Copyright laws must've been lame in 1861 when John Bartlett pretty much plagiarized the work of Judge Staples' Documentary History of the Destruction of the Gaspee, written only 16 years earlier.  But Bartlett's text is exceedingly hard to find in the year 2004, so we present it here to aid in scholarly citations.  To be honest, Staples, particularly the 1990 republication by the RI Historical Publications Society, is a more honest read.  John Russell Bartlett (1805-1880) was a historian most noted for publishing the multi-volume Records of the Colony of Rhode Island and Providence Plantations between 1856 and 1865.  He married the daughter of the prominent General Christopher Rhodes, and lived in Pawtuxet Village.  It is no wonder then that he had a particular fondness for the retelling of the Gaspee Affair.

The following text of The Destruction of the Gaspee is reprinted from the edition published in Providence by A. Crawford Greene in 1861. Rather than rescan and OCR the entire text, we used as a starting point, the 1991 republication of Staples, Documentary History of the Destruction of the Gaspee, presented also at this web site.  Paragraph structure and page numbers were altered to match that found in Bartlett's presentation. His relatively few original comments were either typed in directly, or scanned in to the text at the appropriate places, all of which are presented in <Arial bold font>, and his footnotes are presented in <Bold Times font>. Orphaned text has been completed into the page of origin. Otherwise, the texts follow their original printed sources as closely as the present format allows.

Antique words and phraseology were maintained as best as possible, but will come up as errors in grammar checks and spell checks or modern word processing programs, so be advised.  It is also to be noted that the spellings of some words used in Staples' account are consistently misspelled by year 2004 standards, but which were presumably correctly spelt in 1773, e.g., 'despatched' and 'enquiry.' Please understand that neither myself or the Gaspee Days Committee can take any responsibility for errors of omission or commission in converting the text into HTML format.

And further, this despondant saeth not.

It is suspected he has no legal authority to justify his conduct, and his commission, if he has any, is some antiquated paper, more of a fiction than any thing else, and this seems to be confirmed by Mr. Thomas Greene, who says he saw it, and believes it to be no other than the commission the famous Reid had, who lost his sloop at Newport, or something else of no validity.

In consequence of the above mentioned application, I have consulted with the Chief Justice Hopkins thereon, who is of opinion, that no commander of any vessel has any right to use any authority in the body of the colony without previously applying to the Governor and showing his warrant for so doing and also being sworn to a due exercise of his office—and this he informs me has been the common custom in this Colony.

I am, sir, &c, &c,

The letter led to the following correspondence between the Governor and the commanding officer of the schooner:

I am your humble servant,

In answer to which, I have done nothing but what was my duty, and their complaint can only be founded on their ignorance of that. When I waited on you, on my arrival, I acquainted you of my being sent to this government to assist the revenue. I had my commission to show you if required, as it was ever understood by all his Majesty's governors I have had the honor to wait on, that every officer commanding one of his Majesty's vessels was properly authorized and never did produce it, unasked for. The officer I send is equally qualified, and has been in the boats in boarding most of the vessels, and can give any information relative to my proceeding.

Sir, your humble servant,

I am your humble servant,

With this, the correspondence between the Governor Wanton and Lieut. Dudingston ended. The Lieutenant's sense of propriety was evidently shocked by the letters from Governor Wanton, and of his peremptory demand to exhibit to him his commission and instructions.  He seems to have believed that the authority from which his commission emanated, was paramount to that of the colonial governor.  He therefore enclosed the letters of Governor Wanton, together with his own, to Admiral Montagu, at Boston, who was then in command of His Majesty's fleet on this station. The Admiral plainly espoused the side of Dudingston, and feeling his own dignity wounded at the demand of the Governor on his lieutenant, addressed the insolent letter, which follows, to Gov. Wanton:

I shall give them directions, that, in case they receive any molestation in the execution of their duty, they shall send every man so taken in molesting them, to me. I am also informed, the people of Newport talk of fitting out an armed vessel to rescue any vessel the King's schooner may take carrying on an illicit trade. Let them be cautious what they do; for as sure as they attempt it, and any of them are taken, I will hang them as pirates. I shall report your two insolent letters to my officer, to his Majesty's secretaries of state, and leave them to determine what right you have to demand a sight of all orders I shall give to all officers of my squadron, and I would advise you not to send your sheriff on board the King's ship again, on such ridiculous errands. The captain and lieutenants have all my orders to give you assistance whenever you demand it, but further you have no business with them, and, be assured, it is not their duty to show you any part of my orders or instructions to them.

I am, sir, &c, &c

This produced the following dignified and spirited answer:

To Admiral Montagu

"Resolved, That His Honor the Governor be requested to transmit a copy of the written letter to Admiral Montagu, and likewise , that his Honor, the Governor, be requested to transmit to the secretary of state, a narration, containing the proceedings referred to in said letter, together with a copy of the Admiral's letter, as soon as may be, and that he present a copy thereof to this Assembly at the next session of the same."

The letter of the Governor led to some further correspondence between the admiral and the lieutenant, of which only the following letter is found among the archives:

Lieut. Dudingston to Admiral Montagu.

SIR:—I have received your letters of the 14th and 18th inst and copy of commissioners to you. By theirs, I see plainly, I cannot look to them to be supported for sending the sloop and rum to Boston, notwithstanding I was assured by their officers at this port, no seizure could be safe with them. There was only the alternative to send her or remain in this harbor and guard twelve hogsheads of rum, a bait, the inhabitants of this government would willingly put in my way, if that could fix the schooner.

I was not, at the time, ignorant of the statute to the contrary, but never doubted if the sloop got safe I should be supported by them, as I informed the board.

The owner of the rum resided in Coventry, which is but little further from Boston than Newport, of course could, at as little expense, defend his property at the one as the other. As I find the exigencies not considered, but law referred to by them, for the future shall take care not to act repugnant to it, let what may be the consequence. If I should have any doubt about that, will take the opinion recommended to their officers relative to the officers in the Navy being arrested here by the Attorney General. I shall also be on my guard not to put it in their power to arrest me or any officer under my command in this government.

What passed between the governor and me was, near as I can recollect, what follows. The morning after my arrival from Boston was when I first saw him.

Lieut D.—Sir, I command his majesty's schooner Gaspee, and am ordered into this government by Admiral Montagu, to assist the revenue.

Governor—Is it the schooner Capt. Allen commanded? (meaning the Lieutenant I superseded.)

Lieut..—Yes.

Governor—We have had many different schooners here lately, (mentioning the Sultana, St. John and Halifax.)

Lieut.—Yes; and you may remember me here about two years ago when the Colonels Dalrymple and Robinson came with me. (I am not sure whether he said he did or not.)

Governor—What vessel was that which seized the Packet?

I told him whom she was commanded by and belonged to, and my being there at the time, and said, it would not have happened had the officer come near the Gaspee, which was his duty, with more on the subject too trivial for you to hear. He then related the conduct of the collector and Mr. Reid, late commander of the custom house sloop Liberty, and said it was in their power to have saved her before she had received much damage, and said he would not mind what they represented concerning him, if they had told facts. I said I had heard it otherwise mentioned, but hoped I should meet with no difficulty in the execution of my duty.

Governor—You may depend on my support and assistance.

I then observed, it was not clear to me, if I made a seizure it would be safe.

Governor—I will do all in my power.

I then instanced what had been the fate of one made by the officers of the port a little before, and added, I did not think if I made one I should put it to the trial.

Governor—I suppose you will be much here. I shall always be glad to see you.

Lieut. D.—I shall be where I find I can best execute the service.

I was much obliged to him.

Governor—I hope, Captain, we shall have a good understanding.

I must now beg leave to observe, if he had asked me to show my orders, is it possible I should behave so much unlike an officer and gentleman in telling a falsehood, by doing which I must be ruined as an officer and in reputation forever?  The fallacy is easily seen when it is considered, the only thing that makes the schooner respected, is said to be denied by me. Had such an assertion come from a private character, I should hope for reparation for an attempt to wound my reputation as an officer. In my present situation I have only to hope my person will be respected as an officer as much as any Governor, who can make it appear by no better evidence than an old woman and clerk in the naval office, and not in the station of a gentleman, and I do not think either would be base enough to witness so great a falsehood.

As to his letter, it cannot be looked upon as his, but the Assembly's, where it was put to the vote to answer your letter or not. They were all for the answer, the Governor alone, for sending it to Lord Hillsborough.

Mr. Greene is one of the house, the owner of the rum. I could expect no quarter from people of that stamp. On the 20th the sloop was condemned. I have taken the liberty to enclose my letter to the Commissioners for your perusal, open, as it was the intention of the people here to have the sloop sold in the manner they have been used to, which always falls into the old owners' hands without opposition. I hope soon to have the board's answer to determine her destination.

I am, sir, &c, &c,

At the next session of the Assembly, which was in August following, and to which reference is made in Colonial Records, Vol. VII, p. 51, Governor Wanton presented a copy of his letter to the secretary of state, which was as follows:

As Admiral Montagu has endeavored to fix a stigma on my character and administration as Governor of this Colony, by charging me with attempting to distress the King's officers from strictly complying with his orders, Your Lordship will indulge me with giving a short account of my proceedings, by which the ungenerous accusation of Admiral Montagu will, I flatter myself, appear not to have the least foundation in truth.

On the 21st of March last, a number of the inhabitants of this colony, gentlemen of established character, and whose loyalty to their sovereign is not to be questioned, exhibited to me a complaint in writing, that a certain schooner was cruising in the Narragansett river, boarding every vessel and boat that passed, and otherwise interrupting them in the pursuit of their lawful business; and not knowing by what authority the persons belonging to said schooner exercised that power within the body of the colony, requested me to make such enquiry concerning the same as was consistent with law.

It, therefore, became my indispensable duty, in order to satisfy the complaints, to demand of the commanding officer of said schooner, the reason of his thus acting, and whether he was vested with such power as would justify his proceedings, which produced my letter to him of the 22d of March. It was answered by Wm. Dudingston, of the schooner Gaspee, but, as he did not give me that satisfaction I conceived I had an indisputable right to expect, I wrote another letter, whereupon he sent me by one of his officers, an order from the Lords of the Admiralty, for his commanding the schooner Gaspee; also their letter to the commissioners at Boston requesting that board to give him a deputation in the customs, both which I returned to the officer in the same hour he brought them, without attempting in the least to distress or oppose him in the execution of his duty.

This, my Lord, is a true state of facts, and, I believe, your Lordship is convinced that, in my proceedings, I have done nothing but what was my duty, and that Admiral Montagu's accusation is as groundless as it is illiberal.

When I wrote my first letter, I do upon honour declare, that I did not know whether the schooner complained of was the Gaspee or not, and even if I did, in my opinion I am justifiable, as I was entirely unacquainted with Mr. Dudingston's authority, either as an officer in the revenue or navy; and, I do not believe, he had any right to officiate as a custom house officer within the body of this colony, before he had communicated to me, or some proper authority, his commission for so doing.

I must not omit mentioning, that the information which Admiral Montagu says he has received that the people of Newport talk of fitting out an armed vessel to rescue any seizures which may be made by the King's vessels, is, Your Lordship may be assured, a malicious representation, calculated, by the enemies of our happy constitution, to injure the colony, and bring upon the inhabitants his Majesty's displeasure.

I acknowledge it a singular happiness, that this affair is brought before Your Lordship, and that your candor and inflexible integrity will fix the charge of insolence where it really belongs. I submit the dispute, with pleasure, from a thorough conviction that Your Lordship's opinion thereupon will be consonant to the strictest equity.

It is now my turn to complain of Wm. Dudingston's illegal proceedings, in carrying a quantity of rum he had seized on board a small boat, lying within the county of Kent, in this colony, to Boston, for trial, notwithstanding by the 8th of his present Majesty, it is expressly declared, that all forfeitures of this kind shall be tried in that colony where the offence is committed.

To recite every particular of his unwarrantable proceedings, would, My Lord, be tedious. Let it then suffice, that since the Gaspee and Beaver have been stationed in this colony, the inhabitants have been insulted without any just cause, with the most abusive and contumelious language, and I am sorry that I have reason to say, that the principal officers belonging to said vessels have exercised that power with which they are vested, in a wanton and arbitrary manner, to the very great injury and disturbance of the colony.

I have, my Lord, constantly afforded the King's officers all the assistance in my power in the legal discharge of their trust; if any of them through prejudice, ignorance of their duty or youthful indiscretion, insult the colony, it is my duty, as his Majesty's governor, to remonstrate against it.

I am, &c, &c

The foregoing letters present an account of the events which preceded the memorable night of the 9th of June, when the Gaspee was destroyed. That Dudingston did not act wisely, to say the least, in exerting the authority he did, without first exhibiting his commission, is evident. But it is certain, that in sending some of the property seized by him, within the jurisdiction of the county of Kent, in Rhode Island, to Boston, there to be adjudicated upon by the court of vice admiralty, he was clearly in the wrong; as an act of Parliament expressly declares that such seizures shall bo adjudicated in the colony where the seizure is made.  The goods here referred to, consisted of twelve hogsheads of
rum, and some sugars, which were on board a sloop, bound from Greenwich to Newport, and were the property of Jacob Greene & Co., of Warwick.*

Dudingston seems to have been aware that this act was an illegal one, as he did not dare to go on shore, having been threatened with a suit at law by the owners of the goods.

Next in order, is the. destruction of the Gaspee, the narrative of the particulars of which, we shall give, as written by Col. Ephraim Bowen, the last survivor of the party which de-
stroyed this vessel.

"In the year 1772, the British government had stationed at Newport, Rhode Island, the schooner called the Gaspee, of eight guns, commanded by Wm. Dudingston, a Lieutenant in the British Navy, for the purpose of preventing the clandestine landing of articles, subject to the payment of duty.
______________________

The captain of this schooner made it his practice to stop and board all vessels entering or leaving the ports of Rhode Island, or leaving Newport for Providence.

Lindsey was standing easterly, with the tide on ebb about two hours, when he hove about, at the end of Namquit Point, and stood to the westward, and Dudingston in close chase, changed his course and ran on the Point, near its end, and grounded.

Lindsey continued on his course up the river, and arrived at Providence about sunset, when he immediately informed Mr. John Brown, one of our first and most respectable merchants, of the situation of the Gaspee. He immediately concluded that she would remain immovable until after midnight, and that now an opportunity offered of putting an end to the trouble and vexation she daily caused.

Mr. Brown immediately resolved on her destruction, and he forthwith directed one of his trusty shipmasters to collect eight of the largest long-boats in the harbor, with five oars to each, to have the oars and row-locks well muffled, to prevent noise, and to place them at Fenner's wharf, directly opposite to the dwelling of Mr. James Sabin, who kept a house of board and entertainment for gentlemen, being the same house purchased a few years after by the late Welcome Arnold, and is now owned by and is the residence of Colonel Richard J. Arnold, his son*
___________________________

About the time of the shutting up of the shops soon after sunset, a man passed along the main street beating a drum and informing the inhabitants of the fact, that the Gaspee was aground on Namquit Point, and would not float off until 3 o'clock the next morning, and inviting those persons who felt a disposition to go and destroy that troublesome vessel, to repair in the evening to Mr. James Sabin's house. About 9 o'clock, I took my father's gun and my powder horn and bullets and went to Mr. Sabin's, and found the southeast room full of people, where I loaded my gun, and all remained there till about 10 o'clock, some casting bullets in the kitchen, and others making arrangements for departure, when orders were given to cross the street to Fenner's wharf and embark; which soon took place, and a sea captain acted as steersman of each boat, of whom I recollect Capt. Abraham Whipple, Capt. John B. Hopkins, (with whom I embarked,) and Capt. Benjamin Dunn. A line from right to left was soon formed, with Capt. Whipple on the right and Capt. Hopkins on the right of the left wing.

The party thus proceeded till within about sixty yards of the Gaspee, when a sentinel hailed, "Who comes there"? No answer. He hailed again and no answer.

