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YALE UNIVERSITY
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DOCUMENTARY HISTORY

OF THE

DESTRUCTION OF THE GASPEE,

I

COMPILED FOR THE PROVIDENCE JOURNAL.

m

BY HON. WILLIAM R. STAPLES.

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THE

DOCUMENTARY HISTORY

OF THE

DESTRUCTION OF THE GASPEE,

COMPILED FOR THE PROVIDENCE JOURNAL,

BY HON. WILLIAM R. STAPLES.
j i » i'

PROVIDENCE:
KNOWLES, VOSE, AND ANTHONY.
18 45.

Entered according to Act of Congress, in the year 1845, by Knowles, Vose & Anthony,
in the Clerk's Office of the District of Rhode-Island.

DESTRUCTION OF THE GASPEE.

The first appoarctnco of his Majesty's arm
ed schooner, the Gaspee, in the waters of
Narragansett Bay, was in March, 1 772. _§he,
was despatched here by the Commissioners
of Customs to prevent breaches of the reve
nue 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 ar
rival the following letter was sent by Deputy
Governor Darius Sessions, then residing in
Providence, to Governor Joseph Wanton, of
Newport : Providence, March 21, 1772.
Sir : — The inhabitants of this town have,
of late, been much disquieted in their minds,
by repeated advices being brought of a
schooner which for some time past hath
cruised in the Narragansett Bay and much
disturbed our Navigation. She suffers no
vessel to pass, not even packet boats, or oth
ers of an inferior kind, without a strict exam
ination, and where any sort of unwillingness
is discovered, they are compelled to submit,
by an armed force. Who he is -and by what
authority" Ee assumes such a conduct, it is
thought needs some inquiry, and I am re
quested, by a number of gentlemen of this
town, on their behalf, to acquaint your Ho
nor therewith, and that you would take the
matter into consideration and, if the com
mander of that schooner, has not as yet made
proper application and been duly authorized
in his proceedings, that some proper mea
sures be taken to bring him to account.
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 opin
ion, 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 do
ing 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,
DARIUS SESSIONS.
Gov. Wanton.
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 ex
ecute his orders. Dressed in a little brief au
thority from the government at home, he lit
tle regarded the supposed rights of the colo
nists. He seemed inclined to consider that
his commission warranted the exercise of un
restricted authority over Americans, and he
required from them the same passive obedi
ence to his orders which had been the fash
ionable court doctrine in some previous reigns.
On the 17th of July, he carried into the har
bor of Newport a brig and a sloop taken in
the Sound, on suspicion of their being en
gaged in illicit trade . No proof was exhib
ited 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 en
tered against him or his vessel, Capt. Pack-
wood went on board the Liberty to get some
of his clothes which had been transferred to
that vessel, in order to proceed on his voy
age. 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, how
ever, 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
eloop escaped. No inquiry 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: Newport, Rhode Island, >
March 22, 1772. $
Sir:— A considerable number of the in
habitants of this Colony have complained to
me of your having, in a most illegal and un
warrantable manner, interrupted their trade,
by searching and detaining every little pack
et boat plying between the several towns.
As I know not by what authority you as
sume this power, I have sent off the high
sheriff, to inform you of the complaint exhib
ited 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,
J. WANTON.
To the commanding officer of a schooner
near Brenton's Point.
Gaspee, Rhode Island, March 23, 1772.
Sir : — Last night, I received your letter
informing me that a "number of the inhabi
tants of this Colony had complained" to you
of my having "in a most illegal and unwar
rantable manner interrupted their packet
boats, plying between the several towns.''
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 ar
rival, 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 hie *
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,
W- DUDDINGSTON.
Newport, Rhode Island,
March 23, 1772.
Sm : — Yours ofthis day I have received,
which does not give me that satisfaction I
had a right to expect ; neither was the bear
er of the letter qualified to give me any au
thentic information respecting the legality of
that authority you have presumed to ©xerciee
within this Colony. I expect that you do
without delay, comply with my request of
yesterday, and you may be assured that my
utmost exertions shall not be wanting to pro
tect your person from any insult or outrage
on coining ashore. I am your humble servant,
J. WANTON.
To. Mr. W. Duddingston, of the Schooner
Gaspee.
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 Admi
ral Montagu, then commander-in-chief of his
Majesty's fleet on this station. The Admi
ral sympathised with the Lieutenant. He
felt his own dignity wounded in the requisi
tion made by the Governor on his Lieuten
ant. 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 ofthe
King, Admiral Montagu addressed the fol
lowing letter to Gov. Wanton:
Boston, 6th April, 1772.
Sir : — Lieutenant Duddingston, command
er of his Majesty's armed schooner and a
part of the squadron under my command,
has sent me two letters he received from you
of such a nature I am at a loss what answer
to give them, and ashamed to find they come
from one of his Majesty's Governors. He
informs me that he waited upon you and
showed you the admiralty and my orders for
his proceedings, which, agreeable to his in
structions, he is to do, that you may be ac
quainted that he is on that station to protect
your province from pirates and to give the

trade all the assistance he can, and to en
deavor, as much as lays in his power, to pro
tect the revenue officer, and to prevent (if
possible) the illicit trade that is carrying on
at Rhode Island.
He, sir, has done his duty and behaved
like an officer, and it is your duty as a gov
ernor, 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 re
ceive any molestation in the execution of
their duty, they shall send every man so
taken in molesting (hem, to me. I am also
informed, the people of Newport talk of fit
ting out an armed vessel to rescue any ves
sel the King's schooner may take carrying i
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 Secre
taries 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.
J. MONTAGU.
This produced the following spirited an
swer: Rhode Island, May 8, 1772.
Sir : — Your- letter dated April the 8th at

Boston, I have received. Lieutenant Dud-""1316 them or any Part thereof

dingston has done well in transmitting my
letters to you, which I sent him ;""but I am
sorry to be informed there is any thing con
tained in them that should be construed as a
design of giving offence, when no such thing
was intended. But Mr. Duddingston has
not behaved so well in asserting to you "he
waited on me and showed me the admirally
and your orders for his proceedings which
agreeable to his instruction he is to do," but
in that he has altogether misinformed you,
for he, at no time, ever showed me any or
ders from the admiralty or from you, and
positively denied that he derived any autho
rity either from you or the commissioners ;

ernment, from the King's admiral stationed
in America. You seem to assert that I haVe
endeavored to distress the King's officer, for
strictly complying with your orders. In this
you are altogether mistaken, for I have at all
times heretofore, and shall constantly for time
to come, afford them all the aid and assistance
in my power in the execution of their office.
The information you have received "that the
people of Newport talked of fitting out an
armed vessel to rescue any vessel the King's
schooner might take carrying on an illicit
trade," you may be assured is without
foundation, and a scandalous imposition, for
upon inquiring into this matter, I cannot find
that any such design was ever made, or so
much as talked of, and, therefore, I hope you
will not hang any of his Majesty's subjects
belonging to his colony upon such false in
formation. I am greally obliged for the
promise of transmitting my letters to the Sec
retary of State. I am, however, a little
shocked at your impolite expression made
use of upon that occasion ; in return for this
good office, I shall also transmit your letter
to the Secretary of State, and leave to the
King and his ministers to determine on which
side the charge of insolence lies. As to your
advice not to send the Sheriff on board any
of your squadron, please to know, that I will
send the Sheriff of this Colony at any time,
and to any place, within the body of it, as
I shall think fit. In the last paragraph of
your letter you are pleased flatly to contra
dict what you wrote in the beginning ; for
there you assert that Duddingston, by his in
structions, was directed to show me the ad
miralty and your orders to him, and here you
assert, that I have no business with them,
and assure me that it is not his duty to show

therefore, it was altogether out of my power''1? in .said letter> together with a copy of the

to know, whether he came hither to protect
us from pirates, or was a pirate himself.-*'
You say "he has done his duty and behaved
like an officer." In this I apprehend you
must be mistaken, for I can never believe it
is tbe duty of any officer, to give false in
formation to his superiors. As to your attempt
to point out what was my duty as Governor,
please to be informed, that I do not receive
instructions for the administration of my gov-

I am, sir, your humble servant,
J. WANTON.
The Governor laid the preceding 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 writ
ten letter to Admiral Montagu, and likewise,
that his Honor, the Governor, be requested
to transmit to the Secretary of State, a nar
ration, containing the proceedings referred

Admiral's letter, as soon as may be, and that
he present a copy thereof to this Assembly
at the next session ofthe same."
The letter of the Governor led to some
further correspondence between the Admiral
and the Lieutenant, of which only the follow
ing letter has been obtained :
Sir : — I have received your letters ofthe
14th and 18th inst and copy of commission-

ers to you. By theirs, I see plainly, 1 can
not look to them to be supported for sending
the sloop and rum to Boston, notwithstand
ing I was assured by their officers at this
port, no seizure could be safe with them. —
There was only the alternative to send her
or remain in this harbor and guard twelve
hogsheads of rum, a bait, the inhabitants of
this government would willingly put in my
wa y, if that could fix the schooner. I was
not, at the time, ignorant of the statute to
the contrary, but never doubted if the sloop
got safe I should be supported by them, as I
informed the board. The owner ofthe rum
resided in Coventry, which is but little fur
ther from Boston than Newport, of course
could, at as little expense, defend his proper
ty at the one as the other. As I find the ex
igencies not considered, but law referred to
by them, for the future shall take care not to
act repugnant to it, let what may be the con
sequence. If I should have any doubt about
that, will take the opinion recommended to
their officers relative to the officers in the
Navy being arrested here by the Attorney
General. I shall be on my guard not to put
it in their power to arrest me or any officer
under my command in this government. —
What passed between the governor and me
was, near as I can recollect, what follows.
The morning after my arrival from Boston
was when I first saw him.
Sir, I command his Majesty's schooner
Gaspee, and am ordered into this govern
ment by Admiral Montagu, to assist the re
venue. Governor — Is it the schooner Capt. Allen
commanded 1 (meaning the Lieutenant I
superseded.) Lieut. D. — Yes.
Governor — We have had many different
schooners here lately, (mentioning the Sul
tana, 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 ofthe custom house sloop Lib
erty, 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 other
wise mentioned, but hoped I should meet
with no difficulty in the execution of my
duty. Governor — You may depend on my sup
port and assistance.

I then observed, it was not clear to me,
if I made a seizure it would be safe.
Governor — I will do all in my power.
I then instanced what had been the fate
of one made by the officers of the port a little
before, and added, I did not think if I made
one I should put it to the trial.
Governor — I suppose you will be much
here. I shall always be glad to see you.
Lieut. D. — I shall be where I find I can
best execute the service. I was much
obliged to him.
Governor — I hope, Captain, we shall have
a good understanding.
I said it was my wish, and should give
him as little trouble as possible. Much was
said about his government and police, but
never did he ask me to show my orders, or
even mention them. The weather kept me
some days in the harbor, and I was in com
pany with some of his friends, but nevei-
heard my authority questioned, till I sent the
sloop to Boston, on my return here, at which
time I gave him my reason in a letter, a
copy of which I enclose to you, for not show
ing my orders, as he, till then, had never re
quired me to do so, at which time I sent
them by an officer, which I informed you of.
I must now beg leave to observe, if he had
asked me to show my orders, is it possible I
should behave so much unlike an officer and
gentleman, in telling a falsehood, by doing
which I must be ruined as an officer and in
reputation forever ? The fallacy is easily
seen when it is considered, the only thing
that makes the schooner respected, is said
to be denied by me. Had such an assertion
come from a private character, I should hope
for reparation for an attempt to wound my
reputation as an officer. In my present sit
uation I have only to hope my person wifl
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 false
hood. 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 ofthe 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 al
ways 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, W. DUDDINGSTON.
a j • ,„ t Gaspee, May 22, 1772.
Adnural Montagu. ) Rh0'de ^^

At the next session of the Assembly,
which was in August following, Gov. Wan
ton presented a copy of his letter to the Sec
retary of State, which was as follows :
Newport, Rhode Island, May 20, 1772.
My Lord: — In conformity to a vote ofthe
General Assembly of this colony, I herewith
transmit your Lordship a copy of a letter I
received from Admiral Montagu and the an
swer : They have also requested me to trans
mit to your Lordship a narrative of all the
proceedings referred to in said letter.
As Admiral Montagu has endeavored to
fix a stigma on my character and adminis
tration as Governor of this Colony, by charg
ing me with attempting to distress the King's
officers from strictly complying with his or
ders, your Lordship will indulge me with
giving a short account of my proceedings
by which the ungenerous accusation of Ad
miral Montagu will, I flatter myselfj appear
not to have the least foundation in truth
On the 21st of March last, a number of the
inhabitants of this colony, gentlemen of es
tablished character, and whose loyalty to
their Sovereign is not to be questioned, ex
hibited to me a complaint in writing, that a
certain schooner was cruising in the Narra
gansett river, boarding every vessel and boat
that passed, and otherwise interrupting them
in the pursuit of their lawful business ; and
not knowing by what authority the persons
belonging to said schooner exercised that
power within the body ofthe colony, request
ed me to make such enquiry concerning the
same as was consistent with law. It, there
fore, became my indispensable duty, in order
to satisfy the complaints, to demand of the
commanding officer of said schooner, the rea
son of his thus acting, and whether he was
vested with such power as would justify his
proceedings, which produced my letter to
him ofthe 22d of March. It was answered
by Wm. Duddingston, of the schooner Gas
pee, but, as he did not give me th it satisfac
tion 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 ofthe Admiralty, for his com
manding the schooner Gaspee ; also their
letter to the commissioners at Boston request
ing 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 Mon
tagu's accusation is as groundless as it is il
liberal. 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
withMr. Duddingston'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 as
sured, a malicious representation, calculated,
by the enemies of our happy constitution, to
injure the colony, and bring upon the inhab
itants his Majesty's displeasure. I acknow
ledge 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 be
longs. I submit the dispute, with pleasure,
from a thorough conviction that your Lord
ship's opinion thereupon will be consonant to
the strictest equity.
It is now my turn to complain of Wm.
Duddingston's illegal proceedings, in carrying
a quantity of rum he had seized on board a
small boat, lying within the county of Kent,
in this colony, to Boston, for trial, notwith
standing by the 8th of his present Majesty, it
is expressly declared, that all forfeitures of
this kind shall be tried in that colony where
the offence is committed. To recite every
particular of his unwarrantable proceedings,
would, my Lord, be tedious. Let it then
suffice, that since the Gaspee and Beaver have
been stationed in this colony, the inhabitants
have been insulted without any just cause,
with the most abusive and contumelious lan
guage, 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. ar-
bitrary^manner, to the very-great injury and
disturbance ofThe "colony.
I have, my Lord, constantly afforded the
King's officers all the assistance in my pow
er in the legal discharge of their trust ; if any
of them through prejudice, ignorance of their
duty or youthful indiscretion, insult the colo
ny, it is my duty, as his Majesty's governor,
to remonstrate against it.
I am, with the greatest deference and re
spect, my Lord, your Lordship's most obe
dient humble servant, J. WANTON.
To the Right Honorable Earl of Hills
borough, one of his Majesty's principal Sec
retaries of State, Whitehall.
The facts stated and alluded to in the fore
going letters must have done much toward
rendering the situation of Lieut. Dudding
ston more uncomfortable, and the discharge
of his duties lessc acceptable to the colony. —
In one instance, -at least, he had violated the

a

express provision of an act of Parliament re
lating to seizures made for illicit trade. The
. act required that goods so seized should be
\ adjudicated upon by the court of Vice-Ad
miralty 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 slates that the
owner ofthe rum was a Mr. Greene, a mem
ber 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 ofthe Gaspee in
June following, which is thus described by an
eye witness :
"In the year 1772, the British government
had stationed at Newport, Rhode Island, tht
schooner called the Gaspee, of eight guns,
commanded by Wm. Duddingston, a Lieuten
ant in the British Navy, for the purpose of
preventing the clandestine landing of articles ,
subject to the payment of duty. The Cap
tain of this schooner made it his practice to
stop and board all vessels entering or leaving
the ports of Rhode Island, or leaving New
port for Proviplenee. <R •¦- r \" ¦
On the 18th day of June, 1772, Capt."m*o-
mas 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 Duddingston in close chase,
changed his course and ran on the Point,
near its end, and grounded. Lindsey con
tinued on his course up the river, and arrived
at Providence about sunset, when he imme
diately 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 immova
ble until after midnight, and that now an op
portunity offered of putting an end to the
trouble and vexation she daily caused. Mr.
Brown immediately resolved on her destruc
tion, and he forthwith directed one of his
trusty shipmasters to collect eight of the
largest long-boats in the harbor, with five
oarsto 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 gen
tlemen, being the same house purchased a

few years after by the late Welcome Ar
nold, and is now owned by and is the resi
dence 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 inform
ing the inhabitants of the fact, that the Gas
pee 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 trouble
some 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 1 0 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 em
bark ; which soon took place, and a sea cap
tain acted as steersman of each boat, of
whom I recollect Capt. Abraham Whipple,
Capt. John B. Hopkins, (with whom I em
barked,) and Capt. Benjamin Dunn. A line
from right to left was soon formed, with Capt.
Whipple on the right and Capt. Hopkins on
the right of the left wing.
The party thus proceeded till within about
sixty yards of the Gaspee, when a sentinel
hailed, "Who comes there''? No answer. —
He hailed again and no answer. In about a
minute Duddingston mounted the starboard
gunwale in his shirt and hailed, "Who comes
there V No answer. Hehailed again, when
Capt. Whipple answered as follows — -"I am
the sheriff ofthe 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. Aa
soon as Duddingston 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 fel
low." I reached it to him accordingly, when,
during Capt. Whipple's replying, Bucklin
fired and Duddingston fell, and Bucklin ex
claimed, "I have killed the rascal." In less
than a minute after Capt. Whipple's answer,
the boats were alongside ofthe Gaspee, and
boarded without opposition. The men on
deck retreated below as Duddingston enter
ed 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 Dud
dingston's wound, and I was directed to as
sist him. On examination, it was found the
ball took effect about five inches directly be
low the navel. Duddingston called for Mr.
Dickinson to produce bandages and other ne
cessaries for the dressing of the wound, and
when finished, orders were given to the

