her body, being Protestants. And all these things we do plainly and sincerely acknowledge and swear, according to these ex- press words by us spoken, and according to the plain and common sense and under- standing of the same words. without any equivocation, mental evasion, or secret reservation, whatsoever. And we do make this recognition, acknowledgment, ab- juration, renunciation and promise heartily, willingly and truly, upon the true faith of a Christian. So help us God.
J. WANTON, DAN. HORSMANDEN, PETER OLIVER.
FRED. SMYTHE,
ROBT. AUCHMUTY,
We do swear, that we do, from our hearts, abhor, detest and ab- jure, as impious and heretical. that damnable doctrine and position, that princes excommunicated or deprived by the Pope or any au- thority of the See of Rome, may be deposed or murdered by their subjects, or any other, whatsoever. And we do declare, that no foreign prince, person, prelate, state, or potentate, hath, or ought to have, any jurisdiction, power, superi- ority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help us God.
Mantou >
Dans Klorem anden Fils: Smyth. etellivery - Rots auchmuty
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THE DESTRUCTION OF THE GASPEE.
The proceedings of the said commission were then adjourned till to-morrow, at 11 o'clock, then to meet at the colony house, aforesaid.
Wednesday, January 6, 1773. The commissioners met, according to adjournment.
The commissioners determined that it was necessary that an advertisement be published in the next Newport Mercury, giving notice that the said commissioners had assembled, and were now daily sitting at the colony house, in Newport, for the purpose of proceeding upon, and duly executing the said commission ; and that they are ready to receive information relative to the attacking, taking, plundering and burning the Gas- pee schooner, on the 10th of June last past ; in consequence of which resolutions, the following advertisement was ordered to be published :
Advertisement in the Newport Mercury, of the meetings of the Commissioners.
" COLONY OF RHODE ISLAND AND PROVIDENCE PLANTATIONS !
The public are hereby informed, that the honorable the commissioners, appointed under the seal of Great Britain, for inquiring into the circumstances of attacking, plundering and burning His Majesty's schooner Gaspee, under the command of Lieutenant William Dudingston. on the 10th of June last, are now convened. and continue to sit every day, Sundays excepted, at the colony house, in Newport, in conformity to His Majesty's instructions.
Wherefore, all persons who can give any information to the said commissioners, relative to the assembling. arming and leading on the persons who made the said attack, and the directing and preparing the same, are requested forthwith to give information thercof. to said commissioners at the above mentioned place.
By order of the commissioners .-- JOSEPHI BRENTON. JAMES CLARKE, Secretaries."
The proceedings on said commission, were then adjourned till to-morrow, at 10 o'clock ; then to meet at the colony house, aforesaid.
Thursday, January 7, 1773. The commissioners met, according to adjournment. .
Present-Joseph Wanton, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., Robert Auchmuty, Esq.
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Governor Wanton laid before the commissioners four letters; which had passed between him, Admiral Montagu and Lien- tenant Dudingston ; also, one other letter, signed by Governor Wanton, and transmitted by him, by order of the General As- sembly, of the colony, aforesaid, to Rear Admiral Montagu ; which letters, are prior in date, to the attacking and burning His Majesty's schooner Gaspee, which were read, and ordered to be put on file.
Sundry papers, letters and depositions, to the number of twenty, containing the proceedings of the Governor and Deputy Governor of the colony, aforesaid, relative to the burn- ing the schooner, were delivered by Governor Wanton to the commissioners, which were also read, and ordered on file.
Governor Wanton informed the commissioners, that Mr. Sessions, Deputy Governor of the colony, was in Newport, and ready to attend the commissioners, to give them an ae- count of the steps he had taken, in order to discover the per- sons who destroyed His Majesty's schooner Gaspee.
A message was sent to Mr. Sessions, requesting his attend- ance ; who accordingly came before the commissioners, and was by them requested to give in writing, upon oath, a full and particular account of the measures he had taken, in order to the discovery of the persons who perpetrated the aforesaid crime ; which he assured the commissioners he would do, without loss of time.