In about a minute Duddingston mounted the starboard gunwale in his shirt and hailed, "Who comes there?" No answer.  He hailed again, when Capt. Whipple answered as follows:

"I am the sheriff of the county of Kent, G—d d—n you. I have got a warrant to apprehend you, G—d d—n you; so surrender, G—d d—n you.''
__________________________

I took my seat on the main thwart, near the larboard row-lock, with my gun by my right side, facing forwards.

As soon as Dudingston began to hail, Joseph Bucklin, who was standing on the main thwart by my right side, said to me, "Ephe, reach me your gun and I can kill that fellow.'' I reached it to him accordingly, when, during Capt. Whipple's replying, Bucklin fired and Dudingston fell, and Bucklin exclaimed, " I have killed the rascal."

In less than a minute after Capt. Whipple's answer, the boats were alongside of the Gaspee, and boarded without opposition. The men on deck retreated below as Dudingston entered the cabin.

As it was discovered that he was wounded, John Mawney, who had for two or three years been studying physic and surgery, was ordered to go into the cabin and dress Dudingston's wound, and I was directed to assist him. On examination, it was found the ball took effect about five inches directly below the navel. Dudingston called for Mr. Dickinson to produce bandages and other necessaries for the dressing of the wound, and when finished, orders were given to the schooner's company to collect their clothing and every thing belonging to them and put them into their boats, as all of them were to be sent on shore.

All were soon collected and put on board of the boats, including one of our boats. They departed and landed Dudingston at the old Still-house Wharf, at Pawtuxet, and put the chief into the house of Joseph Rhodes.

Soon after, all the party were ordered to depart, leaving one boat for the leaders of the expedition, who soon set the vessel on fire, which consumed her to the waters' edge.

The names of the most conspicuous actors are as follows, viz: Mr. John Brown¹, Captains Abraham Whipple², John B. Hopkins³, Benjamin Dunn, and five others, whose names I have forgotten, and John Mawney⁴, Benjamin Page⁵, Joseph Bucklin⁶, and Turpin Smith⁷, my youthful companions, all of whom are dead, I believe, every man of the party, excepting myself, and my age is eighty-six years this 29th day of August, 1839.

Mr. John Mawney, who was one of the party conspicuous in the affair, published in the Providence American and Gazette, in the year 1826, a statement, in which some additional facts are given.

After hearing the drum beat, he repaired to Mr. Sabin's, the place of rendezvous, where he learned the object of the meeting; and on being urged by some of his acquaintances, was induced to accompany them, as surgeon.

Statement of Dr. John Mawney.

"To this," he says, "I readily consented, and went to Corlis' wharf with Capt. Joseph Tillinghast, who commanded the barge, it being the last boat that put off, and in going down we stopped at Capt. Cooke's wharf, where we took in staves and paving stones, which done followed our commander and came up with them a considerable distance down the river, after which we rowed along pretty rapidly till we came in sight of the schooner, when Capt. (the late Commodore Whipple,) ordered us to form a line, which was instantly complied with, after which we rowed gently along, till we had got near the schooner, when we were hailed from on board with the words, 'Who comes there?"

Capt. Whipple replied, 'I want to come on board."

The reply was, "Stand off, you can't come on board."

On which Capt. Whipple roared out, "I am the sheriff of the county of Kent, I am come for the commander of this vessel, and have him I will, dead or alive; men, spring to your oars;" when we were in an instant on her bows.

I was then sitting with Capt. Tillinghast in the stern of the barge, and sprang immediately forward, and seeing a rope hang down her bows, seized it to help myself in. The rope slipping, I fell almost to my waist in the water, but being active and nimble, I recovered, and was the first of our crew on deck, when Simeon H. Olney handed me a stave, with which, seeing one that I took to be of the crew of the schooner, floundering below the windlass, I was in the attitude of leveling a stroke, when he cried out, "John, don't strike."

Being very intimately acquainted with Capt. Samuel Dunn, I knew his voice, left him, and sprung back of the windlass, where there was commotion and noise, but which soon subsided, the crew jumping down the hold, I immediately following, when I ordered them to bring cords to tie their hands, and told them they should not be hurt but be sent on shore. They brought some tarred strings, with which I tied the hands of two behind, when John Brown, Esq., called to me saying, I was wanted immediately on deck, where I was instantly helped.

When I asked Mr. Brown what is the matter, he replied, "Don't call names, but go immediately into the cabin, there is one wounded, and will bleed to death."

I hastened into the cabin and found Lieut. Dudingston in a sitting posture, gently reclining to the left, bleeding profusely, with a thin, white, woolen blanket, loose about him, which I threw aside and discovered the effect of a musket ball in his left groin, and thinking the femoral artery was cut, threw open my waistcoat and taking my shirt by the collar, tore it to my waistband, when Mr. Dudingston said, "Pray, sir, don't tear your clothes, there is linen in that trunk," upon which I requested Joseph Bucklin to break open the trunk and tear linen and scrape lint, which he immediately attempted, but finding the linen new and strong, could not make the lint.

I then directed him to place his hands as I had mine, which was, the ball of my left hand on the orifice of the wound, and giving him the word to slip his hand under mine and to press hard to prevent the effusion of blood; which being done, I went to the linen and attempted to scrape it into lint, but found I could not effect it. As daylight was fast coming on and our time short, I then tore the linen into strips for compresses and the necessary bandages, which was done by knotting them into long strips, placed the compresses five or six deep, and with the ligatures, by the lieutenant

All being prepared, I told Bucklin to raise his hands, when I instantly placed the compresses on the orifice, and placing the bandage round the thigh over the wound and crossing it above, drew tight, so that the effusion of blood was stopped.

During the operation, I was several times called upon at the door, but now was ready. When the door was opened many rushed in and attacked the bottles. I having boots on, stamped on them, and requested others to assist, which was readily done. During this, Mr. Dudingston was carried out of the room, and I never saw him after, notwithstanding I had several invitations, through Dr. Henry Sterling.

When I came on deck I saw Capt. Tillinghast, and some others. We got into the boat and rowed up the river a certain distance and went by land to town, when Capt. Tillinghast, who was then living with me, after taking breakfast, went on the hill to view the smoking ruins of the vessel, which was all in flames soon after we left it."*

This statement of Dr. Mawney, differs somewhat from that of Col. Bowen, though in nothing that is material.  It is quite natural that among so many men, incidents might take place which all did not observe. The attention of Dr. Mawney was particularly directed to the wounded officer, though, it would appear that he had been ready to inflict, as to cure wounds.

"From a subsequent statement of Dr. Mawney, it appears that Lieut. Dudingston was not wanting in gratitude to his surgeon. After his wound was dressed, he offered Dr. Mawney a gold stock buckle as a testimonial of his gratitude.

This was refused, but a silver one was afterward offered and accepted, and worn by Dr. Mawney but a little while before his death."*

The first official notice of the destruction of the Gaspee, is a letter from Deputy Governor Sessions to Governor Wanton, written the day following that event, after he paid a visit to Lieut. Dudingston, at Pawtuxet.  It appears that the first act of the Deputy Governor, on hearing of the affair, was to see the wounded officer, and endevour to do all that lay in his power to ameliorate his sufferings, and administer to his comforts.

It is the prevailing opinion of the gentlemen in this quarter, that a proclamation, with a large reward, be issued for the apprehending the persons who have thus offended. You will please consult the gentlemen your way, and in the meantime, I will endeavor to collect the sentiments of the members of the Assembly, and other principal gentlemen by name and send the same to your honor as soon as may be.

I am, &c, &c.,

Enclosed in this letter were the following affidavits:

Affidavit of Bartholomew Cheever.

The examination of Bartholomew Cheever, seaman, lately belonging to his Majesty's schooner, the Gaspee, taken by Darius Sessions, deputy governor of the colony of Rhode Island, &c., is as followeth, viz:

That the said schooner being bound from Newport up to Providence, to take on board some of his Majesty's seamen that were expected from Boston, did, on the 9th of this instant, at about three o'clock in the afternoon of said day, run aground on a point of land, about six miles below the town of Providence, where she, the said schooner, lay until twelve o'clock at night, at which time he, the said Cheever, was called upon deck to take the watch; about three-quarters of an hour afterwards, the schooner yet being aground, he observed some long boats, about six or seven in number, full of men, drawing near to the schooner, upon which he informed the commander, Capt. Dudingston, who immediately came on deck, and ordered him to hail them and bid them stand off on their peril, to which they answered, "Damn you, we have you."

The captain then ordered him to call all hands on deck, which he did; but before many of them got up, the boats were alongside and the crews getting on board; and as they were entering the schooner, he saw the flash and heard the report of a musket, and heard the captain cry out, he was a dead man.

We were then ordered into the hold, and taken out separately and put into the boats alongside, the most of us being pinioned, and then put on shore on the main land, where we had not been long before we saw the schooner on fire, where she continued burning till the fire reached the water's edge.

Question—Did you, or do you know, or do you remember ever to have seen before any of those persons that boarded the schooner at that time?

Answer—No.

Question—Have you any knowledge of the persons that boarded the schooner?

Answer—No.

On the following day, June 12, Governor Sessions addressed another letter to Gov. Wanton. The bearer of which, probably brought the proclamation of Governor Wanton, which follows:

Whereas, on Tuesday, the 9th inst., in the night, a number of people unknown, boarded his Majesty's armed schooner the Gaspee, as she lay aground on a point of land called Namquit, a little to the southward of Pawtuxet, in the colony aforesaid, who dangerously wounded William Dudingston, the commander, and by force took him with all his people, put them into boats, and landed them near Pawtuxet, and afterward set fire to the said schooner, whereby she was totally destroyed.

I have, therefore, thought fit, by and with the advice of such of his Majesty's council as could be seasonably convened to issue this proclamation, strictly charging and commanding all his majesty's officers within the said colony, both civil and military, to exert themselves with the utmost vigilance to discover and apprehend the persons guilty of the aforesaid atrocious crime, that they may be brought to condign punishment.

And I do hereby offer a reward of one hundred pounds sterling money of Great Britain to any person or persons who shall discover the perpetrators of the said villainy, to be paid immediately upon the conviction of any one or more of them.

And the several sheriffs in the said colony are hereby required forthwith to cause this proclamation to be posted up in the most public places in each of the towns in their respective countries.

Given under my hand and seal at arms at Newport this 12th day of June, in the twelfth year of the reign of his Most Sacred Majesty George the Third, by the Grace of God, King of Great Britain and so forth, Anno Dom. 1772.

HENRY WARD, Secretary.

God save the King.

The deposition enclosed was that of William Dickinson, which was as follows:

Deposition of William Dickinson.

William Dickinson, midshipman of his Majesty's schooner Gaspee, sayeth:

That the said schooner was at single anchor about three leagues below Providence, in Rhode Island government, 10th of June, 1772, and about half past twelve o'clock in the night or morning, the watch gave the alarm that a number of boats were coming down the river, and very near us, (being an exceeding dark night,) we hailed them, and ordered them to keep off.

They instantly gave us three cheers, on which we fired at them with muskets, which they immediately returned with half a dozen muskets, (or thereabouts.) We then fired our pistols, on which they boarded us upon the starboard bow, and fired a number of small arms. Immediately Lieutenant Dudingston (her commander) cried out, "Good God, I am done for." He was wounded in his groin and arm.

When they had got possession of the schooner they used the people very ill, by pinioning of them, and throwing them into their boats, and refused the Lieutenant and officers any necessaries but what they had on, and not even suffered the commanding officer to have his papers, and robbed his servant of several silver spoons, and throwed his linen and apparel overboard.

Question.—How long had you been lying in Providence River?
Answer.—We came to an anchor there at about 4 o'clock in the afternoon of the 9th of June.
Q,—Had you sent any boat ashore?
A.—No, but employed sounding the Harbor.
Q.—Had you been at Providence before during the time you were upon that station?
A.—No.
Q —Do you imagine that the people who boarded you, came from Providence?
A.—Yes; I believe the most part, but cannot say all, as one boat landed her men at Pawtuxet.
Q.—What distance is Pawtuxet from Providence by land?
A.—Five miles.
Q.—What distance were the boats from the schooner when they were first seen?
A.—I was not upon deck at first myself, but when I saw them they were about 100 yards.
Q.—Why did you not fire your great guns at them?
A.—They boarded us upon the bows, and were so near to us that we had not time to get our guns out at the bow ports.
Q.—Did any of the people that boarded you appear like gentlemen?
A.—Yes; many of them appeared like men of credit and tradesmen, and but few like common men.
Q.—Did they make use of any opprobrious language?
A.—Yes; by threatening to put the Lieutenant to death, and calling us piratical rascals.
Q.—Where did you leave the Beaver?
A.—Off Golden Island, in the mouth of Seaconnet Passage.
Q.—What distance from you?
A.—About twenty-five miles.
Q.—Could she be in sight when this happened?
A.—No; the main land is between.
Q. —Is there any thing more that you can recollect?
A.—Yes; one of the people took me by the collar, and said, "Damn you, where is your Pilot Doget." I answered he was discharged six weeks ago. He answered, "Damn your blood, you lie;'' and said they would find him, and tlee him alive.

Q.—Did they suffer the lieutenant to put on any clothes after he was wounded?
A.—No; he was in his shirt with his great coat over his shoulders, and a blanket round his body.
Q.—Was any other person wounded except the lieutenant?
A.—Yes; one in the head.

And I further declare, that when Lieutenant Dudingston came on deck, I saw him go and stand by the starboard foreshrouds, in his shirt, with a pistol in one hand and a hanger in the other. After he was wounded he got aft and sat down by the cabin companion way, when the two ringleaders, with a number following them, came to him and said,

"Now you piratical rascal, we have got you. Damn you, we will hang you all by the laws of Great Britain. Damn you, what made you fire when we answered you that the head sheriff was in the boat."

The Captain (N.B. The head sheriff and captain are fictitious names that the two ringleaders went by) said, "Stand aside and let me despatch the piratical dog."

He then lifted a handspike over Mr. Dudingston's head, who asked "if they would give no quarters."

They answered, "No."

He then desired they would let me bind up his wounds, for he was shot, and showed them the wound in his left arm.

They then said, "Damn your blood, you are shot by your own people."

He was then taken down into the cabin by some of the mob. They then pinioned me and put me into the boat, where I remained for half an hour, when one of the mob called to their people in the boat to loose me for the Lieutenant wanted me. I went down in the cabin to him. He was laid on the after lockers, and one of the mob washing and binding up his wounds. The mob then got him on deck and put him in a boat and put off.

Soon after, I was ordered into the boat again, and put off. In going on shore I saw a negro with the Lieutenant's hanger; being asked by another how he got it, he said he took it from the Captain.

Being down in the cabin with Lieutenant Dudingston, the ringleaders and some of the principal of the mob demanded his papers and orders for his proceeding in such piratical manner. I then showed them the commission from the Lords of the Admiralty, with all his orders and instructions that he had received from the Admiral, which they took and carried away.

In going ashore one of the mob that rowed the boat said, that he and several more would not have been there, but that they were taken out of a house by force and compelled to go; that they beat a drum round the town of Providence in the evening to raise a mob.

I have not, as yet, been able to collect all the circumstances of this daring insult upon authority, so as to give you a perfect idea of it, but by the evidence of three of the people of the Gaspee, taken before his honor the deputy governor, copies of which I transmit, you will perceive that there is a material difference between them and the account given by William Dickinson.

You may rely upon the utmost and continued exertions of the officers of this Colony to detect and bring to justice the perpetrators of this violent outrage.

I have the pleasure to inform you that Lieutenant Dudingston is in a fair way of recovery.

I am, sir, &c, &c

On the 12th, Lieutenant Dudingston had so far recovered as to be able to write a letter to Admiral Montagu, wherein he presented his version of the destruction of the vessel.  This differs but little from those of Col. Bowen and Dr. Mawney. as to the attack on the boats, his being wounded and the surrender of his vessel to an overpowering force.

