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Chief Justice Horsmanden to the Earl of Dartmouth.

(The following letter is excerpted from Staples, pp 120-124)
Right: Letter of Daniel Horsmanden to the Earl of Dartmouth.  Original from the RI State Archives courtesy of Gwen Stern, State Archivist, as displayed at the Warwick Public Library, May 2001.  Note that pre-margined paper was used in 1773. Click image to enlarge.

New York, 20th February, 1773.

My Lord:—On the 21st of January last, I had the honor of addressing Your Lordship, in conjunction with the rest of the commissioners, at Rhode Island, giving some account of our proceedings, and the reasons that induced us to adjourn to the 26th of May next.

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,
DAN. HORSMANDEN.
To the Earl of Dartmouth.
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Originally Posted to Gaspee Virtual Archives 2000    Last Revised 09/2009    HorsmandenReport.htm