The Documentary History of the Destruction of the Gaspee

To aid in scholarly research citations, we have retained the page numbers of Staples as found in the 1990 republication, but sentences and footnotes were completed into their page of origin. For clarification, the comments by Staples in the Documentary History, and by Professor Deasy in the Appendices are presented in Bold Arial font.  Additionally, it was necessary to split the book into separate segments of: Forward & Introduction, Documentary History by Staples, and Appendices.

And further this despondent sayeth not.

Dr. John Concannon
Webmaster, Gaspee Virtual Archives @ www.gaspee.org
2001

The first appearance of his Majesty's armed schooner, the Gaspee, in the waters of Narragansett Bay, was in March, 1772. She was dispatched here by the Commissioners of Customs to prevent breaches of the revenue laws, and to put a stop to the illicit trade that had been successfully carried on for a long time in this colony. Soon after her arrival the following letter was sent by Deputy Governor Darius Sessions, then residing in Providence, to Governor Joseph Wanton, of Newport: 

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 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, with the greatest respect, your Honor's most obedient and humble servant,

The "famous Reid," above referred to, was master of the armed sloop Liberty, which the commissioners sent to Newport in 1769 for the suppression of illicit trade.—Capt. Reid exhibited a laudable zeal to execute his orders. Dressed in a little brief authority from the government at home, he little regarded the supposed rights of the colonists. He seemed inclined to consider that his commission warranted the exercise of unrestricted authority over Americans, and he required from them the same passive obedience to his orders which had been the fashionable court doctrine in some previous reigns. On the 17th of July, he carried into the harbor of Newport a brig and a sloop taken in the Sound, on suspicion of their being engaged in illicit trade. No proof was exhibited against the brig. Capt. Packwood, who commanded her, had reported his cargo at the custom house previous to his sailing.—On the 19th, no prosecution having been entered against him or his vessel, Capt. Packwood went on board the Liberty to get some of his clothes which had been transferred to that vessel, in order to proceed on his voyage. Capt. Reid was not on board, but the commanding officer refused to deliver up the things required, and offered personal violence to Capt. Packwood. He succeeded, however, in forcing his way over the side of the Liberty into his boat. Before he reached the wharf, several muskets were discharged at him, but without effect. The Liberty was then lying between Long Wharf and Goat Island. In the evening Capt. Reid was met on the wharf as he was going on board the Liberty, by a large concourse of people, and was required to send for the Liberty's men to come on shore. Soon after they had landed, the Liberty was boarded, brought to Long Wharf and there scuttled, her masts cut away, and her boats taken out and carried to the Common in Newport and there burnt. The Liberty was afterward towed over to Goat Island near where the Light-house now is, where she was subsequently burnt. The brig received her papers from the custom house and proceeded on her voyage. The sloop escaped. No injury was instituted as to the authors of this outrage on one of his Majesty's vessels.

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

As I know not by what authority you assume this power, I have sent off the high sheriff, to inform you of the complaint exhibited against you, and expect that you do, without delay, produce me your commission and instructions, if any you have, which was your duty to have done when you first came within the jurisdiction of this Colony.

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,

Here ended the correspondence between the Governor and the Lieutenant. It would seem that the Lieutenant's sense of propriety was shocked, by the letters of the Governor, implying as they do, a right to control, in some degree, the proceedings of one of his Majesty's officers, while within the colony.

He therefore enclosed the letters to Admiral Montagu, then commander-in-chief of his Majesty's fleet on this station. The Admiral sympathized with the Lieutenant. He felt his own dignity wounded in the requisition made by the Governor on his Lieutenant. Forgetting that he was the Governor of a colony of free Englishmen, elected by themselves, and not a royal governor of a Province, who held his office at the will of the King, Admiral Montagu addressed the following letter to Gov. Wanton:

He, sir, has done his duty and behaved like an officer, and it is your duty as a governor, to give him your assistance, and not endeavor to distress the King's officers for strictly complying with my orders. 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, your most humble servant.

This produced the following spirited answer:

I am, sir, your humble servant,

The Governor laid the proceeding letter from Admiral Montagu before the General Assembly, at their May Session 1772, and the following resolution passed that body in relation to the answer sent to the Admiral.

"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 has been obtained:

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. D.—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.

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, your most obedient and humble servant,

At the next session of the Assembly, which was in August following, Gov. 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.