The schooner is utterly destroyed, and every thing appertaining to her, me, and the schooner's company. If I live, I am not without hope of being able to convict some of the principal people that were with them. The pain with the loss of blood rendered me incapable of informing you before of the particulars. There are none of the people any ways wounded, but bruised with handspikes.

I am, sir, &c, &c,.

It will not bear a dispute but that they belonged to Providence, as they were heard by four or five gentlemen that were in the town, and are now here, beating the drum to arms to raise a body of people to destroy the King's schooner. I have persued the depositions which your Excellency enclosed, and although they differ in words, yet the matter is much to the same purpose.

I have, since I received yours, received one from Lieutenant Dudingston, whose account nearly agrees with the other, with this addition only: that when he was carried down to his cabin, after he was wounded, he, to his great surprise found two surgeons that came off from the shore in the boats, ready to dress his wounds, with drops and scraping of lint, and at least a dozen of these people who were in the cabin, which were at his bureau reading and examining his papers, appeared to him to be merchants and masters of vessels.

It gives me pleasure to hear the Lieutenant is in a fair way of recovery.

I am , sir, &c, &c.

By the enclosed deposition, Your Lordship will see that this nest of daring smugglers have wounded in a most dangerous manner Lieut. Dudingston, and burnt the King's schooner Gaspee, under his command, for no other cause, except his being dilligent in the discharge of his duty, by giving every proper assistance to the fair trader, and using every endeavor to suppress the illicit trade that is carried on to a great degree, in that province, and which can never be checked unless there are more men-of-war stationed there, to keep the inhabitants in order.

I beg leave to refer Your Lordship to the enclosed deposition, for the particulars, and wait Your Lordship's instructions for what is to be done. Permit me to add, that the lieutenant that is wounded, is a sober, dilligent, good officer; and has most strictly done his duty since I have had the honor of commanding here, frequently at the hazard of his life, in assisting the revenue. Should he survive, which I have little hopes of, I beg leave to recommend him to Your Lordship's favor and protection.

I have the honor, &c., &c.,

P.S. Herewith I transmit to Your Lordship copies of letters which have passed between me, Lieutenant Dudingston and the Governor of Rhode Island, which I did not think necessary to trouble Your Lordship with.until this melancholy affair of the schooner happened.

The following is the official account of the destruction of the Gaspee, transmitted by Governor Wanton to the Earl of Hillsborough.

On the 9th inst., she run aground on a point of land called Namquit, a little below Pawtuxet, on the Narragansett River, within this Colony. About three quarters of an hour after 12 o'clock at night, there being but one hand on deck, six or seven boats, full of men, were by him discovered drawing towards said schooner; and before many of her hands had time to get upon deck, was boarded by the people in the boats, who, as soon as they had secured the possession of the schooner, took out the captain and all the people and set them ashore on the main land. After which they set fire to the schooner. In the attack, Wm. Dudingston was wounded by a ball through his arm, from whence it passed and lodged in some part of his body.

Mr. Sessions, the deputy governor of this Colony, immediately upon hearing of this unhappy affair, went to Wm. Dudingston, and offered him all the help and assistance in his power, but Mr. Dudingston said he wanted no favors for himself. The deputy governor then told him that he came not only to offer him any relief his distressed circumstances might require, but also to gain a declaration from his own mouth respecting the destruction of the schooner under his command, that proper and rigorous measures might be taken to discover and bring the perpetrators to justice.

Mr. Dudingston answered, he would give him no account because of his indisposition, and also, because it was his duty to forbear any thing of that kind, till he had done it to his commanding officer, at a court martial, to which, if he lived, he must be called, but if he died, he desired it might all die with him.

The deputy governor, with the consent of Mr. Dudingston, then proceeded to examine a number of his men, and on the 11th transmitted copies of the most material of the examinations to me; upon the receipt whereof, I immediately convened such of his Majesty's council and the house of deputies as could be seasonably notified, and laid before them the proceedings of the deputy governor, which they highly approved of, and unanimously recommended my issuing a proclamation, with a reward of £100 sterling for the discovery of any of the persons concerned in this violent insult upon government, which I cheerfully complied with, and sent them into the several towns in this Colony.

This transaction gives me the utmost uneasiness, and your Lordship may be assured, that the utmost vigilance of the civil authority will not be wanting to bring the perpetrators to exemplary and condign punishment; and injustice to the inhabitants of the Colony, I must not omit mentioning, that the conduct of those who committed this outrage is, by them, universally condemned.

I wish, my Lord, those officers who have lately been sent into this Colony, under a pretence of assisting trade, had conducted with that temper, prudence and discretion which persons entrusted with the execution of the laws ought, upon every occasion, to manifest.

In my last, I informed your Lordship, that the inhabitants had been insulted without any just cause, and I am extremely sorry that I have still reason to say, that the trade of this Colony is interrupted in a most unprecedented and oppressive manner, without contributing, in the least, to the service of the revenue. Inward bound vessels have been detained several days without the least colorable pretext, and then delivered up.

One from South Kingstown, for having on board a small quantity of tobacco of the growth of this Colony, which the owner was transporting to Newport for a market; another for having only three or four dozen wine laid in by the Captain for sea stores. The small freight boats plying between the several towns with the produce of the Colony, are, by the severity of these officers, subjected to great inconvenience, which very sensibly affects the whole Colony, particularly the town of Newport, its metropolis, whose inhabitants are principally supplied with the necessaries of life by water, and the obstructions they now experience have contributed not a little to enhance the price of fuel and provisions, to the great disadvantage of the town; and in my humble opinion, if such measures are permitted to be pursued, the Colony will ere long be involved in the deepest calamity.

These, my Lord, are serious and important truths; and as your Lordship, from your thorough knowledge of the Colony, must be perfectly acquainted with the nature and extent of our trade, the profits of which ultimately centering in Great Britain, for the purchase of her manufactures, I have no room to doubt of your Lordship's interposition in behalf of this Colony, that all cause of complaint against any of the King's officers stationed here may be removed, and the inhabitants treated with that respect which is due to the subjects of his Britannic Majesty.

As a proof, my Lord, that the trade of this Colony stands upon as fair and legal a footing as the trade of any part of his Majesty's dominions, out of two hundred sail of vessels which have entered this port since the first day of March last, only two in that number have been prosecuted and condemned for breach of acts of trade, one of which belongs to the Massachusetts Bay, notwithstanding they have been searched and rummaged with the greatest severity. These two vessels, although seized and condemned here, were sent by Capt. Linzee, of the Beaver, and Lieutenant Dudingston, to Boston, for sale, in direct opposition to the orders of the court of Vice Admiralty within this Colony, and the marshal of said court prevented by force from libelling one of these vessels for payment of the mariners' wages.

These, my Lord, are but a few of the many grievances which the people of this Colony have been for months past harassed and perplexed with; but as the General Assembly will be convened, I make no doubt they will order a more particular remonstrance to be made.

In the meantime, permit me, my Lord, to implore your attention to the complaints of a much abused and injured people, whose loyalty and affection to their Sovereign claims your Lordship's countenance and patronage.

I am, &c, &c

The next public step, was a memorial or petition from the merchants in Providence; first laid before the superior court of judicature, then sitting in the town, and afterwards before the Governor, praying that the commander of "an armed vessel, then cruising in the bay, should be called upon by the civil authority, to know by what powers he was authorized to search ships and other vessels on the high seas;" though it was notorious that the armed vessel in question, sailed under British colors, and belonged to His Britannic Majesty.

"There is little room to doubt," as Judge Staples observes, "but that Gov. Wanton and the officers of the colony would have been satisfied that the authors of the mischief should remain undiscovered; although their duty as officers, and their interests required them to exhibit a great zeal and loyalty on the occasion.

On the other hand, Admiral Montagu and his brother officers in the Navy and Revenue, were sincere in their exertions to bring the perpetrators to condign punishment. This appears from the following letter, relative to the deposition of the negro Aaron, which is often referred to in the proceedings which follow.

I am, sir, &c, &c,

P.S.—I shall be glad your Excellency would inform me whether this act was committed on the high seas or in the body of the county; if, on the former, I doubt not but, as one of the commissioners, you will use every proper method to get them apprehended, that they may be tried.

If you should think it proper to take the negro's deposition on oath, I should be glad you would suffer a proper person to go on board the Swan to take it, and that you will favor me with a copy of it.

Enclosed, I transmit to Your Lordship the said black man's deposition (on being examined), by which Your Lordship will be able to judge of the people concerned, and of the measures necessary to be taken.

I beg leave to observe to Your Lordship, that I have inquired of many of the principal people of this place, who all knew Potter, of Bristol, mentioned in the enclosed 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 can 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 Wanton, of Rhode Island, and begged his utmost exertions may be used for the apprehension and bringing to justice the people mentioned in the said deposition, as principals in this proceeding; 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.,

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, mulatto lad of about 16 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 declarant 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; in 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 ninth 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 in the evening and early in the morning of the 10th at his work.

That at the time, there was but one boat at the 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 ninth of June until the said 2nd day of July, and never, during that time, gave him the least information, suggestion or hint of having any knowledge of the business of the said schooner.

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 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 inst.; in the night of which the said Aaron stole a boat belonging to the said Samuel Thurston and Samuel 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 bed 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 information, 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.

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, late belonging to his Majesty's armed schooner Gaspee, commanded by Lieutenant William 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 people's 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.

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

Warrant to the Sheriff of the County of Newport, for the Arrest
of the Negro Aaron.

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 9th of June last, unlawfully and riotously assemble and gather together to disturb the peace of our said lord the King; and being so assembled and gathered together, with force and arms, an attack did make upon His Majesty's schooner, the Gaspee, under the command of Lieutenant William Dudingston, 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, willfully and feloniously 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 if 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 seal, this 16th day of July, in the twelfth year of His Majesty's reign. Anno Domini 1772.

This request of Governor Wanton, was treated by Capt. Linzee with great contempt, and utterly disregarded him, as will appear by the Governor's letter to Admiral Montagu.

It appears, from the following letter from Lieutenant Dudingston, to Admiral Montagu, that his fears for his personal safety were not wholly removed.

Lieutenant Dudingston to Admiral Montagu.

SIR:—This day I received yours of the 8th inst., and am hardly able to give answer, 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 capable to make oath to one of the people mentioned.

I beg this may be private till I can be moved, as the copy of the former letter, being made public to the people by the Governor, puts me in great danger.

I am, sir, &c, &c,

Governor Wanton next communicated to Admiral Montagu the proceedings 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, it seems, was in accordance with the advice of one of the judges of the supreme court.

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.

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 comitatus, I am of opinion, that in this case, the Admiral hath no jurisdiction. His Honor the Chief Justice has favored me with his opinion on this matter, which herewith 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,

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 Captain Linzee for the detention of his servant; therefore, as Captain 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 and humble servant,

Here ended the proceedings of the colony and the English Admiral, in relation to this subject, previous to the action upon it by the British government.

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, commission, 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.¹

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 become public, which, in prudence, was to be kept secret; nevertheless, Your Lordship's letter to Governor Wanton, was published in the Boston weekly paper, and spread industriously 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 communicate all dispatches from the ministry to his corporation,
and sworn so to do," etc.²
_______________________________________

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.

People in this province, both friends and enemies to government, are in great expectations from the late affair at Rhode Island, of the burning the King's schooner; and they consider the manner in which the news of it will be received in England, and the measures to be taken, as derisive. If it is passed over without a full inquiry and due resentment, our liberty people will think they may with impunity commit any 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.

The persons who were the immediate actors, are men of estate, and property, in the colony. A prosecution is impossible. If ever the government of that colony is to be reformed, 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 at an end, there will certainly be an inquiry into the state of America, the next session of Parliament. The denial of the supremacy of Parliament, and the contempt with which its authority has been treated by the Lilliputian Assemblies of America, can never be justified or excused by any one member of either House of Parliament."

In the "Massachusetts Spy, or Thomas's Weekly Journal," published in Boston, on the 31st December, 1772, is the following, which is doubtless the chief portion of the missing letter referred to.

"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, might bring it within the description 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, nominating yourself and the chief justices of New York, New Jersey, and the Massachusetts Bay, together with the judge of the vice admiralty court established at Boston, to be His 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 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 direct me to signify his 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 peace. 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 commissioners, appear to have been concerned in the plundering and destroying the Gaspee schooner.

It is His Majesty's intention, in consequence of the advice of his Privy Council, that the persons concerned in the burning the Gaspee schooner, and in the other violences which attended that daring insult, should be brought to England, to be tried; and I am, therefore, to signify to you His Majesty's pleasure, that such of the said offenders as may have been, or shall be, arrested and committed within the colony of Rhode Island, be delivered to the care and custody of Rear Admiral Montagu, or the commander in chief of His Majesty's ships in North America, for the time being, or to such officers as he shall appoint to receive them; taking care that you do give notice to the persons accused, in order that they may procure such witnesses on their behalf, as they shall judge necessary; which witnesses, together with all such as may be proper, to support the charge against them, will be received and sent hither with the prisoners."

At the August session of the General Assembly, the subject of the destruction of the Gaspee, was introduced by the following communication from the Governor:

To the House of Deputies:

Gentlemen:—The measures which have been pursued for discovering the persons who were concerned in destroying the King's armed schooner, the Gaspee, as she lay aground on a point of land, called Namquit, in this colony, will appear from the several papers which I have delivered to Mr. Speaker, in order to be laid before you, for your information.

I have, in consequence of that unhappy transaction, addressed the Right Honorable the Earl of Hillsborough; a copy of which, and also what I wrote to the agent, upon the same occasion, I have delivered to Mr. Speaker.

I hope my proceedings will meet your approbation; and submit to your determination what is further necessary to be done, recommending the same to your serious and immediate consideration.

I have the honor to be, &c., &c.,

Whereas, His Honor the Governor, hath laid before this Assembly, a full and particular narrative of the measures he hath pursued, in consequence of the burning of His Majesty's schooner, the Gaspee; and of the steps he hath taken to discover the perpetrators of that atrocious piece of villainy; upon due consideration whereof,—

It is voted and resolved, that the whole of His Honor's proceedings be approved; and that His Honor be, and he is hereby, requested to transmit a copy thereof, to the agent of the colony, in Great Britain;* and to pursue such further measures respecting the said affair, during the recess of the General Assembly, as shall appear necessary.

And whereas, His Honor issued a proclamation, promising a reward of £100, sterling, to any person or persons who shall discover the persons guilty of the said crime;—
___________________

It is therefore further voted and resolved, that this Assembly will make provision for paying the above mentioned reward, in case any person or persons shall be entitled thereto.

And it is further voted and resolved, that no copies of letters, or other proceedings, relating to the above mentioned affair, be delivered out by the secretary, to any person or persons, whomsoever.

It is voted and resolved, that the letter from His Honor the Governor, to the Right Honorable the Earl of Hillsborough, of the 20th of May last, containing a narrative of the proceedings respecting His Honor's calling Lieut. Dudingston before him, &c., be, and the same is hereby, approved.

Whereas, Joseph Rhodes of Cranston, cooper, hath in his hands the sum of $79, belonging to Lieut. Dudingston, which he refuseth to deliver,—

It is therefore voted and resolved, that His Honor the Deputy Governor and the Hon. Stephen Hopkins, Esq., be, and they are hereby, requested and empowered to make inquiry into that affair, and to settle all differences between the parties; and that, if the said Rhodes will not comply therewith, they advise the said Dudingston to take the proper method for obtaining his right.

Proclamation of King George III., relative to the Destruction of the Gaspee

Whereas, we have received information that upon the 10th day of June last, between the hours of twelve and one in the morning, in the Providence or Narragansett river, in our colony of Rhode Island and Providence Plantations, a great number of persons, armed with guns and other offensive weapons, and led by two persons, who were called the captain and head sheriff, in several armed boats, attacked and boarded our vessel called the Gaspee schooner, then lying at single anchor in the said river, commanded by our Lieutenant William Dudingston, under the orders of our rear Admiral John Montagu, and having dangerously wounded and barbarously treated the said William Dudingston, took, plundered, and burnt the said schooner:

We, to the intent that said outrageous and heinous offenders may be discovered, and brought to condign punishment, have thought fit, with the advice of our Privy Council, to issue this our royal proclamation.