9

2

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 ofthe boats, including one
of our boats. They departed and landed
Duddingston 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 con
spicuous 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
ofthe party, excepting myself, and my age is
eighty-six years this 29th day of August,
eighteen hundred and thirty-nine.
EPHRAIM BOWEN."
The foregoing statement was published by
Col. Bowen at the time it bears date. Since
then he also has followed his "youthful com
panions" to the grave.
Col. Bowen mistook in his recollection as
to the day. Gov. Wanton's proclamation,
issued June 12th, which will hereafter be giv
en, states that the Gaspee was destroyed on
Tuesday, the 9th day of June. Capt. Lind-
sey's §loop, called the Hannah, according to
the Providence Gazette of June 13, arrived at
Newport on Monday, from New York, and
after reporting her cargo at the custom
house, proceeded up the river on Tuesday.
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, urgedhim to go with them as surgeon.
"To this," he says, "I readily consented, and
went to Corlis' wharf with Capt. Joseph
Tijlinghast, who commanded the barge" it
being the last boat that put off, and in going
down we stopped at Capt. Cooke's wharff
where we took in staves and paving stones
which done followed our commander and
came up with them a considerable distance
down the river, after which we rowed alono-
pretty rapidly till we came in sight of the
schooner, when Capt, the late Commodore
Whipple, ordered us to form a line, which
was instantly complied with, after which we
rowed gently along, till we had got near the
schooner, when we were hailed from on

board with the words, "Who comes there V'
Capt. Whipple replied, "I want to come on
board." The reply was, "Stand offj you can't
come on board." On which Capt. Whipple
roared out, "I am the sheriff ofthe county of
Kent, I am come for the commander of this
vessel, and have him I will, dead or alive —
men, spring to your oars ;" when we were in
an instant on her bows. I was then sitting
with Capt. Tillinghast in the stern of the
barge, and sprang immediately forward, and
seeing a rope hang down her bows, seized it
to help myself in. The rope slipping, I fell
almost to my waist in the water, but being
active and nimble, I recovered, and was the
first of our crew on deck, when Simeon H.
Olney handed me a stave, with which, seeing
one that I took to be of the crew of the
schooner, floundering below the windlass, I
was in the attitude of levelling a stroke, when
he cried out, "John, don't strike." Being
very intimately acquainted with Capt. Sam
uel Dunn, I knew his voice, left him, and
sprung back of the windlass, where there
was commotion and noise, but which soon
subsided, the crew jumping down the hold, I
immediately following, when I ordered them
to bring cords to tie their hands, and told
them they should not be hurt but be sent on
shore. They brought some tarred strings,
with which I tied the hands of two behind,
when John Brown, Esq., called tome saying,
I was wanted immediately on deck, where I
was instantly helped. When I asked Mr.
Brown what is the matter, he replied, "Don't
call names, but go immediately into the cab
in, there is one wounded, and will bleed to
death." I hastened into the cabin and found
Lieut. Duddingston in a sitting posture,
gently reclining to the left, bleeding profuse
ly, with a thin, white, woollen blanket, loose
about him, which I threw aside and discov
ered the effect of a musket ball, in his left
groin, and thinking the femoral artery was
cut, threw open my waistcoat and taking my
shirt by the collar, tore it to my waistband,
when Mr. Duddingston said, "Pray, sir, don't
tear your clothes, there is linen in that
trunk," upon which I requested Joseph
Bucklin to break open the trunk and tear
linen and scrape lint, which he immediately
attempted, but finding the linen new and
strong, could nor make the lint. I then di
rected 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 ne
cessary bandages, which was done by knot
ting them into long strips, placed the com
presses five or six deep, and with the liga
tures, by the Lieut. All being prepared, I

10

told Bucklin to raise his hands, when I in
stantly 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 stop
ped. 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 hav
ing boots on, stamped on them, and request
ed oth tr to assist, which was readily done.
During this, Mr. Duddingston was carried
out ofthe room, and I never saw him alter,
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 break
fast, went on the hill to view the smoking
ruins of the vessel, which was all in flames
soon after we left it."
In the preceeding- statement of Dr. Maw-
ney, are some facts not recollected by Col.
Bowen ; facts which did not, and could not,
considering the different parts they acted,
fall under his observation. They are evi
dently different parts of the same transac
tion. The attention of Dr. Mawney was
particularly directed to his patient, the wound
ed Lieutenant, though, it seems, he was
equally ready to inflict as to cure wounds. —
From a subsequent statement of Dr. Maw
ney, it appears that Lieutenant Duddingston
was not wanting in gratitude to his surgeon.
After his wound was dressed, he offered
Dr. Mawney a gold stock buckle as a testi
monial of his gratitude. This was refused,
but a silver one was afterward offered and
accepted, and worn by Dr. Mawney but a
little while before his death.
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. Bow
en was mistaken in the name of the Capt.
ofthe Hannah. That was Benjamin and
not Thomas.
Deputy Governor Sessions addressed the
foUowing letters to Gov. Wanton, which
probably gave him the first notice of the
destruction of the Gaspee :
Providence, June 11, 1772.
Sir : — A very disagreeable, affair has
lately happened within this part of the colo
ny. Last Tuesday night, as his Majesty's
schooner the Gaspee lay aground on the
point of land called Namquit, a little below

Pawtuxet, she was boarded in a hostile
manner, by a number of persons unknown,
who, in the attack, dangerously wounded the
commander, William Duddingston, by firing
a pistol or musket ball through his arm, from
whence it passed and entered near his groin,
and is now lodged in some part of his body.
As soon as they had secured the possession
of the vessel, they took out the captain with
all the people, the greater part being first
pinioned, put them into boats, and put them
ashore on the main land near Pawtuxet ; af
ter which they put fire to the schooner, which
soon reduced her to ashes, down to the wa
ter's edge. Upon my receiving the news, I
immediately set out ibr Pawtuxet. attended
by some gentlemen from this town, went di
rectly to Capt. Duddingston, told him if he
needed any money, surgeons, or a removal
of his person to a place more convenient, I
would give him all the assistance in my pow
er. He replied, he wanted no favors with
respect to himself, but only desired some
care might be taken of his people, that they
might be collected together, and sent either
to Boston to the Admiral, or else to the
Beaver at Newport, which I promised I
would take care to do. I then informed him,
that the design of my visit, at that time, was
not only to afford him any relief his ciicum-
stances might require, but also to gain a de
claration from his own mouth respecting the
attack that had been made on his person and
the vessel he commanded, that the perpe
trators might be brought to justice. He an
swered, he would give me no account of the
matter; first, because of his indisposition of
body, and secondly, because it was his duty
to forbear any thing ofthe nature till he had
done it to his commanding officer, at a court
martial, to which, if he lived, he must be call
ed, but if he died, he desired it might all die
with him. I then asked him if he was will
ing I should examine any of his officers and
people. He said he was willing. I then
proceeded to examine a number of them,
they all agreeing nearly to the same thing,
and herewith convey to your honor, cop
ies of the most material of their declara
tions. The dangerous tendency of this trans
action is too obvious to pass it over with the
least appearance of neglect, and, therefore,
doubt not your honor will give it due atten
tion, and prosecute such measures as wisdom
and prudence shall dictate.
It. is the prevailing opinion of the gentle
men in this quarter, that a proclamation, with
a large reward, be issued lor the apprehend
ing the persons who have thus offended. You
will please consult the gentlemen your way,
and in the meantime, 1 will endeavor to col
lect 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 hum
ble servant, DARIUS SESSIONS.

11

Enclosed in this letti-r were the following
affidavits :
The examination of Bartholomew Cheever,
seaman, lately belonging to his Majesty's
schooner, the Gaspee, taken by Darius Ses
sions, 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 num
ber, full of men, drawing near to the schoo
ner, upon which he informed the commander,
Capt. Duddingston, 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 along
side 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 nnd put into the
boats alongside, the most of us being pinion
ed, 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. his
BARTHOLOMEW jx| CHEEVER.
mark.
Colony of Rhode Island, &c, >
Warwick, June 10, 1772. \
The above named Bartholomew Cheever
was solemnly sworn to the truth of the fore
going declaration, to the which he has sub
scribed as above, before
DARIUS SESSIONS,
Deputy Governor.
The examination of John Johnson, boat
swain of his Majesty's schooner Gaspee,
commanded by William Duddingston, to
gether with the examination of William Ca-
ple, a seaman on board said schooner, taken
this tenth day of June, in the twelfth year
of his Majesty's reign, A. D. 1772, before the
Hon. Darius Sessions, deputy governor, —
severally say, that on the ninth of June, being
bound with said schooner to the town of Pro

vidence, in order to take on board some of his
Majesty's seamen, which was expected from
Boston, in order to replace them on board his
Majesty's ship to which they belonged, about
three o'clock in the afternoon of said day the
schooner grounded on a point in the Narra
gansett Bay, about six miles southward of
the town of Providence ; and about the mid
dle of the night following, the schooner still
being on ground, there being but ene hand
on deck, he discovered seven or eight long
boats, with a number of persons aboard them,
on which the person on deck informed the
commander, William Duddingston, who hail
ed the boats and ordered them to keep off;
but the persons on board said boats not re
garding the commander's orders, came near
in order to board said schooner, on which
the captain or commander called all hands ;
but before we was on deck, we heard two
small arms or pistols fired; and when coming
on deck, the schooner was boarded, and be
ing in the hatchway, said Johnson received
several blows with a stick, and as soon as
we was on deck, we was bound, and all the
rest ofthe seamen bound likewise, and put
on board their boat, and landed on the
west side of said Bay, together with captain
or commander, who was much wounded.
Question — Have you any knowledge of
the persons that boarded the schooner?
Answer — No. his
JOHN |*i JOHNSON.
mark. his
WM. J. fx| CAPLE.
mark.
Colony of Rhode Island, &c,
Warwick, June 10, 1772.
The within John Johnson and Wm. Ca-
ple made solemn oath to the truth of the with
in, or foregoing declaration, to which they
have subscribed, before
DARIUS SESSIONS,
Deputy Governor.
On the following day, June 12, Governor
Sessions addressed another letter to Gov.
Wanton. The. bearer of which probably
brought the proclamation of Governor Wan
ton: Providence, June 12, 1772.
Sir : — Since I wrote you yesterday by
Hacker, I have received the advice of all the
civil authority in this town, as well as an ap
plication in writing, signed by a great num
ber of the most reputable inhabitants, who
are unanimosuly of opinion, and earnestly
desire that your honor forthwith issue a pro
clamation with a proper reward, for the ap
prehending and bringing to justice any and
every person that was concerned in destroy
ing the schooner Gaspee, or in assaulting
and wounding William Duddingston, the
commander of said schooner ; and, if your
honor find it expedient to put forth such pn.
clamation, it is requested that a copy tfyere-

VI

of may be sent by the bearer, who goes ex
press, and has orders to wait until it is de
termined whether a proclamation be issued
or not ; and if it be, to bring it back with
him timely, that it may be inserted in our
newspaper to-morrow. Some exceptions are
taken at the Gaspee's being called his Maj
esty's schooner, as it is thought by some she,
in fact, really was not, and consequently did
not deserve that appellation. If the evidence
we have in that respect be sufficient to de ¦
nominate her a King's vessel, she ought to
be called so, if not, then only without any
compliment, the schooner Gaspee, which is
submitted to your honors better knowledge
and discretion by
Your honor's most humble servant.
DARIUS SESSIONS.
P. S. — Dr. Sterling, who attends Capt.
Duddingston, informed us yesterday that he
was in a fair way to recover of his wounds.
Governor Wanton,
The Hon. Joseph Wanton, Esq., at New
port. By the Honorable Joseph Wan-
[L. S.] ton, Esquire, Governor, Captain
General and Commander-in-chief
of and over the English Colony of Rhode
Island and Providence Plantations in New
England in America —
A PROCLAMATION.
Whereas, on Tuesday, the 9th inst., in
the night, a number of people unknown, board
ed his Majesty's armed schooner the Gaspee,
as she lay aground on a point of land called
Namquit, a little to the southward of Paw
tuxet, in the colony aforesaid, who danger
ously wounded William Duddingston, the
commander, and by force took him with all
his people, put them into boats, ai.d landed
them near Pawtuxet, and afterward set fire
to the said schooner, whereby she was total
ly destroyed. I have, therefore, thought fit,
by and with the advice of such of his Majes
ty'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 milita
ry, to exert themselves with the utmost vig
ilance to discover and apprehend the persons
guilty of the aforesaid atrocious crime, that
they may be brought to condign punish
ment, and I do hereby offer a reward of one
hundred pounds sterling money of Great
Britain lo any person or persons who shall
discover the perpetrators ofthe 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 pub
lic places in each of the towns in their re
spective counties.
Given under my hand, and seal at arms at

- year of the reign of his Most Sacred Majes

ty George the Third, by the Grace of God,
King of Great Britain and so forth, Anno
Dom. 1772. J. WANTON.
By his Honor's command :
Henry Ward, Secretary.
God save the King.
Notwithstanding the wound of Lieutenant
Duddingston, he probably on the morning of
the tenth of June despatched a messenger to
Admiral Montagu, with the news of the loss
of his vessel. The messenger was probably
William Dickinson, a midshipman. The
communication led to the following letter to
Gov. Wanton from the Admiral:
Boston, 11th June. 1772.
Sir : — Enclosed I transmit your Excellen
cy a deposition taken before me of the pi
ratical proceedings of the people of Provi
dence in Rhode Island government, by at
tacking his Majesty's schooner with an armed
force, wounding her commander in a danger
ous manner, and then setting her on fire. I
am to request your Excellency will use such
methods as you shall think proper for appre
hending and bringing the offenders to justice.
f am now despatching a sloop to England
with the account I enclose to you, and am
your Excellency's most obedient humble
servant, J. MONTAGU.
His Excellency Gov. Wanton.
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 riv
er, and very near us, (being an exceed
ing 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 Duddingston (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 he 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 wound
ed) to surrender. When they had got pos
session ofthe schooner they used the people
very ill, by pinioning of them, and throwing

Newport this 12th day of June, in the twelfth- "them into their boats, and refused the Lieu

tenant and officers any necessaries but what

13

they had on, and not even suffered the com
manding officer to have his papers, and rob
bed 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 peo
ple 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 to
wards Providence, and an hour after another
boat came by her and landed her men at
Pawtuxet. Questions by Admiral Montagu.
Question. — How long had you been lyin
in Providence River ?
Answer. — We came to an anchor there at
about 4 o'clock in the afternoon of the 9th of
June. Q. — Had you sent any boat ashore?
A. — No, but employed sounding the Harbor.
Q. — Had you been at Providence before
during the time you were upon that station ?
A.— No.
Q. — Do you imagine that the people who
boarded you, came from Providence ?
A. — Yes; I believe the most part, but can
not say all, as one boat landed her men at
Pawtuxet. Q. — What distance is Pawtuxet from Pro
vidence 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 Lieu
tenant to death, and calling us piratical ras
cals? 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 hap
pened ?
^Jg, — 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 ex
cept the Lieutenant ?
A. — Yes ; one in the head.
And 1 further declare, that when Lieuten
ant Duddingston came on deck, I saw him
go and stand by the starboard foreshrouds,
in his shirt, with a pistol in one hand and a
hanger in the other. After he was wounded
he got aft and sat down by the cabin com
panion way, when the two ringleaders, with
a number following them, came to him and
said, "Now you piratical rascal, we have got
you. Damn you, we will hang you all by
thg laws of Great Britain^ Damn you, what
made you fire when we answered you that
the head sheriff was in the boat." The Cap
tain (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 hand
spike over Mr. Duddingston's head,'who ask
ed "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 ofthe mob called to their
people in the boat to loose me for the Lieu
tenant 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 af
ter, 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
Duddingston, the ringleaders and some ofthe
principal of the mob demanded his papers
and orders for his proceeding in such pirati
cal manner. I then showed them the com
mission 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.
W. DICKINSON.