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 honor 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.

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, with the greatest deference and respect, my Lord, your Lordship's most obedient humble servant,

The facts stated and alluded to in the foregoing letters must have done much toward rendering the situation of Lieut. Dudingston more uncomfortable, and the discharge of his duties less acceptable to the colony.—In one instance, at least, he had violated the express provision of an act of Parliament relating to seizures made for illicit trade. The act required that goods so seized should be adjudicated upon by the court of Vice-Admiralty in the colony where seized. He seized a sloop with twelve hogsheads of rum on board, within the county of Kent, and sent them to Boston for trial. He states that the owner of the rum was a Mr. Greene, a member of the General Assembly from Coventry. If so, it must have been Nathaniel Greene, Jr. For this act he had been threatened with a suit, and dared not go on shore for fear of being arrested. Things continued in this state, growing even worse rather than better, until the destruction of the Gaspee in June following, which is thus described by an eye witness:

On the 9th day of June, 1772, Capt. Thomas Lindsey left Newport in his packet for Providence, about noon, with the wind at North; and soon after, the Gaspee was under sail, in pursuit of Lindsey, and continued the chase as far as Namquit Point, which runs off from the farm in Warwick about seven miles below Providence, now owned by Mr. John Brown Francis, our late Governor.—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.

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 Brown, Captains Abraham Whipple, John B. Hopkins, Benjamin Dunn, and five others, whose names I have forgotten, and John Mawney, Benjamin Page, Joseph Bucklin, and Turpin Smith, 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, eighteen hundred and thirty-nine.

The foregoing statement was published by Col. Bowen at the time it bears date. Since then he also has followed his "youthful companions" to the grave.

Mr. John Mawney, who is named in Col. Bowen's narrative, in a statement published in the American and Gazette in the year 1826, records the following additional facts. After hearing the drum beat, he repaired to Mr. Sabin's, where he learned the object of the meeting, and some of his acquaintances there, urged him to go with them as surgeon.

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 Lieut. 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."

Daniel Pearce was the individual who beat the drum through the streets. At the time of this occurrence there were two packet masters by the name of Lindsey. Col. Bowen was mistaken in the name of the Capt. of the Hannah. That was Benjamin and not Thomas.

Deputy Governor Sessions addressed the following letters to Gov. Wanton, which probably gave him the first notice of the destruction of the Gaspee:

The dangerous tendency of this transaction is too obvious to pass it over with the least appearance of neglect, and, therefore, doubt not your honor will give it due attention, and prosecute such measures as wisdom and prudence shall dictate.

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, with respect, your honor's most humble servant,

Enclosed in this letter were the following affidavits:

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. Dudington, 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:

Your honor's most humble servant,

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 Wm. Dickinson, which was as follows:

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," and was wounded in his groin and arm. While we were disputing forward, relative to their boarding us, three other boats boarded us upon the quarter. In the three boats which boarded us upon the quarter, there were thirty or forty men, at least, and in the whole, I suppose, about 150 in number, on which we thought proper (the Lieutenant being wounded) to surrender. 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.—We were then sent ashore, in two different boats, the Lieutenant and part of the men in one boat, and myself with the rest of the people in the other boat, at the distance of about two miles asunder, as we found at daylight. I remained on the beach, and about half-past three o'clock saw the schooner on fire, and about half-past four I saw three boats put off from her, full of men, and rowed up towards Providence, and an hour after another boat came by her and landed her men at Pawtuxet.

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 Secunet 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 [illegible] 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.

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.

Governor Wanton's reply was as follows: 

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 Wm. 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, you honor's most obedient and most humble servant,

On the 12th, Lieutenant Dudingston had so far recovered as to be able to write to Admiral Montagu a letter, containing his version of the affair, of which the following is a copy. In perusing it, it should be borne in mind, that both he and his midshipman Dickinson had every inducement to represent the circumstances as favorably to themselves as they could.

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, your most humble servant.

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 your Excellency's most obedient and humble servant.

Gov. Wanton transmitted the following account of the transaction to the Earl of Hillsborough, on the 16th of June:

The particulars relating to this unwarrantable transaction, so far as I have been able to collect them, are as follows:

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 unaminously 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.

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.