And we are hereby graciously pleased to promise, that if any person or persons shall discover any other person or persons concerned in the said daring and heinous offences above-mentioned, so that he or they may be apprehended and brought to justice, such discoverer shall have and receive, as a reward for such discovery, upon conviction of each of the said offenders, the sum of five hundred pounds.

And if any person or persons shall discover either of the said persons who acted as, or called themselves, or were called by their said accomplices, the head sheriff or the captain, so that they, or either of them, may be apprehended and brought to punishment, such discoverer shall have and receive, as a reward for such discovery, upon conviction of either of the said persons, the further sum of five hundred pounds, over and above the sum of five hundred pounds herein before promised for the discovery and apprehending any of the other common offenders above mentioned.

And if any person or persons concerned therein, except the two persons who were called the head sheriff and captain, and the person or persons who wounded said Lieutenant William Dudingston, shall discover any one or more of the said accomplices, so that he or they may be apprehended and brought to punishment, such discoverer shall have and receive the said reward or rewards of five hundred pounds or one thousand pounds as the case may be: and also our gracious pardon for his said offence; And the commissioners for executing the office of Treasurer of our Exchequer, are hereby required to make payment accordingly of the said rewards.

And we do hereby strictly charge and command our Governors, Deputy Governors, Magistrates, officers, and all other our loving subjects that they do use their utmost diligence, in their several places and capacities, to find out, discover, and apprehend the said offenders, in order to their being brought to justice.

And we do hereby command that this our Proclamation be printed and published, in the usual form, and affixed in the principal places of our town of Newport, and other towns in our said colony, that none may pretend ignorance.

Given at our Court at St. James, the twenty-sixth day of August, 1772, in the twelfth year of our Reign.

______________________
*This is a mistake. It was not in Newport, but in Providence, where the party was organized.

We being desirous to be perfectly informed how so daring an attempt could be concerted, prepared and carried into execution in the chief town of our said colony, the residence of the Governor and principal magistrates thereof, not only for the purpose of bringing the said offenders and their maintainers, aiders and abettors, to condign punishment, but also to the end, that fit and speedy order may be taken for securing the future peace, obedience, and well government of our said colony; and placing much confidence in your wisdom, diligence, loyalty, and integrity, do, by these presents, appoint you, the said Joseph Wanton, Daniel Horsmanden, Frederick Smythe, Peter Oliver, and Robert Auchmuty, our commissioners to inquire into and report to us a full and true account of all the circumstances relative to the attacking, taking and plundering and burning our said schooner, and to the assembling, arming, training, and leading the people concerned therein, and to the concerting and preparing the said attack, and of all other insults and obstructions which have been given to the said Lieutenant Dudingston, or to our service in general in our said Colony of Rhode Island and Providence Plantations, and of the causes which have occasioned so daring a violation of our laws.

And for the better execution of our royal will and pleasure therein, we do hereby give unto you, the said Joseph Wanton, Daniel Horsmanden, Frederick Smythe, Peter Oliver, and Robert Auchmuty, or any three of you, full power and authority to receive all such informations and advertisements as shall be brought unto you by or from any of our loving subjects or others, touching the premises; and, also, to inquire, by the examination of witnesses on oath, which oath we do hereby give you or any of you full power, warrant and authority to administer, or by such other ways and means as you, or any three of you, shall, in your discretion, think fit, into the premises or any of them.

And we do further give you, or any three of you, full power and authority to send for such persons, papers, and records as shall be useful to you for the better carrying on the service hereby intended, willing and requiring you, the said Governor, the Deputy Governor, and all other our magistrates, officers, and loving subjects within the said Colony, to be in all things helpful, aiding and assisting to you, and every of you, in the execution of this our royal commission.

And we do further strictly charge and command you, and every of you, that, in the execution and performance of the powers and authorities to you hereby given, you and every of you, do carefully observe and conform yourselves to such instructions as shall be given and sent unto you, in writing, under our sign manual, and to report to us a full and true account of your proceedings herein.

In witness whereof we have caused these our letters to be made patent. Witness ourself at Westminster, the second day of September, in the twelfth year of our reign.

Article 1st. With these our instructions you will receive our commission under our great seal of Great Britain constituting and appointing you our commissioners for enquiring into and making report to us of all the circumstances relative to the attacking, plundering and burning the Gaspee schooner on the tenth of June last in the Narragansett river, within our Colony of Rhode Island, and to the assembling, arming, and leading on the persons who made the said attack, and to the concerting and preparing the same; together with all such other powers and authorities as are judged necessary for that purpose: You are therefore to take upon you the execution of the trust reposed in you, and so soon as three or more of you shall have been assembled at Newport, within our said Colony of Rhode Island, you are to cause our said commission to be read and published in such manner and form, and with such solemnity as are due to the authority from which it proceeds, and the important occasion which it is issued, using your own discretions as to all such other times and places of your meetings, according to what shall appear to you, or the major part of you, to be most fit and proper.

And to those ends you are to summon before you, all such persons as you shall think may be able to give any information touching the said objects of inquiry, and likewise to order all informations, depositions and examinations, which may have been taken and made in writing, touching those matters or authentic copies thereof, to be laid before you, and to make a report to us, by one of our principal Secretaries of State, of all your proceedings and of what shall appear to you respecting the conduct of the magistrates and people of Rhode Island on that occasion

Art. 3d. And, whereas, the civil magistrates and officers within our said Colony of Rhode Island, are entrusted with the power and authority to arrest and commit to custody such of the persons concerned in the plundering and destroying the Gaspee schooner, and in the inhuman treatment of our officer who commanded her, against whom any information shall lay, taken in order to the said offenders being sent to England to be tried for that offence; it is therefore our will and pleasure that you do, from time to time, communicate to the said civil officers and magistrates, such informations as you shall be able to collect touching the persons concerned in that daring attack upon our authority and commission, 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.

Art. 4th. And whereas it is of importance with regard to the mode of proceeding against the said offenders that they should be exactly informed of the place where the offence was committed, it will therefore be your duty to take care in all your proceedings upon this enquiry, as well as in your reports thereof to us, by one of our principal Secretaries of State, to ascertain with the greatest precision whether the offence was committed and done within the body of the Colony, and if so, within what County or district thereof, if not so, in what other place the said offence was committed and done.

Art. 5th. And whereas there may be reason to apprehend, from the outrages which have been committed within our said colony of Rhode Island, by numbers of lawless persons, that insults may be offered to you; it is therefore our will and pleasure that if any disturbance shall arise with a view to obstruct you in the execution of your duty, and any violence should in consequence thereof be offered to you, you do in such case, give immediate notice thereof to the commander-in-chief of our forces in North America, and require of him to send such a military force into the Colony as you shall judge necessary for your protection, and for the aiding the civil magistrates in suppressing any tumults or riots and preserving the public peace.

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60

*Extract from the Providence Gazette, of Saturday, December 26, 1772:
"To be, or not to be, that's the question ; whether our unalienable rights and privileges are any longer worth contending for, is now to be determined.  Permit me, my countrymen, to beseech you to attend to your alarming situation.

The stamp act you opposed with a spirit and resolution becoming those who were truly solicitous to transmit to posterity those blessings which our forefathers purchased for us in the wilds of America, at an immense expense of blood and treasure.

But behold, an evil infinitely worse, in its consequences, than all the revenue laws which have been passed from the reign of Charles the First, to this time, now threatens this distressed,  piratically plundered country.

A court of inquisition, more horrid than that of Spain or Portugal, in established within this colony, to inquire into the circumstances of destroying the Gaspee schooner; and the persons who are the commissioners of this new-fangled court, are vested with most exorbitant and unconstitutional power. They are directed to summon witnesses, apprehend persons not only impeached, but even suspected!  and them, and every of them, to deliver them to Admiral Montagu, who is ordered to have a ship in readiness to carry them to England, where they are to be tried.

Three of the commissioners are a quorum, who are directed to apply to General Gage, for troops to protect them in their offices, and preserve the colony from riots and disturbances. The royal commission for these gentlemen, together with their instructions, transmitted to Admiral Montagu, who, upon being notified that they are convened in conformity to their appointment, is to attend them, and then deliver their commission and instructions, and to be aiding with his sage counsel and advice, whenever necessary.

So much has transpired, respecting this alarming star-chamber inquisition.  And who among the natives of America, can hear it without emotion? Is there an American, in whose breast there glows the smallest spark of public virtue, but who must be fired with indignation and resentment, against a measure so replete with the ruin of our free constitution? To be tried by one's peers, is the greatest privilege a subject can wish for; and so excellent is our constitution, that no subject shall be tried, but by his peers.

Tina establishment is the grand barrier of our lives, liberties and estates; and whoever attempts to alter or invade this fundamental principle, by which the liberties of the people have been secured from time immemorial, is a declared enemy to the welfare and happiness of the King and state.  The tools of despotism and arbitrary power, have long wished that this important bulwark might be destroyed, and now have the impudence to triumph in our faces,  because such of their fellow subjects in America, as are suspected of being guilty of a crime, are ordered to be transported to Great Britain for trial, in open violation of Magna Charta.

Thus are we robbed of our birth-rights, and treated with every mark of indignity, insult and contempt; and can we possibly be so supine, as not to feel ourselves firmly disposed to treat, the advocates for such horrid measures with a detestation and scorn,  proportionate to their perfidy and baseness?

Luxury and avarice, a more fatal and cruel scourge than war, will ere long ravage Britain and ultimately bring on the dissolution of that once happy kingdom.  Ambition, and a thirst for arbitrary sway, have already banished integrity, probity and every other virtue, from those who are entrusted with the government of our mother country.  Her colonies loudly complain of the violences and vexations they suffer by having their moneys taken from them, without their consent  by measures more unjustifiable than highway robbery; and applied to the basest purposes,—those of supporting tyrants and debauchees.  No private house is inaccessible to the avarice of custom-house officers , no place so remote whither the injustice and extortion of those miscreant tools in power, have not penetrated.

Upon the whole, it is more than probable, it is an almost absolute certainty, that, according to the present appearances, the state of an American subject, instead of enjoying the privileges of an Englishman, will soon be infinitely worse than that of a subject of France, Spain, Portugal, or any other the most despotic power on earth; so that, my countrymen, it behooves you, it is your indespensable 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 puck 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 sacrifice of you and your posterity, to gratify their master the devil, who is a tyrant, and the father of tyrants and of liars.                    

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 manoeuvre 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 present wretched conductors of the wheels of government, you will not be alarmed when I tell you that they have determined to vacate the 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 him, to line the harbor of Rhode Island, with positive orders to apprehend the persons
concerned in the enterprise above mentioned.

Awed by the formidable appearance of this hectoring commander and his gallant squadron, 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 heroic colony will reject the dose prepared for them.

Be united, our dear suffering brethren; be steady, and success awaits you; freedom, glorious freedom, will be the purchase. We believe that the ancient British spirit of independence, 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 December 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 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 superiors, 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 10, 1772 :
" By the Cruiser sloop-of-war, Capt. Howe, arrived at New York, from England, His Honor the Governor, had 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 examine such persons as Admiral Montagu shall direct to be apprehended. These devoted persons, it  is further said, are to be transported to England, where they are to be tried for high treason. The admiral, with a number of ships and tenders, is to be at Newport; and the commissioners 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 and prejudice, is shocking to humanity, repugnant 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, January 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 Parliament, whereby the crown is empowered, so that persons supposed to be guilty of certain crimes, may be hurried away from any county in 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, in the Massachusetts Bay, December 17, 1772:
"Resolved, that we have been of late greatly alarmed at the appointment of commissioners, in consequence of a late act of Parliament, entitled 'An act for the better preserving His Majesty's dockyards, magazines, ships, ammunition and stores, and to inquire after the persons concerned in burning His Majesty's schooner, the Gaspee, at Providence; which, though  a very unjustifiable act, yet we apprehend this method of proceeding, an infringement 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."

These papers were transmitted to Admiral Montagu, and sent by him to Gov. Wanton, by express:

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 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 Mercury, 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 indented mulatto informed and has sworn against. The mulatto remains on board with the Captain, and shall be ready to attend the commission whenever he is called for.

As I find Captain 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 commission should at any time want him, you will direct his person to be secured from insults or arrests.

Whenever you will favor me with your commands, you will find me ready to co-operate with you in every thing for the King's service.

I have the honor to be, sir, &c, &c

This led to the following correspondence before the opening of the session of the commissioners:

I am, &c, &c,

Your Honor's most obedient servant,

I am, 7c, &c

I am, sir, &c, &c,

I am, sir, your most obedient servant,

I shall be glad to know whether you intend to proceed to business, or adjourn to any particular time, that I may conduct myself relative to his Majesty's service here, accordingly.

I am, sir, &c, &c,

I shall be glad to wait on you at Newport, and am, sir, &c, &c,

I am, yours, &c.,

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 agreeable 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 [illegible] from them.

I am, &c, &c.,

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 England 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 cases arising within the limits of the Colonies of New Hampshire, Massachusetts Bay, Rhode Island and Connecticut, commissioners appointed for enquiring into and reporting to his Majesty a full and true account of the circumstances relative to the attacking, taking, plundering and burning his Majesty's armed schooner called the Gaspee, commanded by Lieutenant William Dudingston, Esq., within the Colony of Rhode Island in America, on the 10th day of June, A. D. 1772, and for other purposes therein mentioned, at the Colony House at Newport, in Rhode Island, Tuesday the fifth day of January, A. D. 1773, the above commissioners being present.

His Majesty's said royal commission, with instructions to said commissioners under his Majesty's signet and sign manual, were delivered to the 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 conceived that the presence of Rear Admiral Montagu, commander-in-chief of his Majesty's ships and vessels employed in North America, is necessary for the furtherance of the present service.

The following letter was thereupon written and delivered by James Clark, one of the Secretaries of the commissioners, to Captain Simmons, to be by him immediately conveyed to Admiral Montagu:

The Commissioners of Inquiry, &c., to Admiral Montagu.

We are, sir, with great respect, your most obedient and most humble servants.

Joseph Wanton,                 Frederick Smythe
Daniel Horsmanden,          Peter Oliver,
Robert Auchmuty,                                   Commissioners,

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.

We do solemnly and sincerely, in the presence of God, profess, testify and declare, that we do believe, that in the sacrament of the Lord's supper there is not transubstantiation of the elements of bread and wine into the body and blood of Christ, at or after the — thereof by any person whatsoever: And that the invocation 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 superstitious 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 authority or power whatsoever, or without any hope of such dispensation from any person or authority whatsoever, or without 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.

The proceedings of said commission were then adjourned till to-morrow at 11 o'clock, then to meet at the Colony House, aforesaid. 

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 on and duly executing the said commission, and that they are ready to receive information relative to the attacking, taking, plundering and burning the Gaspee schooner on the 10th of June last, 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 great seal of Great Britain, for inquiring into the circumstances of attacking, plundering and burning his Majesty's schooner Gaspee, under the command of Lieutenant Wm. Dudingston, on the 10th of June last, are now convened and continue to set 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 to the directing and preparing the same, are requested forthwith to give information thereof to said commissioners at the above mentioned place."

By order of the Commissioners,--

The proceedings on said commission were then adjourned till to-morrow at 10 o'clock, then to meet at the Colony House aforesaid.

Governor Wanton laid before the commissioners four letters which had passed between him, Admiral Montagu and Lieutenant Dudingston, also one other letter, signed by Governor Wanton, and transmitted by him by order of the General Assembly 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 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 burning 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 account of the steps he had taken in order to discover the persons who destroyed his Majesty's schooner Gaspee.

A message was sent to Mr. Sessions requesting his attendance, 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 exercise of the power and authority with which they are invested 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 assembling, arming, and leading on the persons who perpetrated the same, which he also promised to do without loss of time.

The proceedings of the commission were then adjourned till tomorrow at ten o'clock before noon, then to meet at the Colony House aforesaid.