Stephen Hopkins, Esq., Chief Justice of said colony, also appeared before the commissioners, and assured them he was ready and willing to aid and assist the commissioners in the ex- ercise of the power and authority with which they are in- vested, for discovering the persons who destroyed the Gaspee schooner, &c.
The commissioners then requested Mr. Hopkins to give them, in writing, a full and particular account of all the proceedings had and done by him, for discovering and bringing to justice the persons who committed the aforesaid offence ; and also what knowledge or information he had obtained of the assem- 10
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bling, arming and leading on the persons who perpetrated the same ; which he also promised to do, without loss of time.
The proceedings on the commission were then adjourned till to-morrow, at 10 o'clock before noon ; then to meet at the colony house, aforesaid.
Friday, January 8, 1773.
The commissioners met, according to adjournment.
Present-Joseph Wanton, Esq., Daniel Horsmanden, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., Robert Auch- muty, Esq.
Mr. Brenton, one of the secretaries under the present com- mission, was examined by the commissioners, touching the ob- struetion to the execution of a warrant issued by Metcalfe Bowler, Esq., on the 17th of July last, in order to apprehend the negro Aaron, then on board His Majesty's ship, the Beaver ; which examination, was reduced to writing, sworn to before the commissioners, and ordered to be filed.
Deposition of James Brenton.
James Brenton. now residing in Newport. in the colony of Rhode Island, in North America, Esy., being of full age, duly sworn upon the holy evangelists, deposes and saith :
That, upon the 17th day of July last, he was requested by the Hon. Joseph Wan- ton, Esq., Governor of the colony of Rhode Island, aforesail. to attend Robert Lilli- bridge. one of the deputy sheriff's in the county of Newport, iu said colony, who was ordered with a warrant from Metcalfe Bowler, Esq., one of the justices of' assize, in said colony, to repair on board His Majesty's ship, the Beaver, and to make diligent search for one Aaron, a mulatto lad. charged with being concerned (with others un- known). in attacking and burning His Majesty's schooner, the Gaspee, on the 10th of June last ; and upon finding the said Aaron, to take him before the said Meteall'e Bowler, or some other lawful authority, in order that the said Aaron might be ex- amined relative to the said transaction, and be proceeded against, according to law
That this deponent. about 1 o'clock, in the afternoon, of the said 17th day of July, went with the said deputy sheriff. from said Newport, in order to go on board Ilis Majesty's ship. the Beaver, then lying in the harbor of Newport ; that, when the boat in which this deponent and the said deputy sheriff were, came near the said ship, they were forbidden by the sentinel, upon the ship's gangway, from going on board.
This deponent then acquainted a person. who appeared to be the commanding officer, upon the deck of the said ship, that he, this deponent, with your said deputy
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sheriff, w re then come to demand that Aaron, a mulatto lad. who was charged with being concerned in the attacking and burning the schooner Gaspee, and who. they were informed, was then on board said ship. might be delivered to the deputy sheriff, in pursuance of a warrant for that purpose.
That the said officer then on deck, answered this deponent, that Captain Linzee, the commander of the said ship, was not on board ; and that he, the said officer, could do nothing without orders. The said officer further acquainted them, that Capt. Linzee was then on shore, at Brenton's Point.
That, this deponent then, together with the said deputy sheriff, went on shore, at the farm of Jahleel Brenton ; where, at the >aid Jahleel Brenton's house. this de- ponent saw the said Capt. Linzee, and acquainted him that he came to attend the deputy sheriff with a warrant, in order to demand of him. the said Capt. Linzee, that he wonld deliver up to the civil magistrate a mulatto boy, ealled Aaron (who, they were informed, was on board the Beaver man-of-war, under his command), in order for his examination and commitment ; and at the same time, this deponent showed to the said Capt. Linzee, the said warrant. and he was then and there re- quested to deliver up said mulatto. in consequence thereof.
To which, the said Capt. Linzve then answered, that it was true that he had the said mulatto then on board His Majesty's said ship, the Beaver; but that he would not deliver him to any civil authority, whatever, in the said colony.
This deponent then told Capt. Linzee, that he, this deponent, came to wait upon the said Capt. Linzee, at the particular request of Governor Wanton, the chief mag- istrate of said eolony. in order to explain to him, if necessary, the nature of the war- rant, and the impropriety of Capt. Linzee's conduct, in withholding a man charged with a capital crime, from the civil power.