14

Province of Massachusetts Bay,
Suffolk, sc. Boston, June 11, 1772.
The above named William Dickinson
personally appearing, maketh solemn oath
to the truth of the foregoing deposition, as
wrote upon this and the six preceding pages,
which is taken at the request of the Honora
ble John Montagu, Esq.
Before me, EDMUND QUINCY.
Governor Wanton's reply was as lbllows :
Newport, June 12, 1772.
Sir : — I have this moment received your
honor's letter of yesterday upon the destruc
tion of his Majesty's schooner Gaspee. Up
on the first information of this unhappy af
fair, which gives me, and every friend to
government, the highest concern, I called to
gether all the members of the General As
sembly that I could conveniently, who unan
imously advised me to publish the proclama
tion of which I enclose you a copy.
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 ofthe people
of the Gaspee, taken before his honor the
deputy governor, copies of which I transmit,
you will perceive that there is a material dif
ference between them and the account given
by Wm. Dickinson.
You may rely upon the utmost and con
tinued exertions ofthe 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 Duddingston
is in a fair way of recovery.
I am, sir, your honor's most obedient and
most humble servant, J. WANTON.
His Honor Admiral Montagu.
On the 12th, Lieutenant Duddingston had
so far recovered as to be able to write to Ad
miral Montagu a letter, containing his ver
sion 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 repre
sent the circumstances as favorably to them
selves as they could.
Pawtuxet, 12th June, 1772.
Sir : — On Wednesday morning, about one
o'clock, as his Majesty's schooner was lying
upon a spite of sand called Nancutt, the cen-
tinels discovered a number of boats coming
down the River towards us. As soon as I
was acquainted with it, I came upon deck
and hailed the boats, forbidding them to come
near the schooner, or I should order them to
be fired upon. They made answer, they had
the sheriff with them, and must come on
board. I told them, the sheriff could not be
admitted on board at that time of night, on
which they setup a hallow and rowed as fast
as they could towards the vessel's bows. I
was then using every means in my power to

get the guns to bear upon them, which I
could not effect, as they came right ahead
ofthe vessel, she being aground.
I then ordered the men to come forward
with their small arms and prevent them from
boarding. As I was standing myself to op
pose them, and making a stroke with my
sword at the man who was attempting to
come up, at that instant I found myself dis
abled in my left arm, and shot through the
groin. I then stepped from the gunwale with
an intention to order them to retire to close
quarters, but soon saw that most of them
were knocked down, and myself twice, (after
telling them I was mortally wounded.) They
damned me, and said I was not wounded;
— if I was, my own people had done it. As
loss of blood made me drop down upon.'tleck,
they ordered me to beg my life, and com
manded the people to surrender. As I saw
there was no possibility of defending the ves
sel against such numbers, who were in every
respect armed and commanded with regu
larity by one who personated the sheriff, I
thought it best for the people's preservation,
to propose to them that I would order them to
surrender if they assured me they should not
be hurt, which they did. I then called out,
which was immediately echoed by the peo
ple round me, that I had given them orders
to surrender. They hurried all the people
below and ordered them up one by one and
tied their hands behind their backs, then or
dered them into different boats. I then beg
ged they would either despatch me or suffer
my wounds to be dressed ; upon that they al
lowed my servant to be unbound to get me
things for dressing, and carried me below.
But what was my surprise when I came down
in the cabin, two surgeons were ordered down
from the deck to dress me, who were furnish
ed with drops and began to scrape lint for
that purpose. During this time I had an op
portunity of observing the persons of about a
dozen, who were in the cabin. They appear
ed to me to be merchants and masters of
vessels, who were at my bureau reading and
examining my papers. They promised to
let me have the schooner's books and my
clothes ; instead of which, as they were hand
ing me up to go in the boat they threw them
overboard, or into some ofthe boats. I was
soon afterwards thrust into a boat, almost
naked. During the time they were rowing
me on shore, I had an opportunity of observ
ing the boat, which appeared to me to be a
very large long-boat. I saw by the man
who steered her a cutlass lying by him, and
directing the men to have their arms ready.
As soon as they put off, the Sheriff gave them
orders to land me on some neck, and the boat
to come off immediately, and told me if I did
not consent to pay the value of the rum I
must not expect to have any thing belonging
to me saved. I made answer, whatever re
paration law would give, I was ready and
willing ; as to my things they mig-ht do with

15

them as they pleased. They were accord
ingly going to land me on this neck, which
I told them they had better throw me over
board. One man, who had a little more hu
manity than any of the rest, said they had
better land me at the Point of Pawtuxet.
As I was unable to stand, they unbound five
ofthe men and gave them a blanket to carry
me up. When I was half way on shore I
heard some of the schooner's guns go off,
and heard the people say she was on fire. I
had not been carried far when the people
exclaim'd, I was on an Island ; and they saw
no house — on which they laid me down and
went in quest of one. Soon after they came
to acquaint me they saw one, which I was
carried to ; a man was immediately des
patched to Providence for a surgeon. A lit
tle after the people joined me with the mid
shipman ; all of whom that I could persuade
are sent on board his Majesty's sloop Bea
ver. 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 ofthe par
ticulars. There are none of the people any
ways wounded, but bruised with handspikes.
I am, sir, your most humble servant.
W. DUDDINGSTON.
On the receipt of this, Admiral Montagu
addressed the following letter to Governor
Wanton : Boston, 15th June, 1772.
Sir : — By return of express I am favored
with your Excellency's letter, and am much
obliged for the part you have taken in en
deavoring to find out and bring to justice,
those rebellious, lawless, and piratical people
who were concerned in wounding the King's
Lieutenant and burning his schooner.
It will not bear a dispute but that they be
longed to Providence, as they were heard by
four of 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 perused the depositions
which your Excellency enclosed, and al
though they differ in words, yet the matter is
much to the same purpose.
I have, since I received yours, received
one from Lieutenant Duddingston, 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 I is
bureau reading and examining his papers,
appeared to him to be merchants and mas
ters 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 J. MONTAGU.
His Excellency Gov. Wanton.
Gov. Wanton transmitted the following ac ¦
count of the transaction to the Earl of Hills
borough, on the 16th of June :
Newport, Rhode Island,
June 16, 1772.
My Lord : I had the honor to write your
Lordship on the 20th inst. I am now re
duced to the necessity of addressing your
Lordship upon a most disagreeable subject;
the destruction of the schooner Gaspee, un
der the command of Lieutenant W. Duddings
ton, by persons unknown. The particulars re
lating to this unwarrantable transaction, so
far as I have been able to collect them, are
as follows :
On the 19th 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 to
wards 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 schoo
ner. In the attack, Wm. Duddingston was
wounded by a ball through his arm, from
whence it passed and lodged in some part of
his body. Mr. Sessions, the deputy govern
or of this Colony, immediately upon hearing
of this unhappy affair, went to Wm. Dud
dingston, and offered him all the help and as
sistance in his power, but Mr. Duddingston
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. Duddingston
answered, he would give him no account be
cause 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 offi
cer, 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 gov
ernor, with the consent of Mr. Duddingston,
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 con
vened such of his Majesty's council and the
houiie of deputies as could be seasonably no
tified, and laid before them the proceedings
of the deputy governor, which they highly
approved of, and unanimously recommended

IB

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 un
easiness, and your Lordship may be assured,
that the utmost vigilance of the civil autho
rity will not be wanting to bring the perpe
trators to exemplary and condign punish
ment; and injustice to the inhabitants ofthe
Colony, I must not omit mentioning, that tne
conduct of those who committed this outrage
is, by them, universally condemned.
I wish, my Lord, those officers who have
lately been sent into this Colony, under a
pretence of assisting trade, had conducted
with that temper, prudence and discretion
which persons entrusted with the execution
of the laws ought, upon every occasion, to
manifest. In my last, I informed your Lord
ship, 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, with
out 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 transport
ing 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 ofthe Colony, are, by
the severity of these officers, subjected to
great inconvenience, which very sensibly af
fects 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 thor
ough knowledge ofthe Colony, must be per
fectly 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
thisColony, that all cause of complaint against
any ofthe King's officers stationed here may
be removed, and the inhabitants treated with
that respect which is due to the subjects of
his Britanic Majesty.
As a proof, my Lord, that the trade of this
Colony stands upon as fair and legal a foot
ing 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, notwithstand
ing they hare been searched and rummaged
with the greatest severity. These two ves
sels, although seized and condemned here,
were sent by Capt. Linzee, of the Beaver,
and Lieutenant Duddingston, to Boston, for
sale, in direct opposition to the orders of the
court of Vice Admiralty within this Colony,
and the marshal of said court prevented by
force from libelling one of these vessels for
payment of the mariners' wages.
These, my Lord, are but a few of the ma
ny grievances which the people of this Col
ony have been for months past harraesed and
perplexed with ; but as the General Assem
bly will be convened, 1 make no doubt they
will order a more particular remonstrance to
be made. In the meantime, permit me, my
Lord, to implore your attention to the com
plaints of a much abused and injured people,
whose loyalty and affection to their Sove
reign claims your Lordship's countenance
and patronage.
I am, with the greatest respect, my Lord,
your Lordship's most obedient humble ser
vant, J. WANTON.
The Right Honorable the Earl of Hills
borough. 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 ; al
though their duty as officers, and their inter
ests 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 con
dign punishment. This appears from the fol
lowing letter : Boston, 8th July, 1772.
Sir : — By express last night from Capt.
Linzee, of his Majesty's sloop Beaver, I re
ceived the enclosed account ; and, although
it comes from a negro man, it carries with it
the appearance of truth, as it agrees in many
circumstances with LieutenantDuddingston's
letter, (to me,) and also with the deposition
of the midshipman of the Gaspee ; add to
this, a man belonging to the Gaspee, swears
to this negro's being in the boat that put him
ashore, and challenged him as soon as he saw
him on board the Beaver. These corrobo
rating circumstances put it out of all doubt
with me that he was actually concerned in
taking and burning the King's schooner. And
as he has impeached several others that were
concerned in that piratical act, I am to beg
your Excellency, will get lhe people men"

17

tioned in the enclosed account apprehended,
that they may be examined before you, in the
presence of Lieutenant Duddingston, who, I
dare say, will remember the person of the
surgeon that dressed his wounds, and may
possibly recollect the persons of Potter and
Brown, who appear to me to have been the
ringleaders in destroying his Majesty's schoo
ner. As this affair was transacted in your
Excellency's government, I must totally rely
on you to have these people secured and (if
there is sufficient proof against them) brought
to justice. I doubt not but that you will exert
yourself as much aa in your power, and I
flatter myself, that, with your assistance, the
King will have justice done him, and the of
fenders brought to punishment, which I hope
will in future prevent the King's officers from
being upon all occasions insulted, and check
the lawless and piratical behavior of the peo
ple of Rhode Island.
I am, sir, your Excellency's most obedient
servant, J. MONTAGU.
His Excellency Gov. Wanton.
P. S— I shall be glad your Excellency
would inform me whether this act was com
mitted on the high seas or in the body of the
county; if, on the former, I doubt not but, as
one of the commissioners, you will use eve
ry proper method to get them apprehended,
that they may be tried. If you should think
it proper to take the negro's deposition on
oath, I should be glad you would suffer a
proper person to go on board the Swan to
take it, and that you will favor me with a
copy of it.
Aaron, a negro man, has declared that he
rowed from Providence, the evening his Ma
jesty's schooner Gaspee was burnt, towards
Warren, where he met a man called Potter,
of Bristo], in a rowing boat, with eight men,
armed with pistols, guns, and clubs ; the said
Potter desired him to go with him. In con
sequence of Potter's desire, I rowed by his
boat until I came within a quarter of a mile
ofthe King's schooner, that was on shore on
a spite of sand. I then got into Potter's
boat by his desire ; he told me with others,
that he was to join other boats that was com
ing down from Providence, in order to burn
the King's schooner that lay on shore. In
about half an hour after, we joined seven
teen boats from Providence, commanded, as
they informed me, by John Brown. Imme
diately after the boats joined company, we
rowed towards the schooner ; before we
came close to the schooner, they hailed the
boafs, and forbid them coming on board ; but
notwithstanding the officer of the schooner
forbidding the boats to come on board, we
had orders to row up to the schooner, which
we did immediately, and boarded her. I saw
Brown fire a musket when in the boat un
der the bows ; the captain of the schooner
immediately fell from the place he was stand
ing on ; the surgeon that was ordered to
3

dress the captain was a tall, thin man, called
Weeks, of Warwick ; very soon after we got
on board the schooner, the mens' hands be
longing to the schooner was tied behind their
backs, and put in boats and put on shore. I
rowed the bow oar in the boat that the cap
tain came on shore in ; I think there was
five people belonging to the schooner in the
boat. The captain lay abaft all the oars ;
Potter, of Bristol, was in the boat, and John
Brown, of Providence ; Brown steered the
boat on shore ; I had on a. red and white
spotted handkerchief tied on my head, and
two frocks on my body. A list of five men|s
names, that was concerned in destroying his
Majesty's schooner Gaspee :
John Brown and Joseph Brown, principal
men of the town of Providence; Simeon
Potter of Bristol ; Doctor Weeks, of War
wick; Richmond, of Providence.
Instead of pursuing the course recommend
ed by the Admiral, the Governor took the
following affidavits, going to discredit Aaron's
statement :
Samuel Thurston, of the island of Pru
dence, 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. Ays-
cough, 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 Maj
esty'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 GaBpee was burnt, he is well assured
that the said Aaron remained in his house the
whole ofthe night, he having seen him in the
evening and early in the morning of the 10th
at his work ; that at that time, there was but
one boat at that 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 af
ter 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 schoo
ner was burnt; and that the said Aaro™ re
mained at home from the said ninth of June
until the said 2d day of July, and never, dur
ing that time, gave him the least informa
tion, suggestion or hint of having any know
ledge of the business of the said schooner.
SAM'L THURSTON.

18

Colony of Rhode Island, &c, >
Newport, July 10, 1772. $
" Personally appeared Samuel Thurston, (one
of the people called Quakers,) and on his
- solemn affirmation, declared that the above
"-written declaration is true, before
J. WANTON, Governor.
Samuel Tompkins, of the island of Pru
dence, in the township of Portsmouth, in the
county of Newport, on oath declareth and
saith, that Aaron, a mulatto lad of about 16
years of age, now on board his Majesty's
ship the Swan, commanded by Capt. Ays-
cough, is an indented servant to the depo
nent; that he is fully persuaded the said
Aaron hath not been off from the said island
more than once or twice for twelve months
preceding the 2d day of July inst., in the
night of which, the said Aaron stole a boat
belonging to the deponent and his father-in-
law, Mr. Samuel Thurston, 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 Maj
esty's schooner the Gaspee was burnt, he is
well assured the said Aaron remained in his
house the whole ofthe night, he having seen
him about 9 o'clock that evening, with the
rest of the servants in the family, about
which time they retired to bed ; and, also,
very early in the morning of the 10th, the
said Aaron, according to his usual custom,
brought the cows into the yard to be milked ;
that at the time there was but one boat at
that end of the island, which was then so
much out of repair that the deponent is con
fident she could not swim, and then lay bot
tom upwards, in order to be refitted, being
the same boat the said Aaron stole after she
was repaired ; that he, the said deponent,
thinks it absolutely impossible that the said
Aaron should have been that night any
where near the place where the schooner
Gaspee was burnt; and that he, the said
Aaron, remained at home from the said 9th
of June until the said 2d day of July, and
never, during that time, gave him the least
information, suggestion, or hint of his having
any the least knowledge ofthe destruction of
the said schooner.
SAML TOMPKINS.
Colony of Rhode Island, &c, >
Newport, July 11, 1772. $
Mr. Samuel Tompkins personally appear
ed and made solemn oath to the iTuth of the
above deposition by him subscribed, before
J. WANTON, Governor.
Somerset, a mulatto, and Jack, a negro,
indented servants, living with Samuel Thurs
ton 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 Sam

uel Tompkins, and now, as they are inform
ed, on board of a man-of-war, has not been
off from said island for many months pre
ceding the 2d day of July inst. ; in the night
of which the said Aaron stole a boat belong
ing to the said Samuel Thurston and Sam
uel 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 nev
er 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 depo
nents further say not.
The mark of ^K SOMERSET.

The mark of -|- JACK.
Colony of Rhode Island, &c, i
Newport, July 1 1, 1772. $
In their proper persons came and appeared
the above named Somerset and Jack, and af
ter being cautioned to teil the truth, and
nothing but the truth, made solemn oath to
the above deposition to which they have
made their respective marks, before
J. WANTON, Governor.
About the same time, Capt. Linzee, ofthe
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 Duddingston, but now to his Maj
esty's ship the Beaver, commanded by John
Linzee, Esq. This deponent saith, that af
ter a number of boats boarded the said schoo
ner, as she lay aground, and the peoples'
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 ne
gro 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 fur
ther saith not.
The mark of jxj PATRICK EARLE.
Sworn in Newport 16th July, 1772.
Before me, CHARLES BARDIN.
Justice ofthe Peace.
July 16th, Gov. Wanton addressed the fol
lowing note to Capt. Linzee, of the Beaver:
Newport, July 15th, 1772.
Sir : — Having received information from
the Honorable Admiral Montagu, that Aaron,
a mulatto lad, on board his Majesty's ship

19

the Beaver, under your command, has con
fessed that he was concerned in destroying
his Majesty's schooner the Gaspee, as she
lay aground on Namquit Point, in the coun
ty of Kent, within this Colony ; and as it is
highly necessary that this lad should be ex
amined by the civil authority concerning
what he knows of that affair, I have directed
the Sheriff to wait upon you and request
that you would deliver Aaron into his custo
dy, in order to be brought on shore, that such
proceedings may be had and done in this
matter as are agreeable to law. The King's
Attorney General will attend the examina
tion, and I should be glad if you, or any of
your officers, would likewise attend. If you
are of opinion that it is most for his Majes
ty's service to return Aaron on board your
ship after lie Iras boon 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,
J. WANTON.
To John Linzee, Esq., commanding his
Majesty's ship the Beaver.
It appears from the following letter from
Lieutenant Duddingston to Admiral Mon
tagu, 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
ofthe people mentioned. I beg this may be
private till I can be mover', 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 ser
vant, W. DUDDINGSTON.
Brenton's Point, near }
Newport, July, 1772. $
Admiral Montagu.
Governor Wanton communicated his pro
ceedings in relation to Aaron to Admiral
Montagu : Newport, July 22, 1772.
Sir: — Your favor of the 8th inst. I have
received, together with the information given
by one Aaron, a mulatto servant, relative to
the destruction ofthe Gaspee; on receiving
of which I pursued every measure in my
power to investigate and find out the truth
of the various assertions comprised in his de
claration ; for which end I caused to be ex
amined on oath some ofthe family with whom

this declarant lived as a servant, persons of
credit and established character, who were
separately examined,and whose testimony per
fectly agreed in every circumstance on such
examination, by which, and from the general
bad character of the declarant, I was fully
convinced that no regard could be had to this
information ; that the declarant could not be
present at the time when this offence was
committed, as it is fully proved that he was
at home, on an island near seven miles from
the place where the disaster happened ; how
ever, being very solicitous that every inquiry
should be made that might reflect light on this
unhappy affair, I had a conference with one
of the Judges of the Superior Court, before
whom this matter must finally come to be ad
judged, who gave it as his opinion, that it
was absolutely necessary that this declarant
should be delivered up to the civil authority
to be properly examined. He therefore is
sued his warrant to take Aaron into his cus
tody. At the same time I wrote Capt. Lin
zee 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 dis
regarded. 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, sup
posing 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 depen
dence can be had on the declaration given
by the informant, but must wholly be disre
garded. 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 Jus
tice has favored ine with his opinion on this
matter, which herewith I enclose. When
Aaron is delivered into the hands ofthe civil
authority, whatever is legal and necessary
will uudoubtedly 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, J. WANTON.
THe"Honorable Admiral Moijtagu.