Present, Joseph Wanton, Esq., Daniel Horsmanden, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., Robert Auchmuty, Esq.

Mr. Brenton, one of the Secretaries under the present commission, was examined by the commissioners touching the obstruction to the execution of a warrant issued by Metcalf 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, Esq., being of full age, duly sworn upon the Holy Evangelists, deposes and saith:

That upon the seventeenth day of July last, he was requested by the Hon. Joseph Wanton, Esq., Governor of the colony of Rhode Island aforesaid, to attend Robert Lillibridge, one of the deputy sheriffs in the county of Newport in said colony, who was ordered with a warrant from Metcalf 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 unknown) in attacking and burning his Majesty's schooner the Gaspee, on the tenth of June last, and upon finding the said Aaron, to take him before the said Metcalf Bowler, or some other lawful authority, in order that the said Aaron might be examined relative to the said transaction, and be proceeded against according to law.

That this deponent, about one o'clock in the afternoon of the said seventeenth day of July, went with the said deputy sheriff from said Newport, in order to go on board his 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 forbid 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 said ship, that he, this deponent, with your said deputy sheriff, were 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 said Jahleel Brenton's house, this deponent 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 would deliver up to the civil magistrate a mulatto boy called 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 requested to deliver up said mulatto in consequence thereof.

To which the said Capt. Linzee 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 Gov. Wanton, the chief magistrate of said colony, in order to explain to him, if necessary, the nature of the warrant and the impropriety of Capt. Linzees'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 Montagu'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. Linzee, if he had any doubt about the legality of the warrant, which this deponent held in his hand?

To which Capt. Linzee, looking carelessly upon it, said, it might be good for what he knew, but that he did not regard it any more than if 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 arrested by civil process, on account of some seizures which had been made by him,) would not consent the deputy sheriff should see him, and further this deponent saith not.

The commissioners thought it advisable to defer the examination of any of the witnesses respecting the burning of the Gaspee, &c., until the arrival of Admiral Montagu at Newport, or they receive an answer from him to their letter written the 5th inst., and transmitted by Capt. Symonds.

The proceedings on the commission then adjourned till to-morrow at ten o'clock in the forenoon, then to meet at the Colony House, aforesaid.

Present, Joseph Wanton, Esq., Daniel Horsmanden, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., and Robert Auchmuty, Esq.

Darius Sessions, 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 ninth day of January in the year of our Lord one thousand seven hundred and seventy-three, before the commissioners appointed by a commission under 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 tenth of June last, in his proper person came 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 evening of the ninth of June last, at about nine 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 drum 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, whereupon 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 with no other design than to divert themselves with the drum, he retired from his window without saying anything 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, outrage 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 suppressing 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 information; he then went to a small house by the shore, where he heard Lieutenant Dudingston was lodged, and there found him in dangerous circumstances.

He told Lieutenant Dudingston if 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 hundred 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 to Boston, or on board the Beaver at Newport, which the deponent promised 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. Dudingston 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 anything 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 everything material relative to the destruction of the schooner, he forthwith transmitted copies of their examinations to the Governor.

The deponent then gave orders that the seamen should be collected together and provided with victuals 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 ware house, which was done, and soon after delivered to Capt. Linzee, of the Beaver.

He also desired a gentlemen, who lived near Mr. Dudingston, to supply said Dudingston 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 believes he verily complied with. These expenses were recommended by the deponent to the General Assembly, who ordered payment out of the public treasury.

The deponent consulted with the Chief Justice, and most of the civil authority 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, neither has he ever heard that information has been made to any of the civil authority within the colony, and further this deponent saith not.

A letter was delivered to the commissioners about 2 o'clock, P.M., then setting at the Colony House, by express, in answer to their letter of— forwarded by Capt. Symonds, which was read and ordered to be filed.

You say by your instructions you are directed to deliver to the custody of the commander-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 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 safe 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 assistance 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 manner 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,

The commissioners immediately agreed to an answer, which was written accordingly and sent off about 3 o'clock by the same express.

Present, Joseph Wanton, Esq., Daniel Horsmanden, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., and Robert Auchmuty, Esq.

The commissioners received a letter from Metcalf Bowler, Esq., one of the Justices of Assize in the colony of Rhode Island tendering his services in aid of the commission, which was read and ordered to be filed.

Justice Metcalf Bowler to the Commissioners. &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 Crown, 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 his Majesty's Crown and dignity within the colony on the 10th of June last.

I am, with the greatest respect, your most obedient humble servant.

Question.—What is your name and occupation?
Answer.—Stephen Gulley is my name, and a husbandman my occupation.
Q.—What age are you?
A.—Aged 41 years
Q.—Where is your place of abode?
A.—At Smithfield, in the county of Providence, in the colony of Rhode Island.
Q.—Have you lately been on board any of his Majesty's ships? What ship? How long have you been on board?
A.—That he has been on board his Majesty's ship the Lizzard ever since Tuesday last, and that he went voluntarily on board for his own personal safety.
Q.—What reason had you to suppose you was unsafe?
A.—On Monday night, the fifth inst., I went into the public house at the ferry on Rhode Island side, where he set down and called for some drink, which they gave him; he then called for supper and had it; afterwards he rose from the table and sat down near the fire-place, by the master of the house, when a man, unknown to him, came and sat down by his side. I asked where he was bound; he said to Newport; the man told him he would not get there; he asked him for what reason he thought so; he replied, there were about twenty armed men in the road, one of them with two brass pistols, who, he said, were come to take him alive or dead, to carry him back to Providence; that he, said man, went out into the other room; the landlord then spoke to the deponent and told him he would give him a word of advice; he said there were about twenty armed men that said they would have him, the deponent, and that he did not know but they would tear his house down if he stayed there; he then called his children and, he believes, his wife, into the room, and gave them a strict charge to tell the men if they inquired after this deponent, that he was gone out with the landlord to talk together, and that this happened about eight o'clock in the evening; the landlord then told him he would show him a way where he might escape their hands, that they might know nothing where he was gone. The landlord then went with him about a quarter of a mile, he thinks from said house, in sight of a pond, and they then parted, the landlord first directing him the road to Newport.
Q.—What do you know relative to the attacking and burning the Gaspee schooner on said 10th of June last?
A.—As to my own knowledge I know nothing about it; but that some time about the last of December last he was told by Capt. William Thayer, of Mendon, in the province of Massachusetts, that Saul Ramsdale, late of Mendon, who was a shoemaker at work at Providence, at the time the Gaspee was burnt, told him and one of his sons he knew who the persons were who were concerned in that affair, and that he, the said Ramsdale, was in company with them before they went off from Providence, but did not go himself; upon which, this deponent went immediately to Ramsdale, who was then at Mendon.

He found a young fellow with him, but upon this deponent telling Ramsdale that he wanted a private conversation with him, the young man went away; this deponent then asked him about the burning of said Gaspee schooner, and whether he had any knowledge of that matter; Ramsdale then asked him who told him that he, Ramsdale, knew anything of that matter; he told him he did not choose to say who gave him that intelligence; he, said deponent, then told him if he would give this deponent any intelligence about burning the Gaspee schooner he would be a good friend to him; Ramsdale then told him he did know something about the thing; that he knew the heads of the gang that went down the river with that intention; that he saw two men with guns under their arms, and one of them swore with a very high oath that he would be revenged upon the affair he was agoing upon before he returned, and that he, the said Ramsdale, was picked for one of the gang to go with them, but being faint hearted and discouraged, he did not go; this deponent then asked him whether some of the Browns were not concerned. Ramsdale answered yes, but does not remember that he mentioned his Christian name; he, this deponent, then asked him how many in number there were, if there was two hundred; he said more; he then asked him if there was four hundred; he said not so many; he then asked him if there was three hundred; he said yes; he then asked him if there was any more; he said yes, something upwards; he then parted with said Ramsdale, and this deponent then went to Boston. This deponent further saith that he had been acquainted with said Ramsdale many years; that he told said Ramsdale that he would be sent for, and Ramsdale begged he would not discover him.

The commissioners were of opinion that it was necessary to issue a summons to Saul Ramsdale, William Thayer, and Joseph Borden. A summons was accordingly issued and delivered to Samuel Clark, who was sent off express at 2 o'clock. 

Present, Joseph Wanton, Esq., Daniel Horsmanden, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., and Robert Auchmuty, Esq.

Joseph Borden, of Portsmouth, inn-holder, pursuant to summons, appeared before the commissioners and was examined upon oath, which examination was taken in writing, and ordered to be filed. 

That some time in the beginning of last week, a man came to his house in Portsmouth, who called himself Stephen Gulley; he appeared to be in liquor, and requested that he might have supper and lodgings, which the deponent told him he might have.

Before supper he went from the deponent's house in company with one Thomas Aylesbury, and as they had both been noisy and used very bad language, the deponent fastened the doors of his house, in order to keep them out,

After some time this Stephen Gulley returned and knocked at the door, upon which he let him in, and told him his supper was ready in the back room; and while he was eating his supper Aylesbury returned, and said to Gulley, my friend, I believe you are upon some bad design, as I understood, by your talk, you are going to Newport to give information about burning the Gaspee.

To which Gulley replied, that it was nobody's business but his own.

Then Aylesbury told him he would not get to Newport, as there were a number of Indians with brass pistols in the road, who would take care of him.

But this deponent in fact sayeth that he did not know, neither has he any reason to believe, there were any Indians in the road leading to Newport, and the deponent supposed that Aylesbury told this story to Gulley with no other design but to frighten him.

After Aylesbury left the room Gulley asked the deponent what he should do; and as he recollected Aylesbury was in liquor, and did not know but there might be some disturbance between him and Gulley, he, the deponent, told Gulley there was a lower road that he might go in, by which he might avoid that which Aylesbury had told him the Indians were in, and if he would pay his reckoning he would go and direct him to that road.

On which he asked the deponent if he would not take a weapon with him.

Whereupon he replied that he should not take a weapon with him, as he did not believe any body would hurt him, the deponent, or the said Gulley, and then immediately proceeded to show him the road, by going with him as far as his barn, which is about twenty rods from the deponent's house, and showed him a pond near to which was a road, and directed him to take that road and steer southward till he came into the main road, which he would soon do.

The deponent then left Gulley, and returned to his dwelling house, where he saw nobody but his own family, either in the house or about it, and every thing remained quiet.

And this deponent further saith, that while he was in the kitchen, soon after Gulley came to his house, and before Aylesbury had told Gulley he believed he was upon some bad design, he heard a person reading the King's proclamation for discovering the persons who burnt the Gaspee schooner, upon which Gulley said it was a fine reward, and he intended to have it; and the deponent believes that Aylesbury was then in the room, and further this deponent saith not.

Aaron Briggs, aged eighteen years or thereabout, declares, that at the age of five years he was bound by the town of Portsmouth, an apprentice to Capt. Samuel Tompkins, of Prudence island, until he should arrive at the age of twenty-four years; from which time, until he went on board the man-of-war, he was constantly in the service of the said Capt. Tompkins, as a laborer on his farm.

That his master kept a two mast boat to transport his farm produce to market, which was the only sail boat within five miles of his master's farm at the time the Gaspee was burnt.

That at that time one Remington, who lived about one mile from where the deponent lived, had a row boat large enough for six hands to row; also one Ephraim Peirce, at about a mile and a half distance, had a two mast boat, and that the sails of his master's boat had been taken off his master's boat some time before the night on which the Gaspee was burnt, and she leaked in such a manner that she could not sail.

That a little after sunset, on the night on which the Gaspee was burnt, he left the island of Prudence, but does not know the day of the week, or the day of the month; that he went off the island in a little fishing boat of two oars, which boat lay just before the house; that before sunrise, and about an hour after daybreak, he returned to his master's house from the shore where they landed the people belonging to the Gaspee, which shore was about a mile above said Gaspee, and the Gaspee about six miles from his master's house, and that it was about four or five miles from his master's to the place where they landed the Gaspee people; that he found the oars in the boat that he went off said island in.

That the reason he went off the island, was to carry the boat round to the east side of said island, to carry a man named Samuel Faulkner, a hired man, to Bristol the next night, and that this young man told the deponent that he would ask his master's leave for that purpose.

That going round said island, at about half a mile from said shore of said island, he met a boat and one Potter, whose Christian name he does not know, and whom he, in company with Faulkner above-named, had once seen on a wharf at Bristol, and there heard him called by the name of Potter;

And further says, that said Faulkner told him that that was the person who owned the ropewalk at Bristol which they had been in; that when he met said Potter, as above-mentioned, he was in a boat which was rowing with eight oars; that the time he met the said Potter was about half an hour after he, this deponent, left the island, and he, said Potter, was about five miles from Bristol; that there were eleven men in said boat, said Potter was in the stern sheets; that the weather was cloudy; that when Potter hailed him they were about fifteen rods distant.

The first words Potter spoke was by asking who was in that boat.

The deponent answered, he was in there.

Potter told him to come that way, he wanted to speak to him.

Upon which he went to him, and Potter told him he wanted this deponent to go up with him about a mile, that he would be back in an hour.

This deponent said he could not, he was in a hurry to go home; to which Potter replied, he must go with him; the deponent answered, he could not, he must go home, or his master would punish him, and this deponent then began to row away.

Potter told him he wanted this deponent to go with him to fetch something down which this deponent had forgot, and that he would pay him for so doing.

This deponent said he had rather go home, for if his master should miss him he would say he was out all night, and flog him.

Upon which Potter said, there is no can't in the matter, you must go along with me, we shall be back in an hour; and further said, give me your painter, you need not row, we will carry you up there.

Upon which this deponent gave them the painter; that he, this deponent, being in his own boat, was rowed up by Potter's boat till they came within half a mile of the schooner.

Potter then said to this deponent, get into my boat: that he got into the boat; Potter then told him they were going to burn the man-of-war schooner, and that he, this deponent, must go with him.

To which he replied, that it was hard for him to be brought there, where he might lose his life.

Potter then said they were all upon their lives.

This deponent still repeated, it was hard for him to go.

But Potter said he must go now he was there; that they would give him a weapon, and he must do as they did, knock them down, and not let them kill him if he could help it, and gave him a handspike; the rest were armed some with cutlasses, some with muskets; this happened at about ten o'clock at night;

Potter further told this deponent that they expected 16 or 17 more boats from Providence.

In about an hour afterwards they met eight boats about half a mile from the schooner, which appeared to be pretty full of people.

Upon their meeting, Potter and two men, called Browns by the people, whom this deponent did not know, talked about how they should board the schooner; one of these persons called Brown, got into Potter's boat, on which they were hailed from the Gaspee and told to stand off; upon which, Brown said row up.

Immediately after, he, this deponent, saw the captain of the schooner come upon deck in his breeches, and fired a pistol into one of the boats and wounded one of the men in the thigh; that he saw a man who was in the boat with Potter, and who was called Brown, fire a musket, which wounded the captain; after which there was no more firing, but they instantly boarded the schooner; that the captain of the schooner, when he was wounded, he thinks, stood by the foreshrouds upon the left hand side.

When they got on board there were about four of the schooner's men on deck, and the rest were coming up out of the hold, and somebody said knock 'em down and kill them, no matter what you do with them.

That this deponent did not know the Browns, nor hear them called by their Christian names, and further declares that it was John Brown who shot the captain, and that he hath never seen either of the Browns since

That after they got possession of the vessel, they took the hands belonging to the schooner and threw them down the hold, and this happened about 3 o'clock in the morning

Then the people searched the vessel, took the captain's papers, which he desired they would give him: but they refused, tore them and threw them overboard; then they took the Gaspee's people, tied their hands, and put them into the boat and carried them ashore, this deponent going with them.

By the time they got halfway ashore, the schooner was on fire; that before they went ashore, a doctor, whom they called Weeks, from one of the boats, dressed the Captain's wounds; that when they had landed the people, they untied their hands and let them go, and the captain of the schooner they carried up to a house.