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, with the greatest respect, my Lord, your Lordship's most obedient humble servant,

There is little room to doubt 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:

I am, sir, your Excellency's most obedient servant,

John Brown and Joseph Brown, principal men of the town of Providence; Simeon Potter of Bristol; Doctor Weeks, of Warwick; Richmond, of Providence.

Instead of pursuing the course recommended by the Admiral, the Governor took the following affidavits, going to discredit Aaron's statement:

Samuel Thurston, of the island of Prudence, in the township of Portsmouth, in the county of Newport, of lawful age, declareth and saith, that Aaron, 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:

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.

July 16th, Gov. Wanton addressed the following note to Capt. Linzee, of the Beaver:

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, your humble servant,

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

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, your most obedient humble servant,

Governor Wanton communicated his proceedings in relation to Aaron to Admiral Montagu:

He therefore issued his warrant to take Aaron into his custody. At the same time I wrote Capt. Linzee a letter requesting him to deliver him to the Sheriff, in order to his being examined, both which were treated by Capt. Linzee with great contempt, and by him utterly disregarded. What could be his motives or reasons for such his conduct, I am not able to account for. It certainly is a great contempt of the civil authority of this colony, who have the only power and jurisdiction to try all and every offence committed within the same, to refuse delivering up an offender, who, by his own confession, hath acknowledged his guilt, and what is sufficient for his conviction, supposing what he hath declared to be true, and, if otherwise, he ought to be proceeded against agreeably to law, and punished according to his offence. I have transmitted to you the several depositions, by which I apprehend you will agree with me in opinion, that no dependence can be had on the declaration given by the informant, but must wholly be disregarded. Villany 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,

The following was his answer:

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. Soon after the following papers arrived in this country from the government at home: 

[L.S.] GEORGE R.
By the KING.

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:

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.

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.

Art. 2d. You are to use your utmost care and diligence pursuant to the authorities and directions contained in our said commission, in making a very full and particular inquiry into all the circumstances relative to the attacking, plundering, and burning our armed schooner the Gaspee, on the tenth of June last in the Narragansett river, within our said Colony of Rhode Island, and to the assembling, arming, and leading on the persons who made the said attack, as also into the causes and occasions thereof, and into all the steps that have been taken by the civil magistrates in their respective stations, for the discovery and punishment of the perpetrators of those heinous offences, 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. 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.

Lastly. It is our will and pleasure that you do take an account by way of Journal of all your acts and proceedings in the execution of the powers and directions given to you, and that the reports which you are to make us, by one of our principal Secretaries of State, of those proceedings, be in writing and signed by any three or more of you.

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

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, your most obedient humble servant.

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

I am your most humble servant,

I am, with real regard, sir, your most obedient servant,

Your Honor's most obedient servant,

I am, with esteem, your most obedient servant,

I am, sir, your most humble servant,

 I am, sir, your humble servant,

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, your most obedient humble servant,

I shall be glad to wait on you at Newport, and am, sir, your most obedient and humble servant,

Your humble servant,

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, with respect, sir, your most obedient humble servant,

Colony of Rhode Island, &c.

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.

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 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 commisioners. The commissioners then appointed James Brenton and James Clarke, Esqs., joint Secretaries, who were accordingly sworn truly and faithfully to execute the duties of their office.

The proceedings of said commission were then adjourned till tomorrow 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:

"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."

The proceedings on said commission were then adjourned till tomorrow 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.

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.

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.

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

During the session of the commissioners, various letters passed between them and Admiral Montagu. These will be given in the order of time.
 

We are sorry to give you this trouble, but our duty, as we apprehend, obliges us to do it.

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

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 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,

I flattered myself I had given Captain Keeler (the senior officer of his Majesty's ships here) such orders as would not have required my attendance until I was able to have come in a proper manner with the ships under my command, and at a proper season of the year. I doubt not but what he would have faithfully put his orders in force, and have given you the same assistance I can possibly do now I am come.

I have ordered Aaron, the Negro, to be brought to the wharf agreeable to your summons, who will be delivered to your officer, and I am to desire, when you have done with him, the civil officers may be directed to see him safe to the boat again.

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

I shall be glad you will inform me, whether you think the presence of Captain Dudingston is necessary, that I may apply to their Lordships for his being sent out as soon as convenient.

In the meantime I shall take care to leave such orders with the senior officers of his Majesty's ships as will answer every purpose of my staying.