20

The following was his answer :
Boston, 1st September, 1772.
Sir: — I received your letter dated 22d
July, with three depositions enclosed. I de
ferred answering it till I had seen and exam
ined Aaron, the black indented servant, who
says he was in one of the boats that boarded
and burnt the Gaspee ; and it is clear to me
from many corroborating circumstances, that
he is no impostor. Sorry I am that no re
gard can be had to his information in your
opinion. In my opinion, the depositions your
Excellency sent me prove nothing that con
futes 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 ser
vant ; therefore, as Captain Linzee has done
nothing but by my orders, I have bailed him,
and will keep the fellow. I did intend send
ing 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 Ma
jesty's good subjects at Rhode Island to him
and his ministers, and am, sir, your most obe
dient and humble servant,
J. MONTAGU.
Governor Wanton.
Here ended the proceedings of the colony
and the English Admiral in relation to this
subject. Soon after the following papers ar
rived in this country from the government at
home:
[L. S.l GEORGE R.
By the KING.
A PROCLAMATION:
For the discovering and apprehending the per
sons who plundered and burnt the Gaspee
schooner, and barbarously wounded and ill-
treated Lieutenant William Duddingston,
commander of the said schooner.
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 Plan
tations, 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 call
ed the Gaspee schooner, then lying at single
anchor in the said, river, commanded by our
Lieutenant William Duddingston, under the
orders of our rear Admiral John Montagu, and
having dangerously wounded and barba
rously treated the said William Duddingston,
took, plundered, and burnt the said schooner :
We, to the intent that said outrageous and
heinous offenders may be discovered, and
brought to condign punishment, have thought
fit, with the advice of our Privy Council, to
issue this our royal proclamation. And we

are hereby graciously pleased to promise,
that if any person or persons shall discover
any other person or persons concerned in
the said daring and heinous offences above-
mentioned, so that he or they may be appre
hended andbrought to justice, such discoverer
shall have and receive, as a reward for such
discovery, upon conviction of each of the said
offenders, the sum of five hundred pounds.
And if any person or persons Ehall discover
either of the said persons who acted as, or
called themselves, or were called by their
said accomplices, the head sheriff'or the cap
tain, 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 apprehend
ing 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 Duddings
ton, shall discover any one or more of the said
accomplices, so that he or they may be ap
prehended and brought to punishment, such
discoverer shall have and receive the said re
ward or rewards of five hundred pounds or
one thousand pounds as thecase may be : and
also our gracious pardon for his said offence:
And the commissioners for executing the of
fice of Treasurer of our Exchequer, are here
by 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 oth
er our loving subjects that they do use their
utmost diligence, in their several places and
capacities, to find out, discover, and appre
hend the said offenders, in order to their be
ing brought to justice. And we do hereby
command that this our Proclamation be print
ed and published, in the usual form, and af
fixed 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.
God save the King.
George the Third, by the Grace of God,
of Great Britain, France and Ireland, King,
Defender of the Faith, &c, To our trusty
and well beloved Joseph Wanton, Esquire,
Governor of our Colony, called the English
Colony of Rhode Island and Providence
Plantations, in New England in America ;
our trusty and well beloved James Horse-
mander, Esquire, our Chief Justice of our
province of New York ; our trusty and well-
beloved Frederick Smythe, Esquire, our
Chief Justice of our Province of New Jersey;

21

our trustv and well beloved Peter Oliver,
Esquire, Chief Justice of our Province of
Massachusetts Bay in New England; and our
trusty and well beloved Robert Auchmuty,
Esq., our Judge of our Vice Admiralty Court
established at Boston, with jurisdiction in all
causes arising within the limits of our Colo
nies of New Hampshire, Massachusetts Bay,
Rhode Island and Connecticutt :
Greeting.
Whereas, our armed schooner, called the
Gaspee schooner, commanded by Lieutenant
William Duddingston, under the orders of
Rear Admiral Montagu, was stationed in
Providence or Narragansett river, in or near
to our Colony of Rhode Island and Provi
dence Plantations in New England, the said
Lieutenant William Duddingston having
proper commission and authority to seize to
our use such prohibited and unaccustomed
goods, as he should find carried in and on
board any ship, bottom, boat or other vessels
contrary to law, whereby tlie same is for
feited. And, whereas, we have been informed
that very many ill disposed persons have
dared, from time to time, in defiance of our
laws and authority, to insult and otherwise
hinder the said Lieutenant William Dud
dingston, in the performance of his duty, and
their boldness in that respect grew to so des
perate an height, that on or about the tenth
day of June last, great multitudes of people
were assembled in our town of Newport and
places adjacent in our said colony, by beat
of drum, armed with guns and other offensive
weapons, and led on by two persons, whom
they called the head sheriff and the cap
tain, and so proceeded in warlike manner,
with armed boats to attack our said schoo
ner, and having traitorously wounded the
said Lieutenant, overpowered the crew, took,
Elundered and burnt our said vessel : We
eing desirous to be perfectly informed how
so daring an attempt could be concerted,
prepared and carried into execution in the
chief town of our said colony, the residence
of the Governor and principal magistrates
thereof, not only for the purpose of bringing
the said offenders and their maintainers, aid
ers and abettors, to condign punishment, but
also to the end, that fit and speedy order may
be taken for securing the future peace, obe
dience, and well government of our said col
ony ; and placing much confidence in your
wisdom, diligence, loyalty, and integrity, do,
by these presents, appoint you, the said Jo
seph Wanton, Daniel Horsemander, Frede
rick Smythe, Peter Oliver, and Robert Auch
muty, our commissioners to inquire into and
report to us a full and true account of all the
circumstances relative to the attacking, tak
ing and plundering and burning our said
schooner, and to the assembling, arming
training, and leading the people concerned
therein, and to the concerting and preparing
the said attack, and of all other insults and

obstructions which have been given to the
said Lieutenant Duddingston, or to our ser
vice in general in our said Colony of Rhode
Island and Providence Plantations, and of
the causes which have occasioned so daring a
violation of our laws and authority, and also to
inquire and report what measures have been
taken or used by the magistrates of our said
Colony and other our good subjects therein
respecting the same. And for the better ex
ecution of our royal will and pleasure there
in, we do hereby give unto you, the said Jo
seph Wanton, Daniel Horsemander, Frede
rick Smythe, Peter Oliver, and Robert Auch
muty, or any three of you, full power and au
thority to receive all such informations and
advertisments as shall be brought unto you
by or from any of our loving subjects or oth
ers, touching the premises ; and, also, to in
quire, by the examination of witnesses on
oath, which oath we do hereby give you or
any of you full power, warrant and authority
to administer, or by such other ways and
means as you, or any three of you, shall, in
your discretion, think fit, into the premises or
any of them ; and we do further give you, or
any three of you, full power and authority to
send for such persons, papers, and records as
shall be useful to you for the better carrying
on the service hereby intended, willing and
requiring you, the said Governor, the Deputy
Governor, and all other our magistrates, of
ficers, and loving subjects within the said
Colony, to be in all things helpful, aiding
and assisting to you, and every of you,
in the execution of this our royal commission.
And we do further strictly charge and com
mand you, and every of you, that, in the exe
cution and performance of the powers and
authorities to you hereby given, you and ev
ery 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 our
self at Westminster, the second day of Sep
tember, in the twelfth year of our reign.
By the King himself,
YORKE.
GEORGE R.
[L.S.]
Instructions to our trusty and well beloved
Joseph Wanton, Daniel Horsmander, Frede
rick Smythe, Peter Oliver and Robert Auch- ,
muty, Esquires, our Commissioners for en
quiring into the circumstances relative to the
attacking, plundering and burning our armed
schooner, called the Gaspee schooner, within
our Colony of Rhode Island in America, on
the tenth day of June last, and into the
causes thereof, and of the violences and in
sults offered upon that occasion to our offi
cers employed in our service : Given at our
Court at St. James, the fourth clay of Sep-

22

tember, 1772, in the twelfth year of our
reign. Article 1st. With these our instructions
you will receive our commission under our
great seal of Great Britain constituting and
appointing you our commissioners for enquir
ing into and making report to us of all the
circumstances relative to the attacking, plun
dering and burning the Gaspee schooner on
the tenth of June last in the Narragansett
river, within our Colony of Rhode Island, and
to the assembling, arming, and leading on the
persons who made the said attack, and to the
concerting and preparing the same ; to
gether with all such other powers and au
thorities as are judged necessary for that
purpose : You are therefore to take upon you
the execution of the trust reposed in you,
and so soon as three or more of you shall
have been assembled at Newport, within our
said Colony of Rhode Island, you are to
cause our said commission to be read and
published in such manner and form, and with
such solemnity as are due to the authority
from which it proceeds, and the important oc
casion which it is issued, using your own dis
cretions as to all such other times and places
of your meetings, according to what shall ap
pear to you, or the major part of you, to be
most fit and proper.
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 at
tacking, 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 as
sembling, arming, and leading on the per
sons 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 perpe
trators 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 ob
jects of inquiry, and likewise to order all in
formations, depositions and examinations,
which may have been taken and made in
writing, touching those matters or authentic
copies thereof, to be laid before you, and to
make a report to us, by one of our principal
Secretaries of State, of all your proceedings
and of what shall appear to you respecting
the conduct of the magistrates and people of
Rhode Island on that occasion.
Art. 3d. And, whereas, the civil magis
trates and officers within our said Colony of
Rhode Island, are entrusted with the power
and authority to arrest and commit to custody
such ofthe persons concerned in the plunder
ing and destroying the Gaspee schooner, and
in the inhuman treatment of our officer who
commanded her, against whom any informa

tion shall lay, taken in order to the said of
fenders being sent to England to be tried for
that offence ; it is therefore our will and
pleasure that you do, from time to time, com
municate to the said civil officers and magis
trates, such informations as you shall be able
to collect touching the persons concerned in
that daring attack upon our authority and
commission, to the end that they may be ac
cordingly arrested and delivered to the cus- "|
tody of the commander-in-chief of our ships t
and vessels in North America, pursuant to \
such directions as we have thought fit to give
for that purpose.
Art. 4th. And whereas it is of importance
with regard to the mode of proceeding
against the said offenders that they should
be exactly informed of the place where the
offence -was committed, It -will therefore be
your duty to take care in all your proceed
ings 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 rea
son to apprehend, from the outrages which
have been committed within our said colony
of Rhode Island, by numbers of lawless per-
.sons, that insults maybe offered to you ; It is
therefore our will and pleasure that if any
jflisturbance shall arise with a view to ob
struct you in the execution of your duty, and
any violence should in consequence thereof
bo 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.
G. R.
These papers were transmitted to Admi
ral Montagu, and sent by him to Gov. Wan
ton, by express :
Boston, 11th December, 1772.
Sir : — Last night an express arrived with S
despatches from the Right Honorable my ^-
Lords Commissioners of the Admiralty, by "*
which came under cover to me, the packet
I send to you herewith. As it may be of great
consequence, 1 have thought proper to charge
Mr. Montagu, one of my Lieutenants, with it.
In my despatches from their Lordships I

23

am directed to repair to Rhode Island to as
sist you, and the rest of the gentlemen in the
commission, which I shall do as soon as you
inform me that you are ready, with the com
missioners, to proceed to business and deliv
er the commission, and the King's instructions
to you. In the meantime, Captain Keeler,
in his Majesty's ship Mercury, has my or
ders to assist you and receive any prisoners
or persons you may send him. Permit me
to say, I should think it advisable to have
the persons apprehended that I sent you an
account of some months ago, which the in
dented mulatto informed and has sworn
against. The mulatto remains on board
with the Captain, and shall be ready to at
tend 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-ope
rate with you in every thing for the King's
service. I have the honor to be, sir, your most obe
dient humble servant. J. MONTAGU.
Gov. Wanton.
P. S. — I must beg leave to recommend to
you, as first in the commission, to appoint a
time for the first meeting, and to give notice
to the other gentlemen named in the com
mission and me, and that you will make the
time as short as you can consistent with pro
per notice, for particular reasons.
This led to the following correspondence
before the opening ofthe session ofthe com
missioners : Newport, December 14, 1772.
Sir : — I am favored with yours by Mr.
Montagu, together with despatches from the
Right Honorable the Earl of Dartmouth, re
specting the destruction of the Gaspee. I
shall appoint a time for meeting the com
missioners authorised to inquire into the cir
cumstances of that transaction, as soon as
may be, and give you the earliest intelligence
thereof, in conformity to his Majesty's orders.
His Majesty's proclamation I shall cause to
be printed without delay, and sent into the
several towns within the Colony.
I am your most humble servant,
J. WANTON.
Honorable J. Montagu.
Newport, December, 14, 1772.
Sir: By express from Admiral Montagu
I have this moment received a letter from the
Earl of Dartmouth, advising of your being
one ofthe commissioners for inquiring into
the circumstances of burning the schooner
Gaspee. I have thought proper to give you
this information, and that I shall fix upon a

time for meeting the commissioners, and give
you and the other , gentlemen named in the
commission, notice thereof without delay. ,
I am, with real regard, sir, your most obe

dient servant,

J. WANTON.

The Honorable Peter Oliver, Esq.
Roxbury, December 11, 1772.
Sir. — I embrace this opportunity of ac
quainting you that I have received his Maj
esty's orders to attend you and other gentle
men commissioners for examining into the
business and plundering the schooner Gas
pee. In obedience to which, I shall on no
tice, with all convenient despatch, attend you
on that affair. I shall be glad to know when
you think the gentlemen can be got together,
and am, with great respect,
Your Honor's most obedient servant,
ROBERT AUCHMUTY.
To Gov. Wanton. Newport, December 14, 1772.
Sir : — I have received your favor by Mr.
Montagu. I shall fix upon a time for meet
ing the commissioners appointed to inquire
into the circumstances of destroying the Gas
pee schooner, and give you and the other
gentlemen mentioned in the commission the
earliest intelligence thereof.
I am, with esteem, your most obedient ser
vant, J. WANTON.
Hon. Robert Auchmuty. December 24, 1772.
Sir : — When I receivedthe Earl of Dart
mouth's letter of the 4th of September, and
in consequence thereof wrote you on the 14th
inst, I was preparing to set out for the As
sembly, who were adjourned to meet that
day at Providence, and therefore I had not
then time to attend so maturely to his Lord
ship's letter as its importance required. The
letter I received from Admiral Montagu, by
the same express which brought me the des
patches from Lord Dartmouth, induced me to
suppose I was authorized to appoint a time
for the first meeting of the commissioners ;
but as Lord Dartmouth has signified to me
that my associates in the commission are di
rected to repair to Newport, and by a vessel
this day from New York, I am informed that
the Chief Justice of that Province and the
Chief Justice of New Jersey have engaged
their passages, and will be here some time
next week. I thought it proper to give you
this information, and that I am ready to meet
you agreeably to the royal instructions, when
ever it may suit your convenience to attend.
As soon as a quorum can be got together, I
shall, without loss of time, notify Admiral
Montagu,' in obedience to the King's com
mand. I am, sir, your most humble servant,
J. WANTON.
Circular to the Judges Oliver and Auch
muty.

24

Newport, Dec. 22, 1772.
Sir:— In obedience to the King's com
mand signified to me by the Right Honora
ble the Earl of Dartmouth, one of his prin
cipal Secretaries of State, I have caused to
be printed his Majesty's proclamation for dis
covering and apprehending the persons who
plundered and burnt the Gaspee schooner,
copies of which I send you by express, which
you are forthwith to affix in the most public
places of the several towns within your
county. I am, sir, your humble servant,
J. WANTON.
Circular to the Sheriffs of the several
towns. December 24, 1772.
Sir: — By a vessel this day from New York,
I am informed that the Judges Horsemander
and Smythe, have engaged their passages
in the sloop Lydia, John Freebody, master,
and will probably be here in about a week.
I give you this information for your govern
ment. I am, sir, your most obedient servant,
J. WANTON.
Admiral Montagu.
Boston, 28th December, 1772.
Sir: — I am favored with your letter in
forming me the Judges Horsemander and
Smythe are expected at Rhode Island in the
course of the week. If you will be pleased
to inform me when you are ready to receive
his Majesty's commission. I will take care
to have it delivered agreeable to my instruc
tions. I shall be glad to know whether you in
tend to proceed to business, or adjourn to
any particular time, that I may conduct my
self relative to his Majesty's service here, ac
cordingly. I am, sir, your most obedient humble ser
vant, J. MONTAGU.
His Honor Gov. Wanton.
Newport, Jan. 1, 1773.
Sir : — The Judges Horsemander and
Smythe arrived here last evening from New
York, and are ready to proceed immediately
upon business. A number sufficient to con
stitute a quorum are now assembled at New
port waiting to receive from you the royal
commission and instructions, of which I have
thought it proper to give you this informa
tion by express.
I shall be glad to wait on you at Newport,
and am, sir, your most obedient and humble
servant, J. WANTON.
Admiral Montagu. Newport, January 1, 1773.
Sir: — The Judges Horsemander and
Smythe arrived last evening from New York.
This will be delivered you by express I send

to the Admiral, and hope I shall have the
pleasure of waiting on you this week, if your
health will permit. My letter to Judge Oh
ver, you have, without doubt, sent him. I
am therefore in expectation of seeing him
every hour. I have only to add the compli
ments of the season, and am, sir,
Your humble servant,
J. WANTON.
Judge Auchmuty. Newport, January 4, 1773.
Sir: — The commissioners meet at 12
o'clockthis day at the Colony house, at which
time I expect the return of the express, when
it is probable it will be determined whether
it is proper to defer opening the commission
until the Admiral arrives. Your attendance
will be necessary. I am, yours, &c, *
J. WANTON.
Captain Keeler.
Boston, 2d January, 1773, >
at 3 o'clock afternoon. $
Sir : — I am this moment favored with your
letter by express, acquainting me the Judges
Horsemander and Smythe are arrived at
Newport and ready to proceed immediately
upon business, and are therefore ready to re
ceive his Majesty's royal commission, which,
by my instructions, I am to cause to be de
livered to them. I beg leave to inform you
that my Captain left this place yesterday
morning charged with the commission to be
given to Captain Keeler, the senior officer of
his Majesty's ships at Rhode Island, who has
my orders to wait on you and know your
pleasure, when he shall wait upon the com
missioners with it. He is also directed to give
the commissioners all the assistance in his
power, and to receive such persons, either
Erisoners or witnesses, as they shall send to
im. He has likewise my directions to in
form the commissioners that he has some on
board that can give information relative to
the burning the Gaspee, as well as of the
persons concerned in that affair, and he is di
rected to send them to the commissioners
whenever they are pleased to demand them.
As the season of the year does not admit of
my coming to Rhode Island with my flag,
and such ships as shall be necessary to as
sist the commissioners agreeable to my in
structions, 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 re
ceive 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, J. MONTAGU.
Gov. Wanton.