After they had landed the men they put off to return, and Potter told them he would give him two dollars for what he had done, which he accordingly did; upon which this deponent set off in his own boat and rowed home; that it was about 4 o'clock when they had landed the schooner's people; that it was a moonlight night but sometimes cloudy; that soon after the people had boarded the schooner, they hoisted the top sails, her head laying up towards Providence, and he saw nothing further done to her or her sails; that the schooner when they boarded her was aground; that the person who acted as surgeon, he thinks he has seen at his master's house, but is not sure it was the same person.

This deponent further says, that the person to whom he first gave an account of the above affair of burning the Gaspee, was Capt. Linzee, of the Beaver.

Some time after the burning of the schooner he went on board the Beaver in his master's said boat; that immediately upon his going on board they put him in irons, because they imagined he intended to run away from his master; it was about ten o'clock at night when the deponent was put in irons, and was released about ten o'clock the next day, and then they were going to flog him.

After he was tied up to the mast, one of the Gaspee's men, called Paddy Alis, jumped up and told the captain that he thought that he, this deponent, was one that was aboard the schooner Gaspee.

About this time the deponent had said nothing about the burning of the schooner, nor had made no discovery relating to what he knew.

The captain asked the man if he was sure of it.

He said yes.

The captain asked what clothes he had on; the man said two frocks.

Then the captain told the man to examine what clothes he had, which they found were two frocks.

There was no mention made of any other clothes. The next day Paddy Alis and the deponent were called up before the captain, who asked the Paddy if he was sure that this deponent was one concerned in the attack of the schooner.

He said yes.

He further asked him if he could swear to it.

He answered yes.

That the captain then administered an oath to the said Paddy upon the Bible, who swore that this deponent was there.

The captain then said to this deponent, my lad, you see this man has declared you was there, and if you don't tell who was there with you, I will hang you at the yard arm immediately, and if you do, you shall not be hurt.

Upon which this deponent told the captain all the heads that was there, the captain saying he did not want to know any thing about the poor people, but only the heads.

This deponent further says, that he never spoke to any of the Beaver's crew till he got on board; that his master's boat, in which this deponent went on board the ship, his master went on board and received again; that this deponent went on board said man-of-war with an intention not to return again to his master; that he, this deponent, never was christened, and that he should have told Capt. Linzee all he knew relating to the Gaspee immediately upon his going on board if they had not put him in irons.

The deponent further says, that the morning after the burning of the schooner, when he returned to his master's, he went to bed with two black servants, with whom he usually slept; he lay there a little while, and upon his master's knocking, he got up and went to fetch the cows.

That when he first returned to his master's house, he got in at a lower window on the southwest part of the house, which opens into the middle room; that during the whole transaction on said night the schooner was burnt, no man called this deponent by his name or knew him.

I do hereby certify that the above deponent is of a respectable family, sober life, and ought to be credited.

GENTLEMEN:—I now address you on account of a summons I received from you, requiring my attendance at the Council Chamber in Newport, on Wednesday, 20th inst.

Now, gentlemen, I beg leave to acquaint you what renders me incapable of attending. In the first place, I am an insolvent debtor; and therefore my person would be subject to an arrest by some one or other of my creditors; and my health has been on decline these two months past, and it would be dangerous should I leave my house.

And further, were I to attend, I could give no information relative to the assembling, arming, training or leading on the people concerned in destroying the schooner Gaspee.

On the 9th day of June last at night I was employed at my house attending company, which were John Andrews, Esq., Judge of the court of Admiralty, John Cole, Esq., Mr. Hitchcock, and George Brown, who supped at my house and stayed there until two of the clock in the morning following; and I have not any knowledge relative to the matter on which I am summoned; which I am ready to make oath to before any Justice of the Peace.

Some time after, I being there, heard a drum beat; I asked the reason of said drum beating; was answered by some one of the company, that there was a number of boys met together, they supposed, to divert themselves.

I knowing it to be no uncommon thing, thought no more about it; and do solemnly declare that I have no knowledge, directly or indirectly, of any plot being laid, or any person concerned in perpetrating so vile a crime, and shall be ready at all times, when in my power, to appear and answer any question relating to said affair, if required.

I am, gentlemen, your honors' most obedient and humble servant,

I am your Honors most obedient humble servant,

Present, Joseph Wanton, Esq., Frederick Smythe, Esq., Peter Oliver, Esq., and Robert Auchmuty, Esq.

Samuel Clarke, who was charged with the delivery of the several summonses issued by the commissioners on the 18th inst., made return upon oath of his service thereof, which was ordered to be filed. Samuel Clarke exhibited his account to the commissioners for performing two journies for them, one to Mendon, and the other to Providence, which amounted to —, and was paid by the commissioners.

The commissioners agreed to address the Earl of Dartmouth, whereupon a letter was drafted in the following words:

The Commissioners, &c., to the Earl of Dartmouth

Being convinced that the above charge given us by his Majesty in our commission referring to the instructions under the sing manual, could not be dispensed with, we wrote to Rear Admiral Montagu that we were fully of opinion that his attendance at Newport was necessary, in order if there should appear evidence against any person sufficient to arrest him upon, he must be delivered to the Admiral according to our instructions, from which we could not depart, notwithstanding your lordship's letter of the 4th of September last to Gov. Wanton, wherein you inform him "that such offenders as may have been or shall be arrested and committed within the colony of Rhode Island be delivered to the care and custody of Rear Admiral Montagu, or the commander-in-chief of his Majesty's ships in North America for the time being, or to such officer as he shall appoint to receive them."

We here beg leave to assure your lordship, that we had not the least inclination to deviate from your lordship's letter had not we been fully convinced that the express words of our commission obliged us to do it.

Several letters passed between us and the Admiral on this subject, wherein we explained to him the necessity, according to our commission and instructions, of his being here in person.

Though we did not agree on this head, he thinking that, according to his instructions and your lordship's last mentioned letter, his presence was not at all necessary; yet he was polite enough to come to Newport on the 14th day of the month, and meeting us at the Council Chamber on the 18th inst., he informed us that he believed from the information he had received from others, Capt. Dudingston would be able to make such declaration relative to the business we are on, as would prove very material, and at this inclement season of the year it was impossible for him properly to execute his orders from the Lords commissioners of the Admiralty relative to the business we are now upon. Also that the other duties of his department at the time absolutely required his attendance at Boston, and therefore in a very few days he must return.

Taking all these matters into consideration, and the extreme rigor of the season, which renders it almost impossible to procure witnesses who are at any distance from us without waiting a very unreasonable time for them, we thought an adjournment to May next necessary for his Majesty's service, and accordingly notified Admiral Montagu that we should adjourn to on or about the 26th of that month, when he will undoubtedly be here.

Copies of the letters passing between the Admiral and us on these subjects are herewith transmitted to your Lordship.

We are, with the utmost respect, my Lord, your Lordship's most obedient and most humble servants.

Joseph Wanton, Esq., Governor of the colony, made oath of what he knew respecting the Gaspee, &c.

On or about the 20th of March last, a complaint was transmitted to the deponent, by the deputy governor of the colony, signed by sundry persons residing in and near the town of Providence, that an armed schooner was cruising in the Narragansett Bay, interrupting their legal commerce, by searching and unnecessarily detaining the freight boats, &c., and therefore requested the deponent to make such inquiry as was necessary for obtaining information, whether the persons belonging to said schooner were duly authorized to exercise that power within the body of the colony.

Upon receiving the complaint, the deponent conceived it was his duty, in order to satisfy the complainants, and at the same time to give the persons complained of an opportunity of exculpating themselves from the several charges and accusations which were exhibited against them, to pursue such measures as were prudent and legal, and thereupon wrote a letter to the commanding officer of said schooner, advising him of the information the deponent had received respecting his conduct and proceedings since his arrival within this colony, and requesting that he would produce his commission and authority.

This letter was answered by Lieutenant Dudingston, which, not being satisfactory, the deponent wrote him another letter, on the 23d of March.

In consequence whereof, Lieutenant Dudingston sent the deponent, by one of his officers, whose name was Dundass, an order from the Lords of the Admiralty for his commanding the schooner Gaspee, also their letter to the commissioners at Boston, requiring them to give a deputation from the commissioners at Boston, directed to the said Dundass, all which the deponent, after he had read and examined, returned to the said Dundass, who had the charge of them, without the least delay or interruption whatever.

The deponent took this opportunity to remonstrate to the officer against the impropriety of Mr. Dudingston's proceedings, in sending a quantity of rum he had seized in the county of Kent, within this colony, for illegal importation, to Boston for trial, it being, in the deponent's opinion, repugnant to an act of Parliament made and passed in the eighth year of his Majesty's reign, as there was a Court of Vice Admiralty established within this colony; and that if he persevered in such measures, he must expect that a process would be issued against him.

A short time after this another complaint was brought against Mr. Dudingston, by one Faulkner, of Portsmouth, in this colony, and proprietor of a certain island called Gould Island, within the said colony, who alleged that the people belonging to said schooner Gaspee had been upon said island, and committed a trespass and waste thereon, by cutting down thirty or more trees and carrying the same from off said island.

The deponent recommended to the complainant to make application to said Dudingston, and demand such satisfaction as was adequate to the damage he had sustained, and if possible to avoid a law suit, which, he said, he had been urged to commence.

After which, he was informed by said Faulkner, that Lieutenant Dudingston had paid him about fifteen dollars on account of the above named trespass and waste, with which he appeared satisfied.

On the 11th of June, the deponent received from Darius Sessions, Esq., of Providence, and deputy governor of the colony, an account of the destruction of his Majesty's schooner the Gaspee; upon which, he immediately called together such of his Majesty's council and members of the General Assembly as could be seasonably notified, and communicated to them the disagreeable intelligence, who unanimously recommended a proclamation, with a proper reward, for discovering the offenders, which was thereupon issued, and sent into the several towns within the colony.

Admiral Montagu, on the 8th of July, transmitted to the deponent the declaration of a mulatto lad, called Aaron, impeaching several persons therein named with being concerned in burning the aforesaid schooner.

As this declaration was not made before any of the civil authority, either in this or any other colony, the deponent was of opinion that it was highly necessary that Aaron should be taken into custody, and therefore directed one of the Judges of the Superior Court to issue his warrant for Aaron, that he might be legally examined; and as he was then in the care of Capt. Linzee, wrote him a letter dated the 16th of July, (which letter accompanied the warrant,) requesting that he would deliver the said Aaron to the sheriff, that he might be examined respecting what he knew of attacking and burning the Gaspee.

But Capt. Linzee refused to deliver up the witness, and treated the letter and warrant with the highest contempt, as the deponent was informed by James Brenton, Esq., who waited upon Capt. Linzee with the letter at the deponent's request. If Aaron had any knowledge of burning the said schooner it was out of the power of the deponent to obtain it, through the unjustifiable conduct of the said Capt. Linzee.

The deponent communicated to Admiral Montagu, in a letter dated the 23d of July, the steps he had taken for obtaining Aaron's declaration in full expectation that he would have given positive orders for the delivery of Aaron into the custody of the civil authority, especially as the deponent had assured Capt. Linzee that after his examination he should be returned on board the King's ship.

The deponent cited Mr. Samuel Thurston and Mr. Samuel Tompkins, of the island of Prudence, the gentlemen with whom Aaron had lived as an indented servant, to give evidence of what they knew of the destruction of the Gaspee, &c., and also two servants, who lived in the same house with Aaron at the time the said schooner was burnt, who agreed in their several testimonies, that Aaron was a runaway, and could not, for the reasons given in their depositions, have any knowledge of that transaction; copies of which testimonies the deponent transmitted to Admiral Montagu.

This deponent further declares, that the several letters and papers he has delivered to the commissioners, contain a full and particular account of all the knowledge he hath of the destruction of the said schooner Gaspee, and the measures which have been pursued for discovering the offenders.

To His Majesty's commissioners, at Rhode Island.

Present, Joseph Wanton, Esq., Daniel Horsmanden, Esq., and Frederick Smythe, Esq.

Samuel Clark, who was charged with the service of summons on the 12th inst., for two persons at Mendon, made return upon oath of his service thereof, which was ordered to be filed.

The commissioners received a letter from Arthur Fenner, at Providence, excusing his attendance in obedience to a summons of the 18th*

Also, a letter from James Sabin, excusing his attendance in obedience to a summons of the same date, which were ordered to be filed.

The commissioners adjourn all further proceedings until the 26th day of May next, then to meet at Newport.

The Lords of the Admiralty to Admiral Montagu, relative to his personal attendance upon the Commissioners, &c., at Newport.

By the commissioners for executing the office of Lord High Admiral of Great Britain and Ireland, &c.

Whereas you represented to us by your letter of the 19th of January last from Rhode Island, as the season of the year was so far advanced as to render it hazardous for you to proceed thither with the ships under your command agreeable to our instructions of the 7th of September last, you had given Capt. Keeler, of the Mercury, the senior officer of the King's ships at that Island, to whom you had before despatched his Majesty's commission for enquiring into the circumstances relative to the burning of the Gaspee schooner, orders to aid and assist the commissioners therein named in the same manner as you should have done had you been there; but, as the said commission expressly directs the prisoners to be delivered to you, the commissioners did not choose to proceed to business until your arrival.

That, in consequence of receiving such information, you had proceeded thither by land, and had hoisted your flag on board the Lizzard; and that the commissioners had examined some few persons.

And whereas you further represented to us, by your said letter, that, if you are obliged to attend the commissioners at Rhode Island, the naval business at Halifax and Boston will be greatly retarded, as it will be impossible for you to attend to those and your other duties, and have therefore desired, as the senior officer of his Majesty's ships at Rhode Island will, in your opinion, in every respect, answer the purposes there as well as yourself, that you may receive our directions to remain at Boston with your flag, unless there appears to be an absolute necessity for your being at Rhode Island.

And whereas the Earl of Dartmouth, one of his Majesty's principal secretaries of state, to whom we sent an extract of so much of your letter as related to this business, for his Majesty's information, hath, by his letter of the 20th instant, acquainted us that his Majesty is pleased to approve that the execution of his Majesty's orders respecting the service at Rhode Island, should be entrusted to the senior Captain of such of his ships of war as may from time to time be stationed at that colony.

You are therefore hereby required and directed to entrust the execution of his Majesty's said orders to such senior captain accordingly.

Given under our hands the 26th of March, 1773.

Previous to the reception of these orders, the following letters passed between the commissioners and the officers of the Navy stationed in New England:

I expect the Captain man-of-war will return from Halifax in ten days, when I shall lose no time in repairing to Rhode Island; but if, in the meantime, you should think my presence absolutely necessary, I will set out by land, although it will be attended with great inconvenience to me.

Capt. Keeler has my orders to give you ever assistance in his power, and I doubt not but that he will faithfully execute them.

I am, gentlemen, your most obedient humble servant,

Likewise a letter directed to his Majesty's commissioners at Rhode Island, with directions to me to deliver it to you when sitting.

But as I am detained on board on account of a writ being issued out against me, I am to desire you will give me notice in writing, when you meet, that the letter may be sent by a proper officer, and of the time you choose to have the evidences on shore to be examined.

I am, sir, your most obedient humble servant,

Your most obedient humble servants,

Your most obedient humble servants,

J. WANTON,  FRED SMYTHE
DAN. HORSMANDEN,    PETER OLIVER,
ROBT. AUCHMUTY,
Commissioners

Your most obedient, humble servant,

Deposition of William Dickinson.

The examination of William Dickinson, late midshipman of his Majesty's schooner the Gaspee, taken on oath at Newport, in the colony of Rhode Island, this first day of June, A. D. 1773: Who saith.

That on the tenth day of June, in the year one thousand seven hundred and seventy-two, between the hours of 12 and 1 in the morning, the said schooner, then working in her dock upon Namquit Point, about two miles below Pawtuxet, and not able to get off; the watch being on deck, as he supposed, gave the alarm that a number of boats were coming down the river.

Upon which Lieutenant Dudingston went on deck and hailed the boats, and ordered them to keep off or he would fire into them; but as they refused to keep off we fired at them, and they returned the fire, whereby Lieutenant Dudingston was wounded in the left arm, and in the groin.