I shall, before I go, lay before you the names of some persons who can give you information relative to the assembling the people concerned in burning the King's schooner.

I must beg your answer, as I cannot close my letter to the Admiralty until I receive it.

I am, gentlemen, your most obedient humble servant,

John Andrews, Esq., Judge of the court of Vice Admiralty within the Colony of Rhode Island; Mr. Arthur Fenner, Clerk in the Supreme Court in the county of Providence; Messrs. John Cole, George Brown, and Daniel Hitchcock, Attorneys at Law in the town of Providence; James Sabin, Vintner in the town of Providence.

It is the desire of Admiral Montagu that the above named persons may be summoned and examined before the commissioners relative to the assembling of people in the town of Providence, in the evening of the 9th of June last as a measure necessary towards the discovery of the persons concerned in the burning his Majesty's schooner the Gaspee.

We shall be much obliged to you when convenient, if you would attend us as a board, having some questions to ask you relative to the information Lieutenant Dudingston gave you concerning the burning and destroying the Gaspee.

To the Honorable Admiral Montagu, commander-in-chief of His Majesty's ships, &c., in North America.

In our last, and before we received yours of this day, we had desired your attendance in order to give us an account of what Lieut. Dudingston had related to you concerning the burning and destroying the Gaspee.

We shall be always ready to receive any information from you relative to the business we are met on, and are, sir,

Your most obedient humble servants,

I am, with respect, gentlemen, your most obedient humble servant,

In the same conversation you also informed us that at this inclement season of the year it was impossible for you properly to execute your orders relative to the affair we are now met on, and that the other duties of your department must suffer if you did not very soon return to Boston, and therefore it was your determination to go thither to-morrow, or next day, if possible.

Your absence from us, you are sensible, as we construe our instructions, and as we yesterday informed you, must make an adjournment of this board necessary. Indeed, without this difficulty, it is highly probable we should find ourselves under a necessity of adopting the same measure for the want of Capt. Dudingston, and from the extreme rigor of the season, which renders it almost impossible to get witnesses who are at any distance from us.

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

According to the preceding journal of the commissioners, two or three letters which passed between them and the Admiral are wanting to complete the file of the correspondence. During their session they examined several witnesses, and held correspondence with several others. These will now be given in their proper order.

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.

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.

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.

Sworn to, at Newport, this 9th day of January, before us,

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.

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 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.

At 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.
his mark.

 Coram,

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

Soon after, the captain sent for a Justice from the town, which Justice swore him, and he confirmed the above account he had given under oath relative to the negro. The deponent first saw the schooner on fire about breakfast time, which was about six o'clock, when he was ashore, and heard the guns of the schooner blow off, but did not see her from the time he first left her till he saw her on fire. He set along side of the negro in the boat from the time the boat put off from the schooner until she struck the shore where he landed, and that while rowing ashore he was cold, and asked the negro to let him row to warm himself, which he did; and as they sat together, asked him, the negro, for a chew of tobacco, which he gave him. And this deponent further saith that he never saw the said negro before he saw him in the boat.

From your most obedient friend and humble servant,

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.

I am, gentlemen, most respectfully, your most humble servant,

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, with all deference, your Honors most obedient and most humble servant,

I am your Honors most obedient humble servant,

I am, with great regard, your Honors most obedient and most humble servant,

P. S.—I have judged proper to inform your honors of all particulars of knowledge I have relating to the burning his Majesty's schooner called the Gaspee, in the Narragansett River. I was in Providence town the evening before the mischief was done, and in company with a number of gentlemen, I heard a disturbance in the street, and inquired into the cause, and was answered, that it had been a training day and they were breaking up their frolic, and I heard nothing further that evening relative thereto, but went to bed, and nigh morning was surprised with the news of the said schooner's being burned and destroyed. I then waited upon the Deputy Governor immediately, and he, with me, repaired to the spot, where we found Mr. Dudingston badly wounded, and the said schooner appeared at a distance to be on fire, and burned down to the water; and the Deputy Governor inquired of Mr. Dudingston if he had any knowledge of any of the trespassers, and he made answer that he should give no account about the matter before he was brought before the court martial, where he expected his trial, but was willing that his people should declare all they knew of the matter, and were sworn before the Deputy Governor accordingly. I — — — Mr. Dudingston afterwards, and desired him, if he had any knowledge of any of the persons who did the mischief, he would inform me thereof, that they might be brought to condign punishment, but always declined saying any thing at all; and that is the substance of the knowledge I have of the matter, and which I am ready to swear to.