25

The commissioners met at the State House
in Newport on the fifth day of January, 1773.
Their proceedings from day to day are
minuted in their Journal :
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 Col
ony of Rhode Island and Providence Planta
tions in New England in America ; Daniel
Horsemander, 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 Bos
ton, with jurisdiction in all cases arising
within the limits of the Colonies of New
Hampshire, Massachusetts Bay, Rhode Is
land and Connecticut, commissioners ap
pointed for enquiring into and reporting to
his Majesty a full and true account of the
circumstances relative to the attacking, tak
ing, plundering and burning his Majesty's
armed schooner called the Gaspee, com
manded by Lieutenant William Duddings
ton, Esq., within the Colony of Rhode Is
land in America, on the 10th day of June,
A. D. 1772, and for other purposes therein
mentioned, at the Colony House at New
port, in Rhode Island, Tuesday the fifth day
of January, A. D. 1773, the above commis
sioners being present.
His Majesty's said royal commission, with
instructions to said commissioners under his
Majesty's signet and sign manual, were de
livered to the commissioners by Robert Kee
ler, Esq., commander of his Majesty's ship
Mercury, which said commission was public
ly read and proclaimed.
On the perusal of said instructions, the
commissioners conceived that the presence
of Rear Admiral Montagu, commander-in-
chief of his Majesty's ships and vessels em
ployed 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 Secre
taries ofthe commissioners, to Captain Sim
mons, to be by him immediately conveyed to
Admiral Montagu.
The commissioners then proceeded to take
the usual State oaths, which were adminis
tered first by Daniel Horsemander, Esq., to
Joseph Wanton, Esq., and afterwards by
him to the other commissioners. The com
missioners then appointed James Brenton
and James Clarke, Esqs., joint Secretaries,
who were accordingly sworn truly and faith
fully to execute the duties of their office.
The proceedings of said commission were
then adjourned till to-morrow at 11 o'clock,
then to meet at the Colony House aforesaid.
4

Wednesday, Jan. 6, 1773.
The commissioners met according to ad
journment. The commissioners determined that it was
necessary that an advertisement be publish
ed in the next Newport Mercury, giving no
tice that the said commissioners had assem
bled and were now daily sitting at the Colo
ny House, in Newport, for the purpose of
proceeding on and duly executing the said
commission, and that they are ready to re
ceive information relative to the attacking,
¦taking, plundering and burning the Gaspee
schooner on the 10th of June last, in conse
quence of which resolutions, the following
.advertisement was ordered to be published :
The public are hereby informed, that the
honorable the commissioners appointed un
der the great seal of Great Britain, for in
quiring into the circumstances of attacking,
plundering and burning his Majesty's schoo
ner Gaspee, under the command of Lieuten
ant Wm. Duddingston, on the 10th of June
last, are now convened and continue to set
every day, Sundays excepted, at the Colo
ny House, in Newport, in conformity to his
Majesty's instructions: Wherefore, all per
sons who can give any information to thff
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 forth
with to give information thereof to said com
missioners at the above mentioned place."
The proceedings on said commission were
then adjourned till to-morrow at 10 o'clock,
then to meet at the Colony House aforesaid.
Thursday January 7, 1773.
The commissioners met according to ad
journment. Present, Joseph Wanton, Esq., Frederick
Smythe, Esq., Peter Oliver Esq., Robert
Auchmuty, Esq.
Governor Wanton laid before the commis
sioners four letters which had passed be
tween him, Admiral Montagu and Lieutenant
Duddingston, 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 attack
ing and burning his Majesty's schooner Gas
pee, which were read and put on file. Sun
dry papers, letters,and depositions to the num
ber 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 Wan
ton to the commissioners, which were also
read and ordered on file. ^_,
Governor Wanton informed the commis
sioners, that Mr. Sessions, Deputy Governor '"*"*'
ofthe Colony, was in Newport and ready t(T*~-
attend the commissioners to give them ao~~.
account ofthe steps he had taken in order to —
discover the persons who destroyed his Maj— —
esty's schooner Gaspee. A message was

26

sent to Mr. Sessions requesting his attend
ance, who accordingly came before the com
missioners and was by them requested to
give in writing, upon oath, a full and particu
lar 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 with
out loss of time.
Stephen Hopkins, Esq., Chief Justice of
said Colony, also appeared before the com
missioners and assured them he was ready
and willing to aid and assist the commission
ers in the exercise of the power and autho
rity with which they are invested for dis
covering the persons who destroyed the Gas
pee schooner, &c. The commissioners then
requested Mr. Hopkins to give them in wri ¦
ting a full and particular account of all the
proceedings had and done by him for discov
ering and bringing to justice the persons who
ommitted the aforesaid offence, and also
what knowledge or information he had ob
tained ofthe assembling, arming, and lead
ing on the persons who perpetrated the
same, which he also promised to do without
loss of time.
The proceedings "on the commission were
then adjourned till to-morrow at ten o'clock
before noon, then to meet at the Colony
House aforesaid. Friday, January 8, 1773.
The commissioners met according to ad
journment. Present, Joseph Wanton, Esq., Daniel
Horsemander, Esq., Frederick Smythe, Esq.,
Peter Oliver, Esq., Robert Auchmuty, Esq.
Mr. Brenton, one ofthe Secretaries under
the present commission, was examined by
the commissioners touching the obstruction
to the execution ofa warrant issued by Met-
calf Bowler, Esq., on the 17th of July last,
in order to apprehend the negro Aaron, then
on board his Majesty's ship the Beaver,
which examination was reduced to writing,
sworn to before the commissioners, and or
dered to be filed.
The commissioners thought it advisable to
defer the examination of any ofthe witnesses
respecting the burning of the Gaspee, &c,
until the arrival of Admiral Montagu at New
port, or they receive an answer from him to
their letter written the 5th inst, and trans
mitted by Capt Symonds.
The proceedings on the commission then
adjourned till to-motrow at ten o'clock in the
forenoon, then to meet at the Colony House,
aforesaid. Saturday, January 9, 1773.
The commissioners met according to ad
journment. Present, Joseph Wanton, Esq., Daniel
Horsemander, Esq., Frederick Smythe, Esq,,
Peter Oliver, Esq., and Robert Auchmuty,
Esq. Darius Sessions, Deputy Governor of the
Colony of Rhode Island, attended the com

missioners with a declaration in writing con
taining a full and particular account of the
measures he had taken in order to make a^~
discovery of the persons concerned in the at- ~"
tacking and burning the Gaspee schooner, '"
which was read, sworn to, and ordered to be -^
filed. -
A letter was delivered to the commission
ers about 2 o'clock, P. M., then setting at the
Colony House, by express, in answer to their
letter of  forwarded by Capt. Sy
monds, which was read and ordered to be
filed. The commissioners immediately agreed
to an answer, which was written according
ly and sent off about 3 o'clock by the same
express. During the session of the commissioners,
various letters passed between them and Ad
miral Montagu. These will be given in the
order of time. Newport, January 5, 1773.
Sir: — We, his Majesty's commissioners
for enquiring into the attacking, burning, and
plundering his Majesty's schooner the Gas
pee, &c, being met at this place, in order to
prevent the delay of business, thought proper
to receive the royal commission and instruc
tions from Capt. Keeler, which, until yours
of the 2d inst, we concluded would have
been delivered by you. This day the com
mission was opened and published, and the
instructions carefully perused, in one of which
we find the following words : "To the end
that they may be accordingly arrested and
delivered to the custody of the commander-
in-chief of our ships and vessels in North
America, pursuant to such directions as we
have thought fit to give for that purpose." —
By virtue of these words, we conceive, that in
case any person or persons should be arrested
for the above mentioned crime, you are the
only person to whom such prisoners can reg
ularly be delivered for safe custody ; there
fore we think your attendance at Newport
is absolutely necessary. We are sorry to
give you this trouble, but our duty, as we
apprehend, obliges us to do it.
We are, sir, with great respect, your most
obedient and most humble servants.
Copy of letter forwarded to Admiral Mon
tagu by Capt. Symonds. Boston, 8th Jan., 1773, ?
1 o'clock P. M. \
Gentlemen: — I was last night favored
with your letter by Capt. Symonds, and as
you are so desirous of having me at Rhode
Island I shall, without you alter your opinions,
set out on Monday next. At the same time,
give me leave to observe to you, that my
coming at the time is attended with a great
delay to his Majesty's service here and at
Halifax, and can answer no purpose, as I
have fully and properly directed the com-

27

manding officer in that place in what man
ner he is to act relative to his assisting the
commissioners, and receiving the prisoners.
You say by your instructions you are di
rected to deliver to the custody of the com
mander-in-chief of his Majesty's ships and
vessels in North America, all such prisoners
as may be apprehended ; and therefore you
are of opinion that in that case, if any per
son or persons should be arrested for the
crime set forth in your commission, I am the
only person to whom such prisoners can reg
ularly be delivered for safe custody :
In answer to which I beg leave to refer
you to the sixth paragraph of my Lord Dart
mouth's letter to Governor Wanton, where
you will see, "The prisoners are to be deliv
ered to the care and custody of Rear Admi
ral 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 un
der my command as I shall judge proper,
and give all the aid and assistance in my
power for discovering and bringing to justice
the offenders. The winter season is so far
advanced as prevents my complying with
that part of my orders, as it is very improper
to move so large a ship as the Captain at
this time of the year, and without her it is
impossible for me to carry on the service.
I flatter myself there has been no delay of
business owing to my not coming with the
commission, for had I been there I should
have tendered it in the same manner I have
done, as by my instructions, I am directed,
when the commissioners are ready to receive
it, to cause it to be delivered to them.
I shall certainly set out on Monday next if
I can complete my business here, and be
ready to give you every assistance in my
power. I am, with respect, gentlemen, your most
obedient and most humble servant,
J. MONTAGU.
To his Majesty's Commissioners at Rhode
Island. Newport, Rhode Island, >
14th January, 1773. $
Gtntlemen : — At your request, although
at a very unseasonable time ofthe year, and
not in the manner I am directed by my in
structions from my Lords Commissioners of
the Admiralty, I am come to this place, and
have hoisted my flag on board the Lizzard.
I shall be glad therefore that you will in
form me what service I can render to you in
the. execution of your commission.
I flattered myself I had given Captain
Keeler (the senior officer of his Majesty's
ships here) such orders as would not have re
quired my attendance until I was able to
have come in a proper manner with the

ships under my command, and at a proper
season ofthe 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 sum
mons, 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, J. MONTAGU.
To His Majesty's commissioners at New
port. Lizzard, 16th January, 1773.
Gentlemen: — As I am informed there is
a ship bound to England, I shall embrace
the opportunity of writing to my Lords Com
missioners of the Admiralty, acquainting
them of my proceedings, as also of the im
probability of my remaining here, to assist
the commissioners, until I can come in a
proper manner, at a proper season of the
year. I shall be glad you will inform me, wheth
er you think the presence of Captain Dud
dingston is necessary, that I may apply to
their Lordships for his being sent out as soon
as convenient.
As the business of the naval department
is totally at a stand, and cannot be car
ried on without I had my ships here, I
propose returning to Boston on Wednes
day next, and shall, at a convenient time of
the year repair to this place again agreeable
to my instructions from their Lordships. 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 in
formation relative to the assembling the peo
ple concerned in burning the King's schoo
ner. I must beg your answer, as I cannot close
my letter to the Admiralty until I receive it.
I am, gentlemen, your most obedient hum
ble servant, J. MONTAGU.
His Majesty's commissioners assembled
at Newport.
John Andrew, 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 Dan
iel Hitchcock, Attorneys at Law in the town
of Providence; James Sabin Vintner, in the
town of Providence.
It is the desiire of Admiral Montagu that
the above named persons may be summoned
and examined before the commissioners re
lative to the assembling of people in the town
of Providence, in the evening of the 9th of
June last as a measure necessary towards

28

the discovery of the persons concerned in the
burning his Majesty's schooner the Gaspee.
J. MONTAGU.
Ccuncil Chamber, Newport, }
January, 16th, 1773. $
Sir: — Yours ofthe 14th instant we should
have answered yesterday, but the weather
was so extremely bad as to prevent the com
missioners meeting. You remark to us your
coming here at a very unseasonable time,
and not in the manner as you are directed
by your instructions, to which you are sensi
ble we are not utter strangers, nor was it our
intention in writing to you to infringe in the
least upon the same. As we have already
informed you how our instructions are word
ed, we omit a repetition of the same, but beg
leave to refer you to the last paragraph in
the commission, by which you will perceive
that we are expressly charged to conduct our
selves by such instructions as we should re
ceive under the signet and sign manual, and
agreeable to which we have acted.
We have no doubt but Capt. Keeler would
have punctually obeyed your orders. The
difficulty did not arise on that head, but from
a conviction ofthe irregularity of departing
from our instructions.
We shall be much obliged to you when
convenient, if you would attend us as aboard,
having some questions to ask you relative
to the information Lieutenant Duddingston
gave you concerning the burning and destroy
ing the Gaspee.
To the Honorable Admiral Montagu, com
mander-in-chief of His Majesty's ships, &c,
in North America. Council Chamber, Newport, >
January 16, 1773. $
Sir : — After repeatedly informing you of
our instructions, and also in our last of a cer
tain paragraph in our commission, copies of
both which you have, and our sense of the
same we submit the construction of your or
ders from the Lords commissioners of the
Admiralty entirely to you.
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.
Duddingston 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,
To the Honorable Admiral Montagu, com
mander-in-chief of his Majesty's ships in
North America. Newport, 19th January, 1773.
Gentlemen : — As an opportunity offers
for sending to England, I am willing to em
brace it, to inform my Lords commissioners
ot the Admiralty of my arrival and proceed
ings at this place. As you were pleased to

signify to me your intention of writing upon
the subject of adjourning your court, I shall
be glad to receive it as soon as possible, that
I may close my public letters, as I propose
leaving this place to-morrow morning.
I am, with respect, gentlemen, your most
obedient humble servant, J. MONTAGU.
His Majesty's commissioners, &c, &c,
at Newport. Council Chamber, Newport, J
January 19th, 1773. $
Sir: — In our last conversation with you,
you were pleased to inform us that by re
port Capt. Duddingston had made such de
clarations relative to his recollection of the
persons concerned in the destruction of the
Gaspee that his testimony would be very
material in our present inquiry, and from the
language of Mr. Duddingston's letter to you,
which you laid before us, we must be of the
same opinion, as it is our determined resolu
tion to do all in our power faithfully to exe
cute the commission his Majesty has thought
fit to honor us with ; we must request of you
to take such measures as you think proper to
get Capt. Duddingston to America, in order
that he may be examined.
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 de
partment 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 yes
terday informed you, must make an adjourn
ment of this board necessary. Indeed, with
out this difficulty, it is highly probable we
should find ourselves under a necessity of
adopting the same measure for the want of
Capt. Duddingston. 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.
P. S. — Though the time to which the com
missioners will adjourn is not absolutely
fixed, yet it seems to be their opinion that it
must be on or about the 26th of May next,
which they hope will be agreeable to you.
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 correspon
dence. During their session they examined
several witnesses, and held correspondence
with several others. These will now be giv
en in their proper order.