They then boarded us, and used us very ill, by beating and knocking down the people, and afterwards by tying them and throwing them into their boats, the captain of the gang swearing he would give no quarters. 

The captain of the gang ordered Lieutenant Dudingston on his knees and to beg his life.

He said he could not, he was wounded.

Whereupon the said captain answered, "Damn your blood, you are shot by your own people."

They then took him into the cabin, where two men dressed his wounds, who, by their behavior, appeared to have some skill in surgery.

And this examinate further saith, that while Lieutenant Dudingston's wounds were dressing, those two persons who assumed to be the head sheriff and the captain, demanded the papers belonging to the vessel, which he delivered by Lieutenant Dudingston's orders to them, consisting of the Lieutenant's commission from the Lords of the Admiralty, Admiral Montagu's instructions, letters, and other papers; and upon his particularizing those papers as he delivered them, they damned him, and told him they did not come there to receive any instructions from him, but would examine the papers at their leisure, which they put into their pockets, and then carried Lieutenant Dudingston on shore about two miles from the schooner.

The examinate after this continued on board said schooner about three quarters of an hour, and was told by the captain of the gang, that unless he quitted the schooner he would throw him overboard; during this time they continued plundering the schooner.

The examinate was landed in one of their boats on the shore opposite to the schooner, where he remained some time; and that within an hour after he was landed, he saw the said schooner on fire, and it being then daylight, he saw three of their boats put off from the schooner full of men, one of which landed the people at Pawtuxet, and the other two rowed towards Providence.

This examinate further saith, that the said schooner when she was burnt lay about eight or ten miles, to the best of his judgment, from the north end of the island of Prudence, and that several negroes were on board the said schooner, and also rowed the boats which boarded the schooner, but he does not know their names, and he cannot recollect that he saw any of those negroes enter the cabin.

And he also saith that he does not know the names of any of the persons who boarded and destroyed said schooner, or wounded Lieutenant Dudingston, but that the captain who was called the captain of the gang, was a well set man, of a swarthy complexion, full face, hoarse voice, and wore a white cap, was well dressed, and appeared rather above the common rank of mankind; and that the greater part of those he saw on board the schooner and in the cabin were persons well dressed, many of them with ruffled shirts, and appeared as storekeepers, merchants or masters of vessels.

The person who was called the head sheriff was a tall, genteel man, dressed in blue clothes, his hair tied behind, and had on a ruffled shirt.

One of the persons who acted as surgeon in dressing Lieutenant Dudingston's wounds, appeared to be about eighteen years of age, very much marked with the small pox, light brown hair tied behind, about five feet, five or six inches high.

The other was a very genteel man, appeared to be about twenty-two years of age, his hair tied behind, a thin person, and about five feet, eight or nine inches high.

This examinate further saith, that after he returned from Boston to Providence, a few days after the schooner was destroyed, the first described surgeon met him in one of the streets in Providence, and asked him whether he knew how Lieutenant Dudingston did, but the examinate does not know his name, and further saith not.

The examination of John Andrews, Esq., of Cranston, is the colony of Rhode Island, taken on oath at Newport, in said colony, on the 5th day of June, 1773: Who declares and says:

that he was in the town of Providence the night that the schooner Gaspee was destroyed, at a tavern where he spent the evening with a number of gentlemen; and after supper he heard a drum beat in the street, and inquired into the cause thereof, and received for answer, that it had been training day, and the people were breaking up their frolic; about 12 o'clock he repaired to his lodgings, it being very dark, and went to bed.

The next morning, the sun about half an hour high, was surprised with hearing some persons say to each other that the said schooner was burnt, upon which, he opened the window and saw on the other side of the street two black fellows and one white man talking together.

I inquired what was the matter, and received for an answer from the white man, that some people in the night had burned the man-of-war schooner.

Upon which, he immediately dressed himself, and waited upon the deputy governor; and he informed him that he had heard the news, and sent for his horse, in order to repair to the spot and enquire of Capt. Dudingston and his people, and find, if possible, the persons that had done the mischief.

We procured a horse as soon as possible, and went to Pawtuxet where we found Mr. Dudingston badly wounded, and we saw the said schooner on shore about a mile and a half distance, which appeared by the smoke to be on fire, and burnt down almost to the water's edge.

The deputy governor, in his hearing, inquired of Mr. Dudingston, if he had any knowledge of the persons that committed this trespass.

He made answer that he should render no account about the matter until he appeared before a court martial, where he expected to be tried, if he survived his wounds, and such account might be made use of to his advantage, but was willing that his people should be sworn, and had them called in, and cautioned them to swear the truth.

He then, as his Majesty's Commissary for the colony, conferred with Mr. Dudingston 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 of war 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 thereof, that the persons might be brought to condign punishment, but he always declined saying any thing 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 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 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.

The examination of James Helme, Esq., of South Kingstown, in the county of King's county, and colony of Rhode Island, &c., taken on oath at Newport, in said colony, this fifth day of June, A. D. 1773: Who saith:

That in October following the burning the schooner Gaspee, the Superior Court of Judicature, &c., 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 informed 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 near two months on the circuit it entirely went out of my mind when the grand jury was empanelled, 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 mentioned to some of the other judges of the court, that I had entirely forgot 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.

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 assemble 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 mischief 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 conception of any mischief intended

The place where said schooner was burnt 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. Samuel Tompkins to the place where said schooner was burnt, is, according to my judgement, about nine miles; and further this deponent saith not.

That when the people from Bristol gave said account, they mentioned the particular night on which said schooner was burnt, and to the best of his recollection, Aaron milked the cows after sunset that night, and was at home early the next morning, and therefore concluded 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 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 ropewalk 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 ropewalk 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 Bristol 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 this, and before Aaron stole her, she was repaired.

That he does not remember that the people from Bristol mentioned any persons' 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.

Soon after I received said writing hearing that the chief justice was in the court house near by, I wrote a line on the back of said paper and sent it to him, desiring his opinion on the affair; it was soon returned with something written under mine, to this purpose, viz: That is 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 (if a custom house officer) without being sworn into his office, was guilty of a trespass, if 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:

The Justices of the Superior Court of the Colony of Rhode Island, to the Commissioners, &c.

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, &c., 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 advisement thereon:

It appeareth unto us from our consideration had thereupon, that no particular person 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 consequence 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 Gaspee; and besides, most of the circumstances and facts related in both of his examinations are contradictions repugnant to each other, and many of them impossible in their nature.

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 attacked; 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 extremely suspicious, is Capt. Linzee's absolutely refusing to deliver him up to be examined by one of the Justices of the said Superior Court when legally demanded.

Peter May, in his deposition, mentions 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 contained in said depositions do not induce a probable suspicion, that persons mentioned therein, or either or any of them, are guilty of the crime aforesaid.

It is, however, the fixed determination of the Superior Court to exert every legal effort 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.

Your most obedient humble servants.

The following request of Chief Justice Smythe was thought worthy of preservation: 

Gentlemen, yours, most heartily,

"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 irregularity, 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 governor 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 upon; then the board agreed to take the matter into consideration to-morrow morning.

The commissioners probably closed their labors on the 23rd of June; on which the following letter. enclosing the report of their proceedings, was sent home:

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 his leave of us a few days since.

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 fifth 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 Newport, 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, arming, and leading on the people to attack the Gaspee, also the concerting and preparing the same, we have been particularly attentive.

But after our utmost efforts, we are not able to discover any evidence of either; and therefore, are humbly of opinion, both from the unforeseen event of the Gaspee's running on shore, the suddenness of the undertaking and its accomplishment, and the total want of evidence of even an intention to destroy her, though many witnesses of credit as well inhabitants of Providence as other places, were strictly examined on this head, that the whole was conducted suddenly and secretly.

On the tenth 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 land 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 barbarity, 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 eleventh of June, the deputy governor, being informed of the destruction of the Gaspee, the Lieutenant being wounded on shore at Pawtuxet, first inquiring if any of the offenders 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 desired his people might be taken care of and sent 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 Governor, it was the unanimous opinion of a great number of the most respectable inhabitants of Providence, that a proclamation with a proper reward should, by the governor, be issued, for the apprehending and bringing to justice the persons concerned, which was accordingly done.

In July following, a warrant was granted for the 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 admittance 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.

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 any charge was given to the grand jury to inquire into that atrocious breach of law, nor any information thereof by the then acting Attorney General, nor was any thing done thereon that we can discover.

Having now laid before your Majesty the substance of the proofs relative to the destruction of the Gaspee, the barbarity and insolence exercised upon the commander 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.

The great impatience of some people in this colony under any restraint of trade, however illicit; the check which your Majesty's navy officers have put to such trade by the necessary aid and assistance which they have afforded the revenue officers; the plundering and burning a sloop called the Liberty in this harbor, in July 1769, then employed in your Majesty's revenue service, and commanded by William Reid, liberating a vessel and cargo then under seizure by said commander, and in a violent and outrageous manner assaulting and detaining him in this town, in duress, till the accomplishment of the above facts; the same night dragging two boats, belonging to said sloop, through the streets and burning them; and the perpetrators of the above outrage escaped with impunity; not one person being so much as apprehended on this occasion.

It must be further, with humble submission to your Majesty, remarked, that it does not appear to us, that any complaint or information was given to any peace officer or other magistrate against any person whatever, as concerned in the above transaction, excepting four depositions, taken before a single magistrate, and which do not appear to have been laid before the Governor and council, or to have had any effect.

Certain persons, principal inhabitants of the town of Providence, in March preceding the burning of the Gaspee, complained to the deputy governor, also an inhabitant of that place, against the conduct of Lieutenant Dudingston for disturbing and obstructing their vessels and boats, firing at and searching them, without showing any commission for so doing, and requested the deputy governor to inform the Governor thereof, that he might inquire into the said Lieutenant's authority; on which the deputy governor laid the same before the chief justice, also an inhabitant of the town of Providence, for his opinion, how to conduct in the affair, to which he soon returned an answer to the following purpose: It was his opinion, "that for any person whatever to come into this colony and in the body thereof, to exercise any authority by force of arms or otherwise, without showing his commission to the Governor, and if a custom house officer, without being sworn into his office, was guilty of a trespass, if not piracy.''

But what effect such an opinion might have on the minds of the perpetrators of the crime, we must most humbly submit. If Lieutenant Dudingston, on his first arrival in the harbor of Newport, had waited on the Governor, acquainting him with his power and authority, and thereby early made his duty a matter of notoriety, he would, at least, have acted a prudent part; but whether his duty obliged him so to do, we do not presume to determine.

There is also too much reason to believe that in some instances Lieutenant Dudingston, from an intemperate, if not a reprehensible zeal to aid the revenue service, exceeded the bounds of his duty.

After exerting ourselves to the utmost of our abilities to collect evidence against the persons concerned in burning the Gaspee and wounding the Lieutenant, and judging that we had got all there was any probability of obtaining, we laid such before the deputy governor, the chief justice of the colony and three of his associates, among which testimonies was Aaron's, the negro, wherein some persons are expressly named and charged as guilty, and Mr. Dickinson's, late midshipman of the Gaspee, and on board at the time she was destroyed, very particularly described others.

The justices were then informed that the same witness was now present, and might be by them re-examined.

Soon afterwards, at the request of the judges, we also delivered them other depositions, which had been laid before us by the Governor, and which tended to discredit the testimony of said Aaron. The day following, we received their report in the words following:

"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, &c., 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 depositions of Samuel Tompkins, Samuel Thurston, and of Somerset and Jack, indented servants, for our advisement thereon:

It appeareth unto us from due consideration had thereupon, that no particular person 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 consequence 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 Gaspee; and besides, most of the circumstances and facts related in both of his examinations are contradictions repugnant to each other, and many of them impossible in their nature.

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 attacked; 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 extremely suspicious, is Capt. Linzee's absolutely refusing to deliver him up to be examined by one of the Justices of the said Superior Court when legally demanded.

Peter May, in his deposition, mentions 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 contained in said depositions do not induce a probable suspicion, that persons mentioned therein, or either or any of them, are guilty of the crime aforesaid.

It is, however, the fixed determination of the Superior Court to exert every legal effort 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."

To the latter part of which we answered:

"That by our instructions we were commanded to lay before the civil magistrates all such information as we should receive, and as it was their proper office to act thereupon, in such manner as they conceive most likely to answer the ends of public justice, we declined giving any sentiment or opinion in the matter."

Touching the depositions of Aaron, the negro, we humbly conceive it our duty to declare to your Majesty, that the conduct of Capt. Linzee tended too strongly to extort from a weak or wicked mind declarations not strictly true; that some parts of said depositions falsify others; that allowing the account he gave of the time he left the Island called Prudence, the place of his residence, on the night the Gaspee was burnt, and his return thither, to be true, or even near the truth, must render his being at the taking and destroying her, totally impossible, the distance being so great between Namquit Point and said Island.

In addition to all which, there is full and satisfactory evidence to prove him, the whole of that night, to have been at home, and the request which he deposed was made him, to carry a person off said Island that night, and which he declared was the occasion of his going from home, proved on the examination of the very person, to be an absolute falsehood; and therefore we are most humbly of opinion, no credit is due to said Aaron's testimony.

May it please your Majesty, the civil magistrates being entrusted with the power of apprehending and committing, and having determined against both, upon the evidence before them, and there being no probability of our procuring any further light on the subject determines our inquiry.

All which is most humbly submitted to your Majesty's royal wisdom.

On my arrival at that place, on the 31st of December, I was surprised to find that the main object of our errand was become public, which, in prudence, was to be kept secret; nevertheless, Your Lordship's letter to Governor Wanton, was published in the Boston weekly paper, and spread industriously 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 by law was obliged to communicate all dispatches from the ministry to his corporation, and sworn so to do; that such dispatches were usually directed to the Governor and Company.

Upon inquiry how Your Lordship's packet was directed, neither he, nor his secretary could inform us; the superscription, they said, was mislaid, and not to be found; but that this was not so directed, as the Governor said, I inferred from its being addressed to him (sir).

My Lord, as to the Government (if it deserves that name), it is a downright democracy; the Governor is a mere nominal one, and therefore a cipher, without power or authority; entirely controlled by the populace, elected annually, as all other magistrates and officers whatsoever.

The Governor treated the commissioners with great decency and respect; and to do that gentleman justice, behaved with great propriety, as a commissioner, except his communicating Your Lordship's letter to the corporation; which, indeed, he seemed constrained to do, under the above circumstances.

To show that the Governor has not the least power or authority, he could not command the sheriff or constable to attend us; he prevailed with them, indeed; but in expectation of being paid their daily wages by the commissioners, so that they were hired for this service, at our expense; and even for expresses sent to summon witnesses, the. commissioners found it necessary to advance their own money; also for the very fire-wood expended for our accommodation in the council chamber, on this occasion. This, My Lord, we readily disbursed, and all other contingencies, relying upon the honor of government.

We found, My Lord, that the Governor, upon the first notice of this piece of villainy, had issued a proclamation, offering £100 reward, for a discovery, but without effect.

My Lord, it is suggested in the commission, that the people assembled upon this adventure, in the town of Newport, and the places adjacent, by beat of drum, the which was intimated, doubtless, through misinformation; for it comes out, that it was at Providence, on the Narragansett River, about thirty miles from Newport, and seven or eight from the place where the Gaspee was aground. The news of which, was soon communicated to that town; and there it is supposed, the people assembled and soon formed their scheme, to man six or seven boats on purpose to attack her at that disadvantage.

My Lord, the colony of Rhode Island is branched out into three divisions: Newport, on Rhode Island; Providence and Warwick, more inland, adjoining to the Massachusetts colony. At these three places, the Assembly is held, alternately; but Newport is reputed the seat of government; between the two former, there is an emulation, with respect to their trade, and a kind of enmity, likewise; so that they do not generally correspond cordially. Providence is thirty miles distant from it, so that it seems most unlikely that the people of Newport could be concerned in so sudden and precipitate an enterprise; nor was the fact known at Rhode Island, till the day after the treason was committed.