To which, Capt. Linzee replied. that he knew no civil authority, in said colony ; that, in regard to the Governor, he was a damned rascal. and that Admiral Mon- tagu's power was the only power he knew in America. and without his orders he should not deliver the said mulatto.
The deponent then asked him. the said Capt. Linzce. it he had any doubt about the legality of the warrant. which this deponent held in his hand ?
To which. Capt. Linzee, looking carele-ly upon it, said, it might be good for what he knew ; but that he did not regard it any more than it' it was a piece of blank paper.
This deponent further saith, that the deputy sheriff (who was with this deponent, at Jahleel Brenton's farm.) did not go into the house where Capt. Linzee was, but waited without doors, as Capt. Linzee (being at that time suspicious of being ar- rested by civil process. on account of some seizures which had been made by him.) would not consent that the deputy sheriff should see him. And further this depo- nent saith not.
Newport. January 8, 1773.
J. BRENTON.
Sworn to, before the commissioners,-
J. WANTON, DAN. HORSMANDEN, ROBT. AUCHMUTY,
FRED. SMYTHIE, PETER OLIVER.
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The commissioners thought it advisable to defer the exami- nation of any of the witnesses respecting the burning of the Gaspee, &c., until the arrival of Admiral Montagu, at New- port ; or they receive an answer from him, to their letter writ- ten the 5th inst., and transmitted by Capt. Symonds.
The proceedings on the commission then adjourned till to- morrow, at 10 o'clock, in the forenoon, then to meet at the colony house, aforesaid.
Saturday, January 9, 1773.
. The commissioners met, according to adjournment.
Present-Joseph Wanton, Esq., Daniel Horsmanden, Esq., Frederick Smythe, Esq., Peter Oliver, Esq. and Robert Auchmuty, Esq.
Darius Sessions, Esq., Deputy Governor of the colony of Rhode Island, attended the commissioners, with a declaration in writing, containing a full and particular account of the measures he had taken, in order to make a discovery of the persons concerned in the attacking and burning the Gaspee schooner ; which was read, sworn to, and ordered to be filed.
Deposition of Deputy Governor Darius Sessions.
COLONY OF RHODE ISLAND, &C .:
Be it remembered, that at Newport, in said colony, on the 9th day of January, in the year of our Lord 1773, before the commissioners appointed by a commission un- der the great seal of Great Britain, for inquiring into and reporting unto His Majesty, all the circumstances of burning His Majesty's schooner Gaspee, &c., on the 10th of June last, in his proper person. eame and appeared the Hon. Darius Sessions, Esq., of Providence, and Deputy Governor of the colony, aforesaid ; who being duly sworn upon the holy evangelists of Almighty God, testifieth and saith :
That in the 9th of June last, at about 9 o'clock, he heard a drum beat in the street, opposite to his house. Soon after he went to his window and looked out, and saw the drumn surrounded by a number of' boys, at some distance from- the house, going up street ; in a short time afterwards, he heard the drum returning ; wherenpon, he went back to his window, where he remained until it passed his house ; and, as the moon shone very bright, he could plainly discover they were only a company of boys, not exceeding ten or twelve in number; two or three of which, appeared to be about thirteen or fourteen years of age ; the others about ten or twelve ; and concluding they were gathered together for no other design than to divert themselves with the drum, he retired from his window, without saying any-
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thing to the boys; soon after which. the noise of the drum ceased: the remaining part of that night. he heard not the least noise or disturbance in the streets. or in any other part of the town, nor received any the least hint. suggestion. intimation or information of any riot, ontrage or tumultuous assembling of the people, nor intention thereof; neither did he then know there was an armed vessel in the river, nearer than the town of Newport, which is thirty miles from Providence ; had he known, or even suspected any riot, his utmost endeavors would have been exerted in surpress- ing it.
The next morning, one of his neighbors came and told him the Gaspee was burnt, and the captain wounded; and that an express had arrived in town for a surgeon, to dress the wounds of the officer, who lay then at Pawtuxet, about five miles from Providence.