29

James Brenton, now residing in Newport,
in the Colony of Rhode Island in North Ame
rica, Esq., being of full age, duly sworn up
on the Holy Evangelists, deposes and saith,
that upon the seventeenth day of July last,
he was requested by the Hon. Joseph Wan
ton, Esq., Governor of the colony of Rhode
Island aforesaid, to attend Robert Lillibridge,
one of the deputy sheriffs in the county of
Newport in said colony, who was ordered
with a warrant from Metcalf Bowler, Esq.,
one ofthe Justices of Assize in said colony,
to repair on board his Majesty's ship the
Beaver, and. to make diligent search for one
Aaron, a mulatto lad, charged with being
concerned (with others unknown) in attack
ing and burning his Majesty's schooner the
Gaspee, on the tenth of June last, and upon
finding the said Aaron, to take him before
the said Metcalf Bowler, or some other law
ful authority, in order that the said Aaron
might be examined relative to the said trans
action, and be proceeded against accord
ing to law.
That this deponent, about one o'clock in
the afternoon of the said seventeenth day of
July, went with the said deputy sheriff from
said Newport, in order to go on board his
Majesty's ship the Beaver, then lying in the
harbor of Newport ; that when the boat in
which this deponent and the said deputy
sheriff were, came near the said ship, they
were forbid by the sentinel upon the ship's
gangway from going on board. This depo
nent 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 de
mand that Aaron, a mulatto lad, who was
charged with being concerned in the attack
ing 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 Lind
sey, 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. Lindsey
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. Lindsey, and acquainted him that he
came to attend the deputy sheriff with a
warrant, in order to demand of him, the said
Capt. Lindsey, 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 com
mand,) in order for his examination and com
mitment, and at the same time, this deponent
showed to the said Capt. Lindsey the said
warrant, and he was then and there request
ed to deliver up said mulatto in consequence

thereof; to which the said Capt. Lindsey
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. Lindsey, that he, this deponent, came
to wait upon the said Capt. Lindsey at the
particular request of Gov. Wanton, the chief
magistrate of said colony, in order to ex
plain to him, if necessary, the nature of the
warrant and the impropriety of Capt. Lind-
sey's conduct in withholding a man charged
with a capital crime from the civil power ; to
which Capt. Lindsey replied, that he knew
no civil authority in said colony; that in re-
gard to the Governor, he was a damned ras
cal, and that Admiral Montagu's power was
the only power he knew in America, and
without his orders he should not deliver the
said mulatto.
The deponent then asked him, the said
Capt. Lindsey, if he had any doubt about the
legality of the warrant, which this deponent
held in his hand ; to which Capt. Lindsey,
looking carelessly upon it, said, it might be
good for what he knew, but that he did not
regard it any more than if it was a piece of
blank paper.
This deponent further saith, that the depu
ty sheriff (who was with this deponent at
Jahleel Brenton's farm) did not go into the
house where Capt. Lindsey was, but waited
without doors, as Capt. Lindsey (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.
J. BRENTON.
Newport, January 8, 1773.
Sworn to before the commissioners,
J. Wanton, Fred. Smythe,
Dan. Horsemander, Peter Oliver,
Robt. Auchmuty.
Colony of Rhode Island, &c.
Be it remembered that at Newport in said
colony, on the ninth day of January in the
year of our Lord one thousand seven hundred
and seventy-three, before the commissioners
appointed by a commission under the great
seal of Great Britain, for inquiring into and
reporting unto his Majesty all the circum
stances of burning his Majesty's schooner
Gaspee, &c, on the tenth of June last, in
his proper person came and appeared the
Hon. Darius Sessions, Esq., of Providence,
and deputy governor ofthe colony aforesaid,
who being duly sworn upon the Holy Evan
gelists of Almighty God, testifieth and saith ;
that in the evening ofthe ninth of June last,
at about nine o'clock, he heard a drum beat
in the street opposite to his house. Soon af
ter he went to his window and looked out,
and saw the drum surrounded by a number
of boys at some distance from the house go-

30

ing up street ; in a short time afterwards he
heard the drum returning, whereupon he
went back to his window, where he remained
until it passed his' house, and, as the moon
shone very bright, he could plainly discover
they were only a company of boys, not ex
ceeding ten or twelve in number, two or three
of which appeared to be about thirteen or
fourteen years of age, the others about ten
or twelve; and concluding they were gath
ered together with no other design than to
divert themselves with the drum, he retired
from his window without saying anything to
the boys, soon after which the noise of the
drum ceased ; the remaining part of that
night he heard not the least noise or disturb
ance in the streets or in any other part of
the town, nor received any the least hint,
suggestion, intimation or information of any
riot, outrage or tumultuous assembling of the
people, nor intention thereof, neither did he
then know there was an armed vessel in the
river nearer than the town of Newport, which
is thirty miles from Providence ; had he
known or even suspected any riot, his utmost
endeavors would have been exerted in sup
pressing it. The next morning one of his
neighbors came and told him the Gaspee
was burnt and the captain wounded, and that
an express had arrived in town for a surgeon
to dress the wounds of the officer who lay
then at Pawtuxet, about five miles from Pro
vidence. Immediately upon hearing this
disagreeable news, he set out with a design
to examine into the affair, and when he reach
ed Pawtuxet he saw the schooner on fire,
lying on a point of land called and known
by the name of Namquit Point, about two
miles from Pawtuxet, in the town of Warwick,
in the county of Kent, and colony aforesaid.
He made inquiry if any of the offenders were
known, but could get no information ; he
then went to a small house by the shore,
where he heard Lieutenant Duddingston
was lodged, and there found him in danger
ous circumstances. He told Lieutenant Dud
dingston if he wanted money, surgeons, or
better lodgings, or any kind of assistance,
he should have every relief in his power.
Mr. Duddingston replied, that he had saved
his money, which was about one hundred
dollars, and therefore wanted no favors for
himself, but desired that some care might be
taken of his people, that they might be col
lected together and sent to the Admiral to
Boston, or on board the Beaver at Newport,
which the deponent promised he would do.
He then told Mr. Duddingston the design of
his visit at that time was not only to afford
him any assistance he might need, but also
to procure such a declaration from his own
mouth respecting the attack that had been
made on his person, and the vessel he com
manded, that the offenders might be brought
to justice. Mr. Duddingston answered, that
he would give him no account of the matter;
first, because of his indisposition of body, and

second, because it was his duty to forbear
anything of that nature until he had done it
unto a court martial, unto which, if he lived,
he would be called by his commanding offi
cer. The deponent then asked him if he
was willing he should examine his officers
and people, which, after some refusal, he
consented to, and they all agreeing nearly
to everything material relative to- the de
struction of the schooner, he forthwith trans
mitted copies of their examinations to the
Governor. The deponent then gave orders
that the seamen should be collected together
and provided with victuals and lodgings, and
that a boat should be got ready by the next
morning to carry them on board the Beaver,
all which was executed with care and ex
pedition. The deponent also gave orders
that the stores and remains should be col
lected and lodged in a ware house, which
was done, and soon after delivered to Capt
Lindsey, of the Beaver. He also desired a
gentlemen, who lived near Mr. Duddings
ton, to supply said Duddingston with any
thing he wanted, and also that he would
lodge and entertain any surgeons or others
who might come to visit him, and which the
deponent verily believes he verily complied
with. These expenses were recommended
by the deponent to the General Assembly,
who ordered payment out of the public trea
sury. 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 uni
versally 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 af
ter issued by the Governor, which was post
ed 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.
DARIUS SESSIONS.
N. B. — The words, "nor intention thereof,"
on the fifth line of the 2d page ; "and colony
aforesaid," in the eighteenth line of the same
page ; "which after some refusal he consent
ed to and they," in the 19th line of the 3d
page ; "relative to the destruction of the
schooner," in the 20th line of the same page,
were interlined before the above deposition
was signed and sworn to.
Sworn to, at Newport, this 9th day of Janu
ary, before us,
J. Wanton, Fred. Smythe,
Dan. Horsemander, Peter Oliver.
Robtt Auchmuty. Newport, January 11, 1773.
Gentlemen :— In obedience to his Majes
ty's commands, signified by Lord Dartmouth

31

to his Honor the Governor, dated Whitehall,
September 4th, 1772, which was laid before
die General Assembly, wherein his Lord
ship expressed his Majesty's dependence on
the care and vigilance of the civil magistrates
ef the colony to take the proper measures for
arresting and committing to custody, in or
der to their being brought to justice, such
persons as shall, upon proper information
Before them or before his Majesty's commis
sioners, appear to have been concerned in the
plundering and destroying his Majesty's
schooner Gaspee and dangerously wounding
and ill treating his Majesty,s officer who
commanded her, &c.
As a civil magistrate, and one of his Maj
esty's Justices of Assize in and throughout
the colony, impressed with a regard for the
dignity of the Crown, and the welfa-re of th«
colony, I now tender my assistance, when
ever 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 appre
hending any persons against whom informa
tion 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.
METCALF BOWLER.
The Honorable his Majesty's Commis
sioners. The examination on oath of Stephen Gul-
ley, before the honorable commissioners this
12th day of January, A. D. 1773.
Question. — What is your name and occu
pation ?
Answer. — Stephen Gulley is my name, and
a husbandman my occupation.
Q. — What age are you ?
A. — Aged 41 years.
Q. — Where is your place of abode?
A. — At Smithfield, in the county of Provi
dence, in the colony of Rhode Island.
Q. — Have you lately been on board any
of his Majesty's ships? What ship? How
long have you been on board ?
A. — That he has been on board his Maj
esty's ship the Lizzard ever since Tuesday
last, and that he went voluntarily on board
for his own personal safety.
Q. — What reason had you to suppose you
was unsafe ?
A. — On Monday night, the fifth inst., I went
into the public house at the ferry on Rhode
Island side, where he set down and called
for some drink, which they gave him ; he
then called for supper and had it ; afterwards
he rose from the table and sat down near the
fire-place, by the master of the house, when
a man, unknown to him, came and sat down

by his side. I asked where he was bound 5
he said to Newport ; the man told him he
would not get there ; he asked him for what
reason he thought so ; he replied, there were
about twenty armed men in the road, one of
them with two brass pistols, who, he said,
were come to take him alive or dead, to car
ry him back to Providence ; that he, said
man, went out into the other room ; the land
lord then spoke to the deponent and told him
he would give him a word of advice ; he said
there were about twenty armed men that
said they would have him, the deponent, and
that he did not know but they would tear his
house down if he stayed there ; he then
called his children and, he believes, his wife,
into the room, and gave them a strict charge
to tell the men if they inquired after this de
ponent, that he was gone out with the land
lord to talk together, and that this happened
about eight o'clock in the evening ; the land
lord then told him he would show him a way
where he might escape their hands, that they
might know nothing where he was gone.
The landlord then went with him about a
quarter of a mile, he thinks from said house,
in sight of a pond, and they then parted, the
landlord first directing him the road to New
port. Q. — What do you know relative to the at
tacking and burning the Gaspee schooner on
said 10th of June last?
A. — As to my own knowledge I know no
thing 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 Rams
dale, was in company with them before they
went off from Providence, but did not go
himself; upon which, this deponent went im
mediately 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 in
telligence about burning the Gaspee schoo
ner he would be a good friend to him; Rams
dale 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 re
venged upon the affair he was agoing upon

32

before he returned, and that he, tha 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 mention
ed 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 ask
ed him if there was three hundred ; he said
yes ; he then asked him if there was any
more ; he said y es, something upwards ; he
then parted with said Ramsdale, and this de
ponent 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 dis
cover him. STEPHEN GULLEY.
Newport, 12 January, 1773.
Sworn to before us,
/. Wanton, Fred. Smythe,
Dan. Horsemander, Peter Oliver,
Robt. Auchmuty.
Newport, ss
Colony of Rhode Island, >
January 13th 1773. $
Joseph Borden, of Portsmouth, in the
county of Newport, in the colony of Rhode
Island, &c, landholder, of lawful age, ap
peared before the honorable commissioners
for inquiring into the circumstances of burn
ing the Gaspee, &c, and being sworn upon
the Holy Evangelists of Almighty God, de-
poseth and saith : —
That some time in the beginning of last
week, a man came to his house in Ports
mouth, who called himself Stephen Gulley ;
he appeared to be in liquor, and requested
that he might have supper and lodgings,
which the deponent told him he might have ;
before supper he went from the deponent's
house in company with one Thomas Ayles
bury, and as they had both been noisy and
used very bad language, the deponent fast
ened the doors of his house, in order to keep
them out ; after some time this Stephen Gul
ley returned and knocked at the door, upon
which he let him in, and told him his supper
was ready in the back room ; and while he
was eating his supper Aylesbury returned,
and said to Gulley, my friend, I believe you
are upon some bad design, as I understood,
by your talk, you are going to Newport to
give information about burning the Gaspee ;
to which Gulley replied, that it was nobody's
business but his own ; then Aylesbury told
him he would not get to Newport, as there
were a number of Indians with brass pistols
in the road, who would take care of him ;
but this deponent in fact sayeth that he did
not know, neither has he any reason to be
lieve, there were any Indians in the road

leading to Newport, and the deponent sup
posed that Aylesbury told this story to Gul
ley with no other design but to frighten him.
After Aylesbury left the room Gulley asked
the deponent what he should do ; and as he
recollected Aylesbury was in liquor, and did
not know but there might be some disturb
ance between him and Gulley, he, the de
ponent, told Gulley there was a lower load
that he might go in, by which he might
avoid that which Aylesbury had told him the
Indians were in, and if he would pay his
reckoning he would go and direct him to
that road ; on which he asked the deponent
if he would not take a weapon with him ;
whereupon he replied that he should not
take a weapon with him, as he did not be
lieve any body would hurt him, the deponent,
or the said Gulley, and then immediately
proceeded to show him the road, by going
with him as far as his barn, which is about
twenty rods from the deponent's house, and
showed him a pond near to which was a
road, and directed him to take that road and
steer southward till he came into the main
road, which he would soon do. The depo
nent 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 Gul
ley he believed he was upon some bad de
sign, he heard a person reading the King's
proclamation for discovering the persons who
burnt the Gaspee. schooner, upon which Gul
ley said it was a fine reward, and he intend
ed to have it ; and the deponent believes that
Aylesbury was then in the room, and further
this deponent saith not.
JOSEPH BORDEN.
Sworn to at Newport the day and year be
fore written, before us,
J. Wanton, Fred. Smythe,
Dan. Horsemander, Peter Oliver.
Robert Auchmuty,
The examination of Aaron, a mulatto, up
on oath, taken this 14th day of January, A.
D. 1773.
Aaron Briggs, aged eighteen years or
thereabout, declares, that at the age of five
years he was bound by the town of Ports
mouth, an apprentice to Capt. Samuel Tomp
kins, of Prudence island, until he should ar
rive at the age of twenty-four years ; from
which time, until he went on board the man-
of-war, he was constantly in the service of
the said Capt. Tompkins, as a laborer on his
farm ; that his master kept a two mast boat
to transport his farm produce to market,
which was the only sail boat within five
miles of his master's farm at the time the
Gaspee was burnt; that at that time one
Remington, who lived about one mile from
where the deponent lived, had a row boat

33

large enough for six hands to row ; also one
Ephraim Peirce, at about a mile and a half
distance, had a two mast boat, and that the
sails of his master's boat had been taken off
his master's boat some time before the night
on which the Gaspee was burnt, and she
leaked in such a manner that she could not
sail ; that a little after sunset, on the night
on which the Gaspee was burnt, he left the
island of Prudence, but does not know the
day ofthe week, or the day ofthe month; that
he went off the island in a little fishing boat
of two oars, which boat lay just before the
house; that before sunrise, and about an
hour after daybreak, he returned to his mas
ter's house from the shore where they land
ed the people belonging to the Gaspee, which
shore was about a mile above said Gaspee,
and the Gaspee about six miles from his mas
ter's house, and that it was about four or five
miles from his master's to the place where
they landed the Gaspee people ; that he
found the oars in the boat that he went off
said island in ; that the reason he went off
the island, was to carry the boat round to the
east side of said island, to carry a man named
Samuel Faulkner, a hired man, to Bristol the
next night, and that this young man told the
deponent that he would ask his master's leave
for that purpose ; that goina- round said is
land, at about half a mile from said shore of
said island, he met a boat and one Potter,
whose Christian name he does not know, and
whom he, in company with Faulkner ahove-
named, had once seen on a wharf at Bristol,
and there heard him called by the name of
Potter ; and further says, that said Faulkner
told him that that was the person who owned
the ropewalk at Bristol which they had been
in ; that when he met said Potter, as above-
mentioned, he was in a boat which was row
ing with eight oars ; that the time he met the
said Potter was about half an hour after he,
this deponent, left the island, and he, said
Potter, was about five miles from Bristol ;
that there were eleven men in said boat, said
Potter was in the stern sheets; that the
weather was cloudy; that when Potter hailed
him they were aboutfifteen rods distant; the
first words Potter spoke was by asking who
was in that boat ; the deponent answered, he
was in there ; Potter told him to come that
way, he wanted to speak to him ; upon which
he went to him, and Potter told him he want
ed this deponent to go up with him about a
mile, that he would be back in an hour ; this
deponent said he could not, he was in a hur
ry to go home ; to which Potter replied, he
must go with him ; the deponent answered,
he could not, he must go home, or his mas
ter would punish him, and this deponent then
began to row away ; Potter told him he want
ed this deponent to go with him to fetch some
thing down which this deponent had forgot,
and that he would payhim for so doing ; this
deponent said he had rather go home, for il
his master should miss him he would say he
5

was out all night, and flog him ; upon which
Potter said, there is no can't in the matter,
you must go along with me, we shall be back
in an hour; and further said, give me your
painter, you need not row, we will carry you
up there; upon which this deponent gave
them the painter ; that he, this deponent, be
ing in his own boat, was rowed up by Pot
ter's boat till they came within half a mile of
the schooner; Potter then said to this depo
nent, get into my boat : that he got into the
boat ; Potter then told him they were going
to burn the man-of-war schooner, and that
he, this deponent, must go with him; to
which i e replied, that it was hard for him to
be brought, there, where he might lose his
life; Potter then said they were all upon their
lives ; this deponent still repeated, it was
hard for him to go ; but Potter said he must
go now he was there ; that they would give
him a weapon, and he must do as they did,
knock them down, and not let them kill him if
he could help it, and gave him a handspike ;
the rest were armed some with cutlasses,
some with muskets ; this happened at about
ten o'clock at night ; Potter further told this
deponent that they expected 16 or 17 more
boats from Providence ; in about an hour af
terwards they met eight boats about half a
mile from the schooner, which appeared to
be pretty full of people; upon their meeting,
Potter and two men, called Browns by the
people, whom this deponent did not know,
talked about how they should board the
schooner ; one of these persons called Brown,
got into Potter's boat, on which they were
hailed from the Gaspee and told to stand off';
upon which, Brown said row up ; immediately
after, he, this deponent, saw the captain of
the schooner come upon deck in his breeches,
and fired a pistol into one of the boats and
wounded one of the men in the thigh; that
he saw a man who was in the boat with Pot
ter, and who was called Brown, fire a mus
ket, which wounded the captain ; after which
there was no more firing, but they instantly
boarded the schooner; that the captain of
the schooner, when he was wounded, he
thinks, stood by the foreshrouds upon the left
hand side ; when they got on board there
were about four of the schooner's men on
deck, and the rest were coming up out of the
hold, and somebody said knock 'em down and
kill them, no matter what you do with them;
that this deponent did not know the Browns,
nor hear them called by their Christian
names, and further declares that it was John
Brown who shot the captain, and that he
hath never seen either ofthe Browns since;
that after they got possession of the vessel,
they took the hands belonging to the schoo
ner and threw them down the ho'it, and this
happened about 3 o'clock in '.r.e morning ;
then the people searched the vessel, took the
captain's papers, which he desired they would
give him : but . they refused, tqre.them.-aod
threw them overboard ,- then they took the