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.

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.

Peter May, of lawful age, being duly sworn, deposeth and saith, that he was late a mariner on board his Majesty's schooner Gaspee, and that some time last summer, as they were going in said schooner towards Providence, about 2 or 3 o'clock in the afternoon, they struck aground upon a point of land about a musket shot from the land; that she lay so dry that they walked round her and scraped her bottom, the water being about one foot on one side, and about two feet on the other; and they got an anchor out, and endeavored to get her off, but after striving till sunset they desisted from any further attempts; all but the watch, which consisted of three, were ordered by Lieutenant Dudingston to go to sleep; that between 12 and 1 o'clock the schooner was attacked by a number of boats with people on board, armed some with clubs, some with other weapons; that this deponent was below at the time the people boarded the schooner, and when he came upon deck he saw Lieutenant Dudingston discharge a pistol, but whether it wounded any body he cannot tell; immediately after, he saw a man in the bow of one of the boats fire a musket and wound the Lieutenant, upon which, the Lieutenant cried out, "Lord have mercy upon me, I am done for;'' that immediately after this, the deponent was knocked down the hatchway, and recovering himself, went into the steerage in order to get some clothes, and from thence stepped into the cabin, and there heard the Lieutenant desire the people not to haul and pull him about as they did, but to assist him; on which they said they had no doctors, but would send him as soon as they could to a place where they could get one; he soon after, when the Lieutenant was on deck, heard several people ask him whether he would make amends for the rum which he had seized out of the sloop, and if he would, they would return him the schooner; one of which people was named Greene, whom he saw in the cabin of the Gaspee the day after they had seized a sloop, of which he appeared to be the owner and out of which he took some rakes; this deponent saith that the said Greene is a tall, slender man, wearing his own hair of a brown color. This deponent further saith, that after they had taken possession of the Gaspee, the hands belonging to the Gaspee were put into a boat and rowed ashore at a place about a mile distant, between 3 and 4 o'clock in the morning, and that he saw the schooner on fire when they were about halfway to the shore, and the fire began upon the quarter deck; and further this deponent saith not.

And this evening, another person (one Ramsdale) came to me, who said he also was summoned to Newport upon some occasion, and that he knew nothing respecting the matter for which he was cited, and urged me very much to take his deposition to that purpose, that he might be dismissed; but as he appeared to be a young, healthy man, and lest the commissioners might conceive I was too officious in previously examining their witnesses, I advised him to deliver what he had to say to the commissioners.

I am, sir, with the greatest respect, your honors most obedient and humble servant,

P. S.—Since I wrote the above, I received a deposition from Greenwich, which I have also enclosed to your honors.

The examination of Capt. William Thayer, of Mendon, in the county of Worcester, in the province of Massachusetts Bay, Inn-holder, taken in Providence, in the colony aforesaid, this 15th day of January, in the thirteenth year of his Majesty's reign, Anno Domini 1773, by Darius Sessions, Deputy Governor of said colony.

Question.—Do you know any circumstances relative to the attacking, taking, plundering and burning his Majesty's schooner called the Gaspee, and to the assembling, arming, training, and leading on the people concerned therein, and to the concerting and preparing said attack?
Answer.—No.
Q.—Where was you when said schooner was destroyed, which was on the 10th day of June last?
A.—At home, in Mendon.
Q.—How far is that from Providence?
A.—About twenty-two miles.
Q.—How long a time after the schooner was destroyed before you was in Providence?
A.—I was not there until the latter end of June, or the beginning of July.
Q.—Did you hear any person say, when you was in Providence, or at any other time or place, that they knew any of those persons that were concerned in that affair?
A.—No.
Q.—Did you ever hear the names of any persons suspected to be concerned in that matter?
A.—I heard the names of one Potter and Brown, or Browns, but did not know them, nor where they lived. I don't recollect any other.
Q.—Do you remember who mentioned those names?
A.—No; it being only some rumor which I heard among people in my house, it being a public one.