My Lord, as to the negro evidence, which seems to be the foundation of this inquiry, it is much to be suspected, though his story is told with much plausibility, and he pertinaciously repeated it upon examination before the commissioners; and a sailor of the crew of the Gaspee, swore he was one of the negroes after the attack, that rowed the boat which landed part of the Gaspee's crew, near Providence.

But to countervail this information, it was asserted, that the master of this negro, from whom he had escaped on board the man-of-war, with intent to run away, who is a person of undoubted credit, would swear that about 9 o'clock that night the Gaspee was destroyed, he ordered this negro to bed, and that he saw him go, accordingly, with his two other negroes, with whom he usually slept; and it was said that these negroes would also depose, that he lay with them all night, till his master called him up in the morning, on business.

My Lord, the commissioners did not enter upon counter evidence, though I, myself, was inclined to do it, as we proceeded; and bring the witnesses face to face, considering the commission required we should report all the circumstances attending the affair.

Captain Dudingston had been plying upon his business in the Narragansett River, for some time; he had not communicated his commission to the Governor, on his arrival, as Mr. Wanton informed us; Mr. Dudingston had made several seizures of prohibited goods on that station; and on seizing their traffic, might probably have treated the boatmen with severity, roughness and scurrillous language, by which, the people of that place might be provoked to this daring insult and resentment; and not knowing Dudingston bore the King's commission of what he had done, they, as they gave out, looked upon him as pirate, and treated his as such. For, as the Governor informed us, upon complaint of his abuses, as they pretended, he expostulated with Mr. Dudingston, and demanded he would satisfy him as to the commission upon which he acted, which at length he did.

From these three different branches of government, My Lord, there arise three different factions; their election of the chief officers being annual, sometimes one party prevails, perhaps the next year, a different.

I was told by a gentleman of the law there, he had known a land cause of considerable value that had judgment reversed different ways seven or eight times; property being thus rendered wholly insecure, no wonder that persons of property and best sense and most sincerity, among them, have long wished for a change of government, and to be under His Majesty's more immediate protection.

Though by their charter, they are inhibited from passing laws contrary to those of England, but to be near as may be, agreeable to them, yet they seem to have paid little regard to that injunction, as may sufficiently appear upon inspection of the printed book of them; they have never transmitted them for the royal approbation nor indeed, by their charter were they obliged to do so.

Under these circumstances, Your Lordship will not wonder that they are in a state of anarchy; and I assure Your Lordship, that their sister colony Connecticut, is in the same condition in all respects; justice has long since fled that country. I have had an opportunity of being more intimately acquainted with the people of that colony for about thirty years past; having had the honor of attending there twice, upon two royal commissions for determining a controversy between the corporation and a tribe of Indians and the family of the Masons.

Major Mason, a gallant officer of the army, a principal person among the first of the English, who first landed in these parts, fought their battles with the savages, conquered several tribes, became the foster father to the colony; acted with so much generosity, humanity and prudence towards the natives, and so conciliated their friendship and esteem, that, after they had, through his persuasion, granted away great tracts of their lands, to form the newly proposed colony, and to make a sufficient plantation or settlement, the natives prudently thought of falling upon a method of reserving and securing for the future, a sufficiency for the subsistence of their tribe; and putting entire confidence in Major Mason, as their patron and friend (who had treated them with great generosity and humanity), requested that corporation or government, that they might, with their approbation, invest the remainder of their lands in Major Mason and his heirs, as the guardians and trustees of the Mohegan tribe; and that in future, they should be restrained from selling more of their lands without the advice and consent of that family.

Some were afterwards, from time to time, sold, with the consent of the Masons; and to preserve the fidelity of the Masons, the family was to have an interest in the lands so to be conveyed, coupled with the trust.

For this purpose, My Lord, a deed was executed with solemnity, and by the declared approbation of the corporation, entered upon their records.

Notwithstanding this solemn engagement, so recorded, the heads of this corporation, did, from time to time afterwards, unknown to the Masons, inveigle the Indians to convey to them several tracts of very valuable reserved lands, without the consent of the Masons, and divided them among themselves; and this was the ground of their complaint, upon which those special commissions issued.

Upon the whole, My Lord, I was, and am still of opinion, that the devices in consequence of them, in favor of the corporation, were unjust; for it appeared to me, that the corporation had most shamefully prostituted the good faith and honor of government, by ungratefully and fraudulently wresting many large and valuable tracts from that tribe, and the Masons; and becoming the instruments of impoverishing that honest and worthy family (whose ancestors first founded the colony), in prosecuting and maintaining their rights, at their own expense, for thirty years past, and hitherto in vain; for the matter still lies before His Majesty and Council, waiting a determination.

Those two colonies, My Lord, commenced their settlements nearly at the same time; their charters bear date one year after the other; and they adjoin each other; the charters are similar; each has a grant of "all royal mines, minerals and precious stones," which may be thought a privilege of too much importance for a subject to enjoy.

My Lord, these colonies united, which at times are so alike in features, temper and disposition, that it were a pity they should remain separate. For, from my knowledge of the people, and credible information from many in each, I am fully persuaded, that the better sort of them have long groaned under their motley administrations, and wish for a deliverance; to be taken more immediately under the protection of the crown. These two, consolidated, might become as respectable a royal government, as any on the continent. The country in both, has a rich soil, abounds in timber fit for ship-building; the country, upon the whole, in my esteem, is superior to any I have seen in my travels, from Boston to Virginia.

But it must be confessed, as to the people, it would require a gentleman of very extraordinary qualifications and abilities, to adventure upon the first arduous task, for modeling them into due subordination and decorum.

I humbly entreat Your Lordship's pardon for trespassing thus much upon Your Lordship's time and patience. I flattered myself that some account of the present as well as former temper and circumstances of these two colonies, might not be unacceptable to you, in Your Lordship's high department; and conclude with the assurance that I am, with the most profound respect, My Lord,

Your Lordship's most obedient and obliged humble servant,

The Earl of Dartmouth to the Governor of Rhode Island.

I am very much obliged to you for the favorable sentiments you are pleased to express for me, in the first of those letters; but I must not omit to observe to you, that the publication in the common newspapers, of parts of my secret and confidential dispatch, of the 4th of September last, addressed personally to yourself, cannot, I fear, be considered as entirely corresponding with those assurances you give me, of paying the strictest attention and defference to such orders as you shall receive from me.

I am sensible, that you could not do otherwise than communicate the substance of that dispatch to the other parts of your corporation; but I refer it to your candor, whether it was proper to give copies of it.

I sincerely hope that it will appear by the report of the commissioners for inquiring into the affair of the Gaspee schooner, that no part of the corporation of the colony of Rhode Island has failed in obedience due to the laws and authority of this kingdom; in the meantime, the King is graciously pleased to approve of the respect shown to his royal commission, and the decency and order with which it was proclaimed.

I am, sir, your most obedient, humble servant,

It gives me great pleasure, that my representation of the 20th of February, has the honor of Your Lordship's approbation; and now beg leave to observe to Your Lordship, what has occurred to me, after finishing our report. For waiting some days at Newport, for a passage, wind and weather, I was accidentally informed of a piece of evidence, which, had it come to light sooner, would most probably have cut our business shorter.

An officer of a man-of-war, stationed at Newport, to whom the negro Aaron was turned over, informed me that upon his examining the fellow one day, before his master, and his two negroes who came on board, and interrogating face to face, the fellow prevaricated much; but still persisted in the main of his story, notwithstanding confronted by the master, and his two negroes, who declare that he slept with them all that night, on which the Gaspee was destroyed.

The master and his negroes being dismissed, the officer, upon what he had heard, from the master and his negroes, and had observed from the conduct of Aaron, upon the occasion, concluded he was an imposter, and charged him home, as such, and told him he was convinced he was no more concerned in that affair than he himself was; and conjured him to tell the truth; and at length, he confessed it was all a fiction, which he was constrained to, for saving himself from the punishment threatened him on board the other man-of-war, as they had charged him so positively with being one concerned; and therefore thought he must confess himself guilty, and name some principal people as accessories.
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*New York Colonial Documents, Vol. VIII; from British State Paper Office, 165.

My Lord, a few days after the Gaspee was burnt, one of the ships stationed at Newport, went and anchored close by the island called Prudence, where the master of Aaron lived, about seven miles from where the Gaspee lay, and Aaron purposing to run away from his master, went on board in a small canoe; and they rightly guessed of his intention, and threatened to whip him; but on second thoughts, charged him as a confederate in destroying the Gaspee; and if he did not confess and make discovery, they would whip him, and hang him up at the yard arm.

And thus, My Lord, this forced confession of the negro Aaron has been held up by the marine, as a hopeful and sure clue to unravel this mystery of iniquity. The fellow might probably have heard the names of the most noted and principal traders at Providence, and other trading towns in that neighborhood, though he might not know their persons; and one Dr. Weeks, inserted in his list, he might know personally, as an attendant upon his master's family.

But my sentiments upon the whole are, that this daring insult was committed by a number of bold, daring, rash enterprising sailors, collected suddenly from the neighborhood, who banded themselves together, upon this bold enterprise; by whom stimulated for the purpose, I cannot conjecture. They cunningly calculated the attack at a time of night, under the Gaspee's disadvantage, aground, when it was probable the crew would be below deck, and asleep; as was the case, only one sentry on deck; and thus, by surprise, easily boarded and plundered her.

My Lord, I have been two voyages of four hundred miles each, upon this occasion, at great expense; and no small fatigue, for a person of my age, viz.; seventy-six; and I assure Your Lordship, I am already upwards of £200, out of pocket; and am still liable for my proportion with the other commissioners, for the pay of the clerks we found necessary to attend us upon the service; and though we have not had the wished for success, we hope His Majesty will graciously accept our sincere endeavors.

My Lord, I have lately received advice that His Majesty has been graciously pleased to sign a warrant for my salary, as chief justice, which further adds to the obligations Your Lordship has conferred upon me, which I cannot but esteem with the utmost gratitude.

I am, with profound respect, My Lord,

Your Lordship's most obliged and dutiful, humble servant,

When the duties arisen by trade, fell, the commissioners had directions from the lords of the treasury, to give drafts upon them for the salaries of the offices of government, of which I have had two, the salaries being payable half yearly.

Your Excellency well remembers that three or four years ago (I think), the King's special commission was sent over by Lord Dartmouth, then secretary of state, empowering the persons therein named (of which I was one), to inquire into the affair of the destruction of His Majesty's schooner, the Gaspee, at Rhode Island.

Your Excellency knew the state of health I was in, at the time I embarked for Newport, much enfeebled by the rheumatism, the time of year in December, when it is generally expected the river is full of ice. Myself unable to walk without help, and at a time of life drawing near to four-score; but as Lord Dartmouth's directions were to proceed immediately to that place, in order to execute that commission, I did not hesitate to undertake it; but was obliged to take with me my wife, carriage and two horses, without which, I could have been of no use.

After passing several weeks there, and doing little to the purpose, the commissioners found it necessary to adjourn over to the next year, which occasioned a second voyage, under the like circumstances; and at length the commissioners were obliged to close the commission, having not been able to make any discovery, to answer the intent of the commission; upon which occasion, I expended upwards of £200, of my own money, which remains out of pocket to this day; and hitherto, my trouble for nothing.

Upon the proceedings of the commissioners being sent home, Lord Dartmouth directed the commissioners to send home their accounts of the expenses they had been at. It was imagined with a view to compel Rhode Island government to discharge them; but if that was the intent, the alterations of the circumstances of that government in this time of confusion, that expectation is at an end; and in the anarchy and distraction which now surrounds us, and the great difficulty in getting money amongst us, which is our due, Your Excellency knows how needful it is to be solicitous for it, where it is due in other quarters.

I must humbly entreat Your Excellency to represent my case to Lord George Germain, hoping, from his clemency and goodness, to have a method pointed out, by which I may have satisfaction made in the foregoing particulars.

I am, with the greatest respect, sir,

Your Excellency's most devoted, obedient, humble servant,

"In reviewing the report of the commissioners, our surprise is not so much excited at the conclusion to which they came from the evidence before them, as at the small amount of testimony they collected.

It would be doing great injustice to the memories and characters of Gov. Wanton, Judges Horsmanden, Oliver and Auchmuty, to suppose that they suppressed any evidence, or did not exert themselves to the utmost to procure testimony. The course they afterwards took in the war of the revolution, when they joined the ministerial party in the country, is a sufficient guaranty that they were, by no means, lukewarm in the service of his Majesty. They were surrounded, too, at the time of their sessions, by the officers of the crown, and individuals high in rank and standing, who were eager in the chase of those who insulted their sovereign in the person of his representative, Lieut. Dudingston.
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Under these circumstances, it is passing strange, that no persons could be found, who could identify those engaged in the enterprise, or that the great reward offered on the occasion should not have induced some one to have turned informer. That the enterprise was suddenly conceived, there can be no doubt; but every circumstance shows, that no great care was used to preserve secrecy. They were called together by the beating of a drum in the streets. The collecting of the boats, the assembling at a public house, the embarking from a public wharf, all must have attracted the notice of the inhabitants. The parties assumed no disguise of any kind but went in their usual dress.

Among them were some, little conscious of the crime they were committing and the penalty they were incurring. Mr. John Howland says, that on the morning after the affair, Justin Jacobs, a young man, was parading himself on "the great bridge," then the usual place of resort, with Lieutenant Dudingston's gold laced beaver on his head, detailing to a circle around him the particulars of the transaction, and the manner in which he obtained the hat from the cabin of the Gaspee. It required sharp words to induce him to retire and hold his peace. There were others, probably, equally indiscreet; and yet not an individual could be found who knew anything about the affair. "

The following song, composed at the time, is attributed to Capt. Swan, of Bristol.

"He richly deserves the thanks, not only of his contemporaries, but of posterity; not so much for the sweet poetry of his song, as for the ballad shape in which he invested the transaction. Undoubtedly, some tune was found, at the time, to match it, notwithstanding the limping gait of some of the stanzas; and as it was sung in the circle of boon companions, they recalled the light of the burning Gaspee to their recollection, and hailed it as being, what subsequent events have shown it to be, the dawning light of freedom, whose mid-day effulgence now overspreads our land."

'Twas in the reign of George the Third,
Our public peace was much disturbed
By ships of war that came and laid
Within our ports, to stop our trade.
Seventeen hundred and seventy-two,
In Newport Harbor lay a crew,
That played the parts of pirates there,
The sons of freedom could not bear.

---

140

Sometimes they weighed and gave them chase,
Such actions sure were very base.
No honest coaster could pass by
But what they would let some shot fly;
And did provoke, to high degree,
Those true born sons of liberty;
So that they could not longer bear
Those sons of Belial staying there.
But 'twas not long 'fore it fell out,
That William Dudingston, so stout,
Commander of the Gaspee tender,
Which he has reason to remember,
Because, as people do assert,
He almost had his just desert,
Here on the tenth day of last June,
Betwixt the hours of twelve and one,
Did chase the sloop, called the Hannah,
Of whom one Lindsey was commander.
They dogged her up Providence Sound,
And there the rascal got aground.
The news of it flew that very day,
That they on Namquit Point did lay.
That night about half after ten
Some Narragansett Indian men,
Being sixty-four, if I remember,
Which made the stout coxcomb surrender;
And what was best of all their tricks,
They in his breech a ball did fix;
Then set the men upon the land,
And burnt her up, we understand;
Which thing provoked the King so high
He said those men shall surely die;
So if he could but find them out,
The hangman he'll employ, no doubt;
For he's declared, in his passion,
He'll have them tried a new fashion.
Now for to find these people out
King George has offered very stout,
One thousand pounds to find out one
That wounded William Dudingston.
One thousand more he says he'll spare,
For those who say they sheriffs were;
One thousand more there doth remain
For to find out the leader's name;
Likewise five hundred pounds per man
For any one of all the clan.
But let him try his utmost skill,
I'm apt to think he never will
Find out any of those hearts of gold,
Though he should offer fifty fold.