Immediately upon hearing this disagreeable news, he set out with a design to examine into the affair ; and when he reached Pawtuxet, he saw the schooner on fire, lying on a point of land, called and known by the name of Namquit Point, about two miles from Pawtuxet, in the town of Warwick, in the county of Kent, and colony. aforesaid.
He made inquiry if any of the offenders were known, but could get no informa- tion ; he then went to a small house by the shore, where he heard Lieutenant Dud- ingston was lodged, and there found him in dangerous circumstances.
He told Lieutenant Dudirgston it' he wanted money, surgeons, or better lodgings, or any kind of assistance, he should have every relief in his power.
Mr. Dudingston replied, that he had saved his money, which was about one hun- dred dollars. and therefore wanted no favors for himself; but desired that some care might be taken of his people, that they might be collected together, and sent to the admiral, at Boston. or on board the Beaver, at Newport, which the deponent prom- ised he would do.
He then told Mr. Dudingston the design of his visit at that time, was not only to afford him any assistance he might need, but also to procure such a declaration from his own mouth, respecting the attack that had been made on his person, and the vessel he commanded, that the offenders might be brought to justice.
Mr. Dudlingston answered, that he would give him no account of the matter. First, because of his indisposition of body ; and second, because it was his duty to forbear any thing of that nature, until he had done it unto a court martial, unto which, if he lived, he would be called by his commanding officer.
The deponent then asked him, if he was willing he should examine his officers and people ; which, after some refusal, he consented to; and they all agreeing nearly to every thing material relative to the destruction of the schooner, he forth- with transmitted copies of their examinations to the Governor.
The deponent then gave orders that the seamen should be collected together, and provided with vietuals and lodgings, and that a boat should be got ready by the next morning, to carry them on board the Beaver; all which, was executed with care and expedition.
The deponent also gave orders that the stores and remains should be collected and lodged in a warehouse, which was done, and soon after delivered to Capt Linzee, of the Beaver.
He also desired a gentleman, who lived near Mr. Dudingston, to supply said Dud- ingston with any thing he wanted; and also that he would lodge and entertain any surgeons or others, who might come to visit him ; and which the deponent verily be-
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lieves he verily complied with. These expenses were recommended by the depo- nent, to the General Assembly, who ordered payment out of the public treasury.
The deponent consulted with the Chief Justice, and most of the civil au- thority in that part of the colony where he resides, who highly disapproved of the riot ; and universally declared they were ignorant of any of the proceedings, and gave it as their opinion that measures ought to be pursued for discovering and bringing to justice the perpetrators.
A proclamation was soon after issued by the Governor, which was posted up in all the towns near where the offence was committed: but as yet, the deponent has not received any information of any of the persons concerned in that offence : nei- ther has he ever heard that information has been made to any of the civil authority within the colony. And further this deponent saith not.
DARIUS SESSIONS.
N. B. The words, " nor intentiou thereof." on the fifth line of the second page ; " and colony. aforesaid," on the eighteenth line of the same page; " which, after some refusal, he consented to, and they," in the nineteenth line of the third page ; " relative to the destruction of the schooner." in the twentieth line of the same page, were interlined before the above deposition was sigued aud sworn to.
Sworn to, at Newport, this 9th day of January, before us,-
J. WANTON. FRED. SMYTHE,
DAN. HORSMANDEN, PETER OLIVER.
ROBT. AUCHIMIUTY.
A letter was delivered to the commissioners, about two o'- clock, P. M., then sitting at the colony house, by express, in answer to their letter of the 5th instant, and forwarded by Capt. Symonds, which was read, and ordered to be filed.
Admiral Montagu to the Commissioners, S.c.
Boston, 8th January, 1773, 1 o'clock, P. M.
Gentlemen :- I was last night favored with your letter, by Capt. Symonds ; and as you are so desirous of having me at Rhode Island, I shall, without you alter your opinions, set out on Monday next.
At the same time, give me leave to observe to you, that my coming at the time, is attended with a great delay to His Majesty's service here, and at Halifax. and can answer no purpose, as I have fully and properly directed the commanding officer at that place in what manner he is to act, relative to his assisting the commissioners and receiving the prisoners.