On the day and year above said, William Thayer, the subscriber to the above examination, made solemn oath to the truth of the several answers annexed to the foregoing interrogations, before

I had not done it but our river is fast shut up, and it is very uncertain when Mr. Vaughan will reach Newport. I choose Mr. Vaughan should give his deposition before the commissioners, if he arrives in season for that purpose; but if he doth not, and you think proper to make use of what I now send, you have liberty to improve it in any way you think it may promote truth and justice.

I am, sir, your humble servant,

The above questions put to any of the Gaspee's people, who pretend to establish the negro's evidence, by swearing to the identity of him, I think, must convince any one that their testimony is absolutely false.—The midshipman at Boston swore that it was a very dark night; and how is it possible that the features and dress of a negro could be sworn to a month afterwards.

I am requested by some persons in this town to inform your honor that one David James, a young man, who served his time in this town, and is properly an inhabitant thereof, was last week impressed out of a sloop belonging here, Joseph Tillinghast, master, and carried on board the schooner Halifax.

The young man was born in —, in Virginia, where he had left him by his father, some estate in land, which, by several letters of a late date from his brother, and his guardian, appears to be sold, and that the money thereof will be sent to him very soon by a schooner that is now gone there. I have seen the letters myself this day, and make no doubt but they are genuine. If your honor will interpose so far as to use your endeavors to get him discharged, you will do a singular favor to the young man and to his acquaintances here. If he remains in confinement there will be nobody to take care of his money or goods that may be sent him from his patrimony, which will be his total ruin.

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

The following rough draft of a letter is filed among the papers of the commissioners, and is supposed to be the report of their proceedings up to their adjournment in January:
 

We have proceeded to examine such witnesses as we could obtain, and also carefully to look into all papers which Gov. Wanton has laid before us relative to the conduct of the magistrates of this government in the business we are upon; but find it totally impossible at present to make a report, not having all the evidence we have reason to expect. We therefore hope, for these reasons, that our omitting it will not be disagreeable. In short, we have hitherto, my Lord, exerted ourselves to our utmost abilities in the execution of the trust his Majesty has been pleased to honor us with, and your Lordship may rely on our future endeavors to discharge ourselves with that fidelity which the nature of so important a commission demands.

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

The commissioners adjourned to meet on the 26th day of May, 1773, at Newport. The journal of their proceedings, if any were kept, is not among the papers. To remove the difficulties between Admiral Montagu and the commissioners, relative to his personal attendance at Newport, the board of Admiralty in England despatched him special orders as follows:

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

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,

Your most obedient, humble servant,

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:

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.

June 22.—The board being reminded by Mr. Smythe of his motion yesterday, produced the original order signed by the magistrates, and inquiring if the Governor's son or the gunner had been applied to for information on the subject. Mr. Auchmuty proposed that the sense of the board should first be taken whether the affair should be at all inquired into or not; whereupon Gov. Wanton and Chief Justice Horsmanden were of opinion that no notice whatever of the attack of the schooner St. John ought to be taken by this board. Mr. Smythe, on the contrary, was of opinion that a strict inquiry ought to be made on the subject and inserted in the report. Mr. Auchmuty doubted.

A part of the journal of the session of the commissioners held in January was omitted in its proper place, by mistake, and is here inserted:

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.

The commissioners issued a summons for bringing before them Stephen Gulley, a witness, relative to the taking and burning of the Gaspee schooner, in order to be examined before them at 11 o'clock to-morrow morning. 

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

Stephen Gulley, who was summoned to give evidence to the commissioners of what he knew concerning the attacking and burning the Gaspee, &c., appeared before them and was examined upon oath, which examination was reduced to writing, signed by the deponent, and ordered to be filed.

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. 

Aaron, the mulatto, appeared before the commissioners, and was examined upon oath, relative to the burning the Gaspee, which was taken in writing and filed.

The commissioners issued a summons for Patrick Earle to appear before them on Friday, the 15th inst, to give evidence of what he knows respecting the burning of the Gaspee, &c.

The commissioners received a letter from Admiral Montagu, acquainting them of his arrival at Newport.

The commissioners received from Admiral Montagu the deposition of Patrick Earle, taken the 16th of July last before a justice of the peace in the town of Newport.

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

Patrick Earle, a mariner, on board his Majesty's ship the —, pursuant to summons, appeared before the commissioners, and was examined upon oath, which examination was taken in writing, and ordered to be filed.

A letter was delivered to the commissioners by the Admiral's clerk, at about half past eleven o'clock from Admiral Montagu, which was ordered to be filed.