34

Gaspee's people, tied their hands, and put
them into the boat and carried them ashore,
this deponent going with them ; by the time
they got halfway ashore, the schooner was
on fire ; that before they went ashore, a doc
tor, whom they called Weeks, from one ofthe
boats, dressed the Captain's wounds; that
when they had landed the people, they un
tied their hands and let them go, and the
captain of the schooner they carried up to a
house ; after they had landed the men they
put off to return, and Potter told them he
would give him two dollars for what he had
done, which he accordingly did ; upon which
this deponent set off in his own boat and row
ed home; that it was about 4 o'clock when
they had landed the schooner's people; that
it was a moonlight night but sometimes
cloudy ; that soon after the people had board
ed the schooner, they hoisted the top sails,
her head laying up towards Providence, and
he saw nothing further done to her or her
sails ; that the schooner when they boarded
her was aground ; that the person who
acted as surgeon, he thinks he has seen at
his master's house, but is not sure it was the
same person. This deponent further says,
that the person to whom he first gave an ac
count of the above affair of burning the Gas
pee, was Capt. Lindsey, of the Beaver;
some time after the burning of the schooner
he went on board the Beaver in his master's
said boat ; that immediately upon his going
on board they put him in irons, because they
imagined he intended to run away from his
master ; it was about ten o'clock at night
when the deponent was put in irons, and was
released about ten o'clock the next day, and
then they were going to flog him ; after he
was tied up to the mast, one of the Gaspee's
men, called Paddy Alis, jumped up and told
the captain that he thought that he, this de
ponent, was one that was aboard the schoo
ner Gaspee. At this time the deponent had
said nothing about the burning of the schoo
ner, 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 men
tion made of any other clothes. The next
day Paddy Alis and the deponent were call
ed up before the captain, who asked the
Paddy if he was sure that this deponent waB
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 cap
tain 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 de

ponent 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 re
ceived 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. Lindsey 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 ofthe
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
AARON X BRIGGS.
mark.
Sworn to this 14th day of January, A. D.
1773, at the Council Chamber in Newport,
before us,
J. Wanton, Fred. Smythe,
Dan. Horsemander, Peter Oliver.
Robert Auchmuty,
I, Rufus Greene, Jr., of East Greenwich, in
the colony of Rhode Island, mariner, depose
and say ; that some time in February last, I
was on board of and commanded the sloop
Fortune, lying at anchor in the Narragan
sett Bay, off North Kingstown, having a
quantity of rum on board, belonging to Na
thaniel Greene & Co., when one Dundass, an
officer of the schooner Gaspee, under the
command of Lieutenant Duddingston, came
on board and asked this deponent if he would
take any freight onboard; to which this de
ponent answered no ; he then ordered this
deponent to unlay the hatches ; and this de
ponent telling the said Dundass that said
hatches were unlaid, he then ordered him
into the cabin ; and being demanded by
what authority he thus did, replied, "If you do
not go into the cabin I'll let you know,'' draw
ing his sword; he then caught this deponent
by the collar, and pushed him into the cabin;
this deponent then came out of said cabin,
and went forward fo prevent the anchor's be
ing weighed ; he then clenched upon this
deponent again, thrust him into the cabin,
jammed the companion leaf upon his head,
knocked him down upon a chest in said cab
in, and confined him there for a considerable
time ; aftej' this deponent entreating the said

35

Dundass to let him free, he did so, and made
a seizure of the said vessel and cargo, (as
he said,) and put the letter "R" upon her
hatches; then towed said sloop to said
schooner (it being calm) with three boats.
This deponent being commanded aboard the
schooner aforesaid, obeyed ; went before said
Lieutenant Duddingston, and after some con
versation, was ordered from his presence and
confined in the gangway ; this deponent ask
ed said Duddingston if he had a commission
to seize, &c, to which said Duddingston an
swered that he had a good commission from
his Majesty, but showed none. The next
day this deponent was put on board another
vessel, a>nd further saith not.
RUFUS GREENE, Jr.
Kent. ss.
East Greenwich, Jan. Wth, 1773.
Personally appeared the above deponent,
Rufus Greene, Jr., and being cautioned to
speak the truth made solemn oath upon the
Evangelists of Almighty God, that the be
fore going narrative is true in all its parts.
Coram, HOPKINS COOKE,
Justice Peace.
I do hereby certify that the above depo
nent is of a respectable family, sober life,
and ought to be credited.
H. COOKE, Justice Peace.
The examination of Patrick Earls, taken
on oath this 16th of January, 1773.
Patrick Earls, of full age, a mariner, on
board his Majesty's ship the Lizzard, com
manded by Capt. Inglis, being duly sworn,
deposeth and saith; that he was a sailor on
board the Gaspee schooner ; on the 10th of
June last, when she was run aground on a
spit of land, that between one and two o'clock,
the captain called all hands on deck, and this
deponent coming up with the rest ofthe seat
men, when he saw a number of armed men
with two or three muskets and clubs ; that
he saw those persons break open the arm-
chest and furnish themselves with cutlasses ;
soon after this, this deponent was knocked
down with a club, and pitched into the hold,
and in about a quarter of an hour, was called
upon deck, where his arms were tied behind
him, and shoved into a boat, which, with
about six others, was lying alongside the
schooner; that as soon as the deck was
cleared of all the officers and sailors belong
ing to the Gaspee and put into the boats,
they were rowed to a small village toward
Providence, about three mile distant from the
schooner, where they were landed. This
depondnt further saith, that Lieutenant Dud
dingston was placed in the stern of the same
boat in which he, the deponent, came on
shore, and that he, in their passage to the
shore, contrived to unloose his arms, and
took an oar from a negro man, at the bow of
the boat, whom he verily believes to be the
negro Aaron, now on board the Lizzard, and
helped him to row the boat; and that, to the

best of his belief, it was about three or four
o'clock in the mrirning, when he, with the
captain and the others, were landed. This
deponent also saith, that he well remembers,
that while the persons were attacking the
sailors on board the schooner, he heard the
name of Potter mentioned ; that one of the
people said, "Potter, it is the best way to set
the men on shore, for that it was not their
fault, but the officers ;" to which a person,
then standing on the quarter deck, to whom
the above expression was directed, who was
a tall slim man, with a long sharp nose, in
light colored long clothes, his hair tied be
hind, who looked more like a shoreman than
a seaman, answered, "Let it be so." He al
so saith, that after he was landed, he saw
the boats return towards the schooner, and
in about half an hour after he saw the schoo
ner on fire, and the guns blowing off; that it
was cloudy and calm weather. And this de
ponent further saith, that on the morning af
ter the negro Aaron came on board the Bea
ver, at 8 o'clock, he saw him in irons in the
galley, and immediately recollected him as the
same person whom he assisted to row the
boat as above mentioned, but did not speak
to him, but directly told one John Johnson,
the boatswain of the schooner, that he well
knew the negro was one of the persons who
rowed the boat on shore with him ; that on
Ihe next day, Capt. Lindsey, commander ot
the Beaver, gave directions to his boatswain
to get some spun yarn to tie up the negro,
and give him two or three dozen, to find out
what he came on board for, or if he knew
anything concerning the burning the schoo
ner ; that he was stripped in order to be pun
ished, upon which the boatswain of the Gas
pee then called out, "one of the men knew
him to be one ofthe persons who rowed the
captain on shore, and was concerned in burn
ing the schooner ;" upon which the captain
asked which of the men knew him ; that he
"ailed out to this deponent, and asked him if
«ie knew any thing of the negro, and caution
ed him to be careful in his answers ; that the
negro was then ordered in irons again, and
the deponent called into the cabin and order
ed by the captain to describe the negro's
dress when on board the boat, which he did,
to wit : A spotted or checked handkerchief
round his head, a frock, a pair of long trow-
sers, no shoes, and his hair tied behind not
longer than an inch, or an inch and a half.
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 depo
nent 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

36

he landed, and that while rowing ashore he Ij am summoned ; which I am ready to make

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.
his
PATRICK -f- EARLS.
mark.
Sworn to at Newport on the 16th day of
January, A. D. 1773, before
J. Wanton, Fred. Smythe,
Dan. Horsemander, Peter Oliver.
Robert Auchmuty, Providence, Jan. 19, 1773.
Honorable Sir: — I received a citation,
signed by you and a number of other gentle
men, commanding my attendance at the
Colony House in Newport, on the twentieth
day of January instant, to tfive in evidence
to what I know relative to the attacking, tak
ing and plundering his Majesty's schooner
called the Gaspee, &c. ; in consequence of
which I now inform you, that I am a man of
seventy-four years of age, and very infirm,
and at the time said schooner was taken and
plundered, I was in my bed, and I knew
nothing of it until next day ; and as for my
not attending as commanded, I must plead
my age and infirmity in excuse.
From your most obedient friend and hum
ble servant, ARTHUR FENNER.
To the Honorable Joseph Wanton, Esq.
Providence, January 19th, 1773.
To the Honorable the Commissioners ap
pointed to enquire into the circumstances
reUtive to the destroying the schooner
Gaspee :
Gentlemen : — I now address you on ac
count ofa sum >ons I received from you, re
quiring my attendance at the Council Cham
ber 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 j-ftnd further, were
I to attend, I could give no information rela
tive to the assembling, arming, training and
leading on the people concerned in destroy
ing the, schooner Gaspee. On the 9th day of
June last at night I was employed at my
house attending company, which were John
Andrew, Esq., Judge of the court of Admi
ralty, John Cole, Esq., Mr. Hitchcock, and
George Brown, wio supped at my house
and stayed there untn ;wo ofthe clock in the
morning following; ami I have not any
knowledge relative to the matter on which I

oath to before any Justice of the Peace.
I am, sentlemen, most respectfully, your
most humble servant, JAMES SABIN.
East Greenwich, Jan. 19th, 20th, 1773.
May it please your Honors : — Late last
night I received a summons from Providence,
to appear at the Council Chamber in New
port before your honors, there to give evi
dence of what I knew concerning the burn
ing of the schooner Gaspee, and I should
have waited on your honors accordingly, but
as the Court of Common Pleas was then sit
ting in the county of Kent, and being concern
ed in several cases then pending in said court,
could not possibly attend according" to sum
mons, therefore hope you will excuse my not
attending. It has long been a custom for the
attorneys, upon the concluding evening of
filing pleas to the court, to meet together to
spend the evening ; that night the said schoo
ner was burnt happened to be the concluding
evening of filing pleas ; accordingly, the
Gent, of the bar, together with mysellj met
at the house of James Sabin, in Providence,
that being a public house of entertainment.
Some time after. I being there, heard a drum
heat ; I asked the reason of said drum beat
ing ; was answered by some one of the com
pany, that there was a number of boys met
together, they supposed, to divert themselves.
[ 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 per
son 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 obedi
ent and humble servant, G. BROWN.
East Greenwich, Jan. 20th, 1773.
May it please your Honors: — Late last
evening I received by the way of Provi
dence, a citation to appear before your
honors, at 11 o'clock this forenoon, to give
evidence of what I know relative to the
burning and destroying the schooner Gaspee.
As the Court of Common Pleas is now sit
ting here, and a number of clients depending
upon my assistance in their several cases, I
hope your honors will dispense with my at
tendance at the Council Chamber at the
time appointed. I am disposed to give your
honors all the information that has come to
my knowledge concerning the affair, which
is extremely small. The evening preceding
the burning of the Gaspee I spent at Mr.
James Sabins' Tavern, in company with sev
eral gentlemen ; about 7 or 8 o'clock, hearing
a noise in the street, I pulled back the shut
ters of one of the windows next the street,
and saw several people collected together,
but did not know any of them ; upon which,
I made inquiry of the gentlemen in the room

,37

i£$ey Jt^eny the occasion, ,and was ans.^g^d
by sbmeof'the company, but'by \yJioin I cap-
not particularly recollect, that he hoped they
'were not designed for mischief; to which I
replied, I believed not, if they were they
would not be so public;. Some tinie after
ward, a drum was beating along stree/; ; up
on which, I again opened tlie shutter, apd
saw three or four boys with a drum, an^ ho
other persons. And thisj may it please your
lionors, is all I know relative to this affair,
and which I am ready to make path to be
fore any of the civil authority in Providence,
to which place I shall return to-morro\y or
next day.
1 am, with all deference, your Honors most
obedient and most humble servant, JOIJN CQLE.
East GheeNwich, Jan. 20, 1773.
May it please your Honors: — Late last
night I had a citation from Providence to
appear before you this day "at 11 o'clock in
the forenoon, to give evidence with regard
to the burning the schooner Gaspee. ; and
as I detest all such open violations) qf the
law, should ljave been willing to have waited
upon your honors to let yqu know every
thing within the compass of my nowledge
relative to that matter, had not my engage
ments at Kent Court, in this place, abso
lutely forbid my attendance ; and therefore
hope your honors will pardon me on that ac
count ; but every thing I know touching that
matter I am ready to relate. It has been,
may it please your honors, a long custom in
this Colony, for the attorneys the concluding
of filing of pleas for court, to meet some
where together and spend the evening ; that
night the schooner was burnt happened to be
the concluding evening. We met at Mr.
Sabins', by ourselves, and about 8 o'clock I
went to the door, or, finally, kitchen, and saw
a number of people in the street, but paid no
attention to them, as that place was a place
of public resort. Some time after 9 o'clock
I heard a drum beat, and was asked by some
body in the room, what was the occasion of
the beating of that drum ; and it was an
swered by somebody, that it was beat by
some boys, which quieted all further inquiry
by me ; neither did I imagine that any thing
of that nature was about being perpetrated,
till after it was in fact done. This, may it
please your honors, is every thing that I
know, or has come to my knowledge, rela
tive to that transaction, and which I am wil
ling, on solemn oath, to state before any of
the civil authority in Providence, to which
place I shall in a day or two return.
I am your Honors most obedient humble
servant, D. HITCHCOCK.
Providence, Jan. 20, 1773.
Gtntlemen : — I this day received a sum
mons at 12 o'clock, requesting my attendance
at 11 o'clock this day, at the'Court flouse in

Ne>ypqrt, iii .orc|er tp give §vic|pnce before
your hraors to tn^t knowledge I -have re
futing to the burning and destroying his
Majesty's schooner c^led the Ga,spee,- and
to the assembling, arming, training and lead
ing thp people concerned thereifl. I should
have cheerfully obeyed said summon? h^d
my health permitted, but I have been con
fined for a week pasf; witji a swelling in my
hand, which hath rendered me unable to stir
out of doors ; but as soon as I am able, I
shall wait upon your honors, and inform you
all I know relating to that matter, which
your honors will judge just nothing at all to
the purpose.
I am, with great regard, your Honors most
obedient and most humble servant,
JOHN ANDREWS.
P. S. — I haye judged proper to inform your
honors of all particulars of knowledge I have
relating to the burning his Majesty's schoo
ner called the Gaspee, in the Narragansett
River. I was in Providence town the eve
ning before the mischief was done, and in
company with a number of gentlemen, I
heard a disturbance in the street, and in
quired 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 there
to, but went to bed, and nigh morning was
surprised with the news ofthe said schooner's
being burned and destroyed. I then wait
ed upon the Deputy Governor immediately,
and he, with me, repaired to the spot, where
we found Mr. Duddingston badly wound
ed, and the said schooner appeared at a dis
tance to be on fire,and burned down to the wa
ter ; and tlie Deputy Governor inquired of Mr.
Duddingston 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 mar
tial, where he expected his trial, but was
willing thathis people should declare all they
knew ofthe matter, and were sworn before
the Deputy Governor accordingly. I 
 Mr. Duddingston 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 sub
stance of the knowledge I have of the mat
ter, and which I am ready to swear to.
JOHN ANDREWS.
To the Honorable Commissioners.
Joseph Wanton, Esq., Governor of the
English Colony of Rhode Island, on oath
declares and says : That at an interview he
had with Lieutenant Duddingston, late ofthe
schooner Gaspee, he asked him whether he
had any authority from the commissioners
at Boston, or from Admiral Montagu; to
which he replied, he had not, but received his
authority from the Lords of the Admiralty,

38

and that he was come into the Colony of
Rhode Island by virtue of that power, and
no other whatever. The deponent then ask
ed how long it was probable he should con
tinue in the colony ? to which he answered.
at present he was in the colony, but how long
he should continue was uncertain. And this
deponent saith, that he does not remember
that he hath since that time seen the said
Lieutenant Duddingston.
On or about the 20thof March last, a com-
- plaint was transmitted to the deponent, by
the deputy governor of the colony, signed
by sundry persons residing in and near the
town of Providence, that an armed schooner
was cruising in the Narragansett Bay, inter
¦i rupting their legal commerce, by searching
> and unnecessarily detaining the freight boats,
&c, and therefore requested the deponent to
make such inquiry as was necessary for ob
taining information, whether the persons be
longing to said schooner were duly author
ized to exercise that power within the body
of the colony. Upon receiving the complaint,
the deponent conceived it was his duty, in
order to satisfy the complainants, and at the
same time to give the persons complained
of an opportunity of exculpating themselves
from the several charges and accusations
which were exhibited against them, to pur
sue such measures as were prudent and legal,
and thereupon wrote a letter to the com
manding officer of said schooner, advising
him of the information the deponent had re
ceived respecting his conduct and proceed
ings since his arrival within this colony, and
requesting that he would produce his com
mission and authority. This letter was an
swered by Lieutenant Duddingston, which,
not being satisfactory, the deponent wrote
him another letter, on the 23d of March ; in
consequence whereof, Lieutenant Duddings
ton 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 de
lay or interruption whatever. The deponent
took this opportunity to remonstrate to the
officer against the impropriety of Mr. Dud
dingston's proceedings, in sending a quanti
ty of rum he had seized in the county of
Kent, within this colony, for illegal importa
tion, to Boston for trial, it being, in the de
ponent's opinion, repugnant to an act of Par-
. liament 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. Duddingston, 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
Duddingston, and demand such satisfaction
as was adequate to the damage he had sus
tained, and if possible to avoid a law suit,
which, he said, he had been urged to com
mence ; after which, he was informed by said
Faulkner, that Lieutenant Duddingston had
paid him about fifteen dollars on account of
the above named trespass and waste, with
which he appeared satisfied.
On the 11th of June, the deponent received
from Darius Sessions, Esq., of Providence,
and deputy governor of the colony, an ac
count of the destruction of his Majesty's
schooner the Gaspee ; upon which, he imme
diately called together such of his Majesty's
council and members of the General Assem
bly as could be seasonably notified, and com
municated to them the disagreeable intelli
gence, who unanimously recommended a
proclamation, with a proper reward, for dis
covering the offenders, which was thereupon
issued, and sent into the several towns with
in the colony.
Admiral Montagu, on the 8th of July,
transmitted to the deponent the declaration
of a mulatto lad, called Aaron, impeaching
several persons therein named with being
concerned in burning the aforesaid schooner.
As this declaration was not made before any
of the civil authority, either in this or any oth
er 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 ofthe Superior Court to
issue his warrant for Aaron, that he might
be legally examined ; and as he was then in
in the care of Capt. Lindsey, wrote him a let
ter dated the 16th of July, (which letter ac
companied 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 Gas
pee ; but Capt. Lindsey 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. Lindsey 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 de
ponent to obtain it, through the unjustifiable
conduct ofthe said Capt. Lindsey.
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

39

of Aaron into the custody of the civil autho
rity, especially as the deponent had assured
Capt. Lindsey that after his examination he
should be returned on board the King's ship.
The deponent cited Mr. Samuel Thurs
ton 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 de
struction 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 testimo
nies, that Aaron was a runaway, and could
not, for the reasons given in their deposi
tions, have any knowledge of that transac
tion; 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 par
ticular account of all the knowledge he hath
of the destruction of the said schooner Gas
pee, and the measures which have been pur
sued for discovering the offenders.
J. WANTON.
Sworn to at Newport on the 25th day of
January, 1773, before
FRED. SMYTHE,
PETER OLIVER,
ROBT. AUCHMUTY.
The examination of Peter May, taken up
on oath this 19th day of January, A. D.
1773 :
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 after
noon, 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; that they got an anchor
out, and endeavored to get her off, but after
striving till sunset they desisted from any fur
ther attempts ; all but the watch, which con
sisted of three, were ordered by Lieutenant
Duddingston 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 wea
pons ; that this deponent was below at the
time the people boarded the schooner, and
when he came upon deck he saw Lieutenant
Duddingston discharge a pistol, but whether
it wounded any body he cannot tell ; imme
diately after, he saw a man in the bow of
one ofthe 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 depo
nent 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 doc
tors, 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 depo
nent further saith, that after they had taken
possession of the Gaspee, the hands belong
ing to the Gaspee were put into a boat and
rowed ashore at a place about a mile dis
tant, between 3 and 4 o'clock in the morning,
and that he saw the schooner on fire when
they were about half way to the shore, and
the fire began upon the quarter deck ; and
further this deponent saith not. his
PETER + MAY.
mark.
Sworn to this 19th day of January, A. D.
1773, at the Council Chamber in Newport,
before, J. Wanton, Fred. Smythe,
Dan. Horsemander, Peter Oliver.
Robt. Auchmuty,
While the commissioners were in session,
other officers of the colony were, by force of
circumstances, impelled to take certain evi
dence, and hold certain correspondence,
which, as the papers containing them were
before the commissioners, are here inserted :
Providence, January 15th, 1773.
Sir: — This forenoon came to my house
Capt. William Thayer, of Mendon, and in
formed me that he had been cited by the
honorable commissioners at Newport, to ap
pear before them this day and declare what
he knew relative to the destruction of the
Gaspee. He tells me he is near seventy
years of age, grievously afflicted with the
rheumatism, attended with many symptoms
of a paralysis, and that riding yesterday in
the cold, stormy weather, has revived and so
much increased his disorder, that he was un
able to proceed to Newport, but must en
deavor to return home as soon as possible :
Besides, he declared he knew nothing of the
affair for which he was summoned, and so
licited me very much to take his examina
tion and transmit it to the commissioners. I
at last yielded to his request, and have en
closed to your honors his deposition, which,

40

if you think proper, may be laid before the
commissioners. I have known Mr. Thayer
for many years past, and have always under
stood that he was a man of good character.
He says, if the gentlemen who cited him had
. any idea ofthe villany of the fellows who in
formed them, neither he nor any one else, he
believes, had been troubled by them.
And this evening, another person (one
Ramsdale) came to me, who said he also
was summoned to Newport upon some oc
casion, 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,
DARIUS SESSIONS.
Governor Wanton.
P. S. — Since I wrote the above, I received
a deposition from Greenwich, which I have
also enclosed to your honors.
Colony of Rhode Island, &c.
The examination of Capt. William Thay
er, 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 circumstan
ces relative to the attacking, taking, plunder
ing and burning his Majesty's schooner call
ed the Gaspee, and to the assembling, arm
ing, training, and leading on the people con
cerned 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 per
sons 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 ?
J.— 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. WILLIAM THAYER.
On the day arid year above said, Wi lliam
Thayer, the subscriber to the above exam
ination, made solemn oath to the truth of the
several answers annexed to the foregoing
interrogations, before DARIUS SESSIONS
Deputy Governor.
I, Daniel Vaughan, of Newport, in the col
ony of Rhode Island, being of lawful age, do
depose and say : That sometime in the sum
mer last past, being in a sloop taking out
some old iron from the wreck ofthe Gaspee,
and afterwards going down to Newport in
said sloop in company with Capt. Lindsey,
in his Majesty's ship the Beaver, one morn
ing, not far from the island of Prudence, I
saw a small boat alongside the Beaver, and
immediately told the people on board the
sloop, that somebody had gone on board the
Beaver that night ; A few days afterwards,
as the Beaver lay at Newport, near the fort,
I was ordered to haul the sloop I was in
alongside a schooner, which then lay along
side the Beaver, in order to take out some
sugar ; and going on board the Beaver, I
saw a mulatto fellow under the forecastle in
irons. I said unto him, "so you are one of the
rogues that have been burning the Gaspee ;"
he replied, "he never saw her, nor knew any
thing about her;" I then asked him what he
came there for ; he answered, "his master had
used him badly, and he was determined to
leave him." Two or three days afterwards,
being on board said schooner, I heard Capt.
Lindsey order said mulatto to be carried out
of the Beaver on board said schooner, and
then to be tied up to the mast and whipped ;
and after he was laid hold on, and they were
about to tie him up to the mast, he began to
declare he knew some of the people that
burnt the Gaspee, and that Simeon Potter,
John Brown and others, (whose names I have
forgot,) were concerned therein. Upon this
confession, he was released from a whip
ping, sent on board the Beaver, where I af
terwards saw him in irons on the quarter
deck. DANIEL VAUGHAN.
Providence, sc.
Providence, Jan. 16th, 1773.
Daniel Vaughan appeared in person and
made solemn oath to the truth of the forego
ing declaration, unto which he has subscribed
before DARIUS SESSION. '
Deputy Governor.
Providence, Jan. 18, 1773.
Sir :— In consequence of an application
made unto me in writing, signed by Barzillai
Richmond, Joseph Brown and John Brown
I summoned Daniel Vaughan and took his
deposition relative to what he knew respect-

41

ing the treatment of the mulatto Aaron on
board the Beaver, and I herewith inclose it
to your honor. 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 deposi
tion 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 io improve it in
any way you think it may promote truth and
justice. I am, sir, your humble servant,
DARIUS SESSIONS.
Gov. Wanton. Providence, Jan. 18th, 1773.
Sir: — Having been informed by a person
who came from Newport last Saturday, that
the mulatto had been examined, and that a
report prevailed that his evidence carried
many marks of truth with it, and as it is im
possible (as I think) that there can be a word
of truth in it, and as I look upon it my duty
to protect the innocent, as well as punish the
guilty, I thought it my duty to let your honor
know of some circumstances that may throw
some light on this affair. I took notice in the
mulatto's declaration of his having a red and
white handkerchief about his head at the time
he was on board the Gaspee, and when he
rowed the boat ashore. I suppose he was
told to relate this circumstance, that some of
the Gaspee's people might, with the greater
appearance of truth, swear to his being on
board the schooner that night. The day af
ter the Gaspee was destroyed, I examined
several of her people, viz : Bartholomew
Cheever, John Johnson, Wm. Caple, Joseph
Bowman, Patrick Whaler, Patrick Earls, and
Patrick Reynolds, who, although the ques
tions and answers were not set down in
writing, yet I can depose that they were put
verbal. The answers given by some of
them (the rest agreeing thereto) are as fol
loweth, viz:
Question. — Was the moon down ?
Answer. — Yes.
Q.— Was it dark ?
A.— Yes.
Q. — Was there any light on board of the
schooner when she was boarded by the boats?
A. — Yes; but it was immediately put out
before we got on deck.
Q. — Was there no other light afterwards
struck up?
A. — Not that they saw, though they believe
there was one lighted up in the cabin to dress
the Lieutenant's wounds.
Q. — Were the people who came on board
unmasked, or in disguise ?
A. — Some of them were either blacked or
negroes, but it was to dark we could not tell
which. The above questions put to any of the
Gaspee's people, who pretend to establish
the negro's evidence, by swearing to the
6

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 there
of, 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 guar
dian, 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 singu
lar favor to the young man and to his ac
quaintances here. If he remains in confine
ment 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 hum
ble servant, DARIUS SESSIONS.
Gov. Wanton.
The following rough draft ofa letter is filed
among the papers of the commissioners, and
is supposed to be the report of their proceed
ings up to their adjournment in January :
Newport, Rhodeisland, Jan. 21, 1773.
My Lord: — In obedience to his Majesty's
commands, signified to us by your Lordship's
letter ofthe 4 th of September last, we, with
the utmost dispatch in our power, repaired
to Newport, where, on the fifth day of Janu
ary inst, his Majesty's commission, under the
great seal of Great Britain, was delivered to
us in the Council Chamber at Newport by
Capt. Keeler, commander of his Majesty's
ship the Mercury, and the commanding offi
cer in the naval department at that place ;
upon which, we immediately ordered the
same to be publicly read and proclaimed,
which was accordingly done before a great
concourse of people, who, on the occasion,
behaved with great decency. This being
done, we proceeded, with all despatch in our
power, to business, and finding in the last
clause in our commission, that in the execu
tion and performance of the power and au
thority thereby given us, we are strictly
charged and commanded carefully to ob
serve and conform ourselves to such instruc
tions as we should receive in writing, under
the King's sign manual ; whereupon we ap
plied ourselves to the careful examination of
those instructions: in one of which are the
words, "to the end that they may according
ly be arrested and delivered to the custo,<Jjr

42

ofthe eommander-in-chief of our ships and
vessels in North America, pursuant to such
directions as we have thought fit to give for
that purpose." Being convinced that the
above charge given us by his Majesty in our
commission referring to the instructions under
the sign manual, could not be dispensed
with, we wrote to Rear Admiral Montagu
that we were fully of opinion that his attend
ance at Newport was necessary, in order if
there should appear evidence against any
person sufficient to arrest him upon, he must
be delivered to the Admiral according to our
instructions, from which we could not depart,
notwithstanding your lordship's letter of the
4th of September last to Gov. Wanton,
wherein you inform him "that such offenders
as may have been or shall be arrested and
committed within the colony of Rhode Is
land be delivered to the care and custody of
Rear Admiral Montagu, or the commander-
in-chief of his Majesty's ships in North Ame
rica for the time being, or to such officer as
he shall appoint to receive them." We here
beg leave to assure your lordship, that we
had not the least inclination to deviate from
your lordship's letter had not we been fully
convinced that the express words of our com
mission obliged us to do it. Several letters
passed between us and the Admiral on this
subject, wherein we explained to him the ne
cessity, according to our commission and in-
structions,of his being here in person. Though
we did not agree on this head, he thinking
that, according to his instructions and your
lordship's last mentioned Iette,r, his presence
was not at all necessary ; yet he was polite
enough to come to Newport on the 18th day
of the month, and meeting us at the Council
Chamber on the 18th inst., he informed us
that he believed from the information he had
received from others, Capt. Duddingston
would be able to make such declaration rela
tive to the business we are on, as would
prove very material, and at this inclement
season ofthe year it was impossible for him
properly to execute his orders from the Lords
commissioners of the Admiralty relative to
the business we are now upon. Also that
the other duties of his department at this
time absolutely required his attendance at
^Postoq, and therefore in a very few days he
must return. Taking all these matters into
consideration, and the extreme rigor ofthe
season,, which renders it almost impossible to
procure witnesses who are at any distance
from us without waiting a very unreasonable
time for them, we thought an adjournment
to May next necessary for his Majesty's ser
vice, and accordingly notified Admiral Mon
tagu that we should adjourn to on or about
the 26th of that month, when he will un
doubtedly be here. Copies of the letters
passing between the Admiral and us on these
subjects are herewith transmitted to your
Lordship. We have proceeded to examine such wit

nesses 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 im
possible at present to make a report, not hav
ing all the evidence we have reason to ex
pect. We therefore hope, for these rea
sons, that our omitting it will not be disa
greeable. In short, we have hitherto, my
Lord, exerted ourselves to our utmost abili
ties in the execution of the trust his Majes
ty has been pleased to honor us with, and
your Lordship may rely on our future en
deavors to discharge ourselves with that fi
delity 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 Admi
ralty in England despatched him speciaf
orders as follows :
By the commissioners for executing the of
fice of Lord High Admiral of Great Bri
tain and Ireland, &c.
Whereas you represented to us by your
letter of the 19th of January last from Rhode
Island, as the season of the year was so far
advanced as to render it hazardous for you
to proceed thither with the ships under your
command agreeable to our instructions of the
7th of September last, you had given Capt.
Keeler, of the Mercury, the senior officer of
the King's ships at that Island, to whom you
had before despatched his Majesty's com
mission for enquiring into the circumstances
relative to the burning of the Gaspee schoo
ner, orders to aid and assist the commission
ers therein named in the same manner as „
you should have done had you been there ; -
but, as the said commission expressly directs -
the prisoners to be delivered to you, the com- -
missioners did not choose to proceed tobusi- -
ness until your arrival; that, in consequence ¦
of receiving such information, you had pro
ceeded thither by land, and had hoisted your
flag on board the Lizzard ; and that the com
missioners had examined some few persons;
and whereas you further represented to us,
by your said letter, that, if your are obliged
to attend the commissioners at Rhode Is
land, the naval business at Halifax and Bos
ton will be greatly retarded, as it will be im
possible for you to attend to those and your
other duties, and have therefore desired, as
the senior officer of his Majesty's ships at
Rhode Island will, in your opinion, in every

43

respect, answer the purposes there as well
as yourself, that you may receive our direc
tions to remain at Boston with your flag, un
less there appears to be an absolute neces
sity for your being at Rhode Island ; and
whereas the Earl of Dartmouth, one of his
Majesty's principal1 secretaries of state, to
whom we sent an extract of so much of your
letter as related to this business, for his Maj
esty's information, hath, by his letter of the
20th instant, acquainted us that his Majesty
is pleased to approve that the execution of
his Majesty's orders respecting the service
at Rhode Island, should be entrusted to the
senior Captain of such of his ships of war as
may from time to time be stationed at that
colony. You are therefore hereby required
and directed to entrust the execution of his
Majesty's said orders to such senior captain
accordingly. Given under our hands the 26th of March,
1773. SANDWICH,J. BULLER,
LISBURNE.
By command of their Lordships :
Chas- Stephens.
To John Montagu, Esq., Rear Admiral of
the Blue and commander-in-chief of his Maj
esty's ships and vessels in North America, at
Boston. Previous to the reception of these orders,
the following letters passed between the com
missioners and the officers of the Navy sta
tioned in New England :
Boston, 24th May, 1773.
Gentlemen: — As I understood you are
soon to meet to proceed on business, I am to
inform you I have ordered to Capt Keeler,
of his Majesty's ship Mercury, William Dick
enson, late midshipman of the Gaspee, and
Bartholomew Cheever, one of her seamen,
two evidences sent out of England by the
Right Honorable the Lords Commissioners
of the Admiralty. As they were on board
when captain Duddingston was wounded,
these people (if the men called the head
sheriff and captain can be found) can swear
to their persons. You will be the best judg
es what use to make of them when they ap
pear before you.
I expect the Captain man-of-war will re
turn 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
every assistance in his power, and I doubt
not but that he will faithfully execute them.
I am, gentlemen, your most obedient hum
ble servant, J. MONTAGU