You say, by your instructions, you are directed to deliver to the custody of the com- mander in chief of His Majesty's ships and vessels in North America, all such prisoners as may be apprehended ; and therefore, you are of opinion, that in that case, if any
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person or persons should be arrested for the crime set forth in your commission, I am the only person to whom such prisoners can regularly be delivered, for sate custody.
In answer to which, I beg leave to refer you to the sixth paragraph of My Lord Dartmouth's letter, to Governor Wanton. where you will see, " The prisoners are to be delivered to the care and custody of Rear Admiral Montagu. or the commander in chief in North America, for the time being, or to such officer as he shall appoint to receive them."
By my instructions from the lords of the admiralty, I am directed to repair to Rhode Island, as soon as conveniently may be, with such of His Majesty's ships and vessels under my command. as I shall judge proper, and give all the aid and assist- ance in my power, for discovering and bringing to justice the offenders.
The winter season is so far advanced. as prevents my complying with that part of my orders. as it is very improper to move so large a ship as the Captain, at this time of the year; and without her, it is impossible for me to carry on the service.
I flatter myself, there has been no delay of business, owing to my not coming with the commission ; for had I been there. I should have tendered it in the same man- ner I have done, as by my instructions, I am directed, when the commissioners are ready to receive it, to cause it to be delivered to them.
I shall certainly set out on Monday next, if I can complete my business here, and be ready to give you every assistance in my power.
I am, with respect, gentlemen, Your most obedient, and most humble servant, J. MONTAGU.
To His Majesty's commissioners, at Rhode Island.
The commissioners immediately agreed to an answer ; which was written accordingly, and sent off about three o'clock, by the same express.
Monday, January 11, 1773.
The commissioners met, according to adjournment.
Present-Joseph Wanton, Esq., Daniel Horsmanden, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., and Robert Auch- muty, Esq.
The commissioners received a letter from Metcalfe Bowler, Esq., one of the justices of assize, in the colony of Rhode Is- land, tendering his services in aid of the commission, which was read, and ordered to be filed.
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Justice Metcalfe Bowler to the Commissioners, S.c.
Newport, January 11, 1773.
Gentlemen :- In obedience to His Majesty's command, signified by Lord Dartmouth, to Ilis Honor the Governor, dated Whitehall. September 4th, 1772. which was laid be- fore the General Assembly, wherein His Lordship expressed His Majesty's depend- ence upon the care and vigilance of the civil magistrates of the colony. to take the proper measures for arresting and committing to eustody, in order to their being brought to justice, such persons as shall, upon proper information before them, or before His Majesty's commissioners, appear to have been concerned in the plunder- ing and destroying Ilis Majesty's schooner Gaspee, and dangerously wounding and ill-treating His Majesty's officer who commanded her, &c.
As a civil magistrate, and one of His Majesty's justices of assize, in and throughout the colony, impressed with a regard for the dignity of the erown, and the welfare of the colony, I now tender my assistance, whenever it shall be necessary : and when called upon by the commissioners, or otherwise. will exert every authority which the colony has invested me with, towards the apprehending any persons against whom information may be lodged, of being concerned in the destruction of His Majesty's schooner, the Gaspee, or may appear to have been any ways aiding or assisting in that most daring insult offered against ITis Majesty's erown and dignity, within the colony, on the 10th of June last.
I am, with the greatest respect, Your most obedient humble servant, METCALFE BOWLER. To the Honorable His Majesty's Commissioners.
The commissioners issued a summons for bringing before them Stephen Gulley, a witness, relative to the taking and burning of the Gaspee schooner, in order to be examined be- fore them, at 11 o'clock, to-morrow morning.
Tuesday, January 12.
The commissioners met, according to adjournment.
Present-Joseph Wanton, Esq., Daniel Horsmanden, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., and Robert Auch- muty, Esq.
Stephen Gulley, who was summoned to give evidence to the commissioners, of what he knew concerning the attacking and burning the Gaspee, &c., appeared before them, and was ex- amined upon oath ; which examination was reduced to writ- ing, signed by the deponent, and ordered to be filed.
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