The commissioners immediately agreed to an answer, as well to this letter as to the letter received from the Admiral on the 14th inst, in the following words:

Which letters were delivered to J. Brenton, Esq., one of the Secretaries, who attended the Admiral with them, and delivered them to the Admiral's Secretary, the Admiral being abroad, with the following message from the commissioners, that they were now sitting, and would be glad to see the Admiral at the board at any time this day before 2 o'clock in the afternoon, or on Monday or Tuesday next, if convenient to him.

At two o'clock a message was received by the commissioners from Admiral Montagu acquainting them he would wait on them on Monday morning next.

The commissioners then adjourned the business of the commission to Monday morning at ten o'clock. 

The Hon. Admiral Montagu waited upon the commissioners agreeable to his message of Saturday last.

The Admiral laid before the commissioners, letters which he had received from Lieutenant Dudingston during his residence at Pawtuxet and Newport after the destroying of the schooner Gaspee.

The Admiral also delivered to the commissioners, a list of persons who reside in Providence as material witnesses relative to the assembling of the people prior to the attacking the Gaspee, in consequence of which they ordered a summons to be issued for John Andrews, Esq., John Cole, Esq., Daniel Hitchcock, Esq., and George Brown, Attorneys at Law, and Arthur Fenner and James Sabin, to attend on Wednesday next at 11 o'clock, which was issued accordingly. The summonses were delivered to Samuel dark, who was sent as express by the commissioners at 20 minutes after 3 o'clock.

Peter May attended the commissioners pursuant to summons, and was examined upon oath, which examination was reduced to writing and ordered to be filed.

Robert Masters, who was also summoned, appeared, and upon examination on oath, there appearing nothing material in his testimony, he was discharged without making any deposition.

The commissioners received a letter from Admiral Montagu, which was read and ordered to be filed; an answer was immediately ordered, which was accordingly written in the following words: —, and delivered to the Admiral by —.

The commissioners also received another letter from the Admiral, enclosing the deposition of Aaron Briggs, taken the — day of —, which was ordered to be filed.

The commissioners adjourned till to-morrow at 10 o'clock. 

The commissioners directed copies of the several letters which have passed between them and
Admiral Montagu to be made out in order to be transmitted to the Earl of Dartmouth. 

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

Samuel Clark, 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 Clark 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:

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

An adjournment being determined upon, Mr. Auchmuty and Mr. Oliver signified their intention of returning home, and took leave of the other commissioners accordingly. 

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 following is the form of oath taken by the commissioners.

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.

And we do renounce, refuse, and abjure any allegiance or obedience to any of them: And we do swear, that we will bear faith and true allegiance to his Majesty, King George the Third, and him will defend to the utmost of our power, against all traitorous conspiracies and attempts whatsoever, which shall be made against his person, crown or dignity: And we will do our utmost endeavor to disclose and make known to his Majesty, and his successors, all treason and traitorous conspiracies which we shall know to be against him, or any of them: And we do faithfully promise to the utmost of our power to support, maintain, and defend the succession of the crown against the descendants of the said James, and against all other persons whatsoever, which succession, to an act entitled, "An act for the further limitation of the crown, and better securing the rights and liberties of the subject," is and stands limited to the Princess Sophia, Electoress and Dutchess Dowager of Hanover and the heirs other body being Protestants: and all these things we do plainly and sincerely acknowledge and swear according to these express words by us spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, mental evasion, or secret reservation whatsoever: And we do make this recognition, acknowledgment, abjurations, — and promise heartily, willingly, and truly, upon the true faith of a Christian. So help us God.

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

NEWPORT, June 22, 1773.

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.

My Lord, as we have used the utmost assiduity, and made the strongest possible efforts to the thorough accomplishment of the end and design of the commission, though not attended with that success most ardently wished for by all, yet we humbly hope his Majesty will be graciously pleased to accept of our services and endeavors therein, which will reflect the greatest honor on your Lordship's most respectful and most obedient humble servants.

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.

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.

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.

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.

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.

They were instructed without delay, "to inform themselves particularly of the principles and authority on which was constituted a court of enquiry, said to have been lately held in Rhode Island, with power to transport persons accused of offences committed in America, to places beyond seas to be tried."

109

With the following song, made on the occasion, it is designed to close this prolix account of the Gaspee:

'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.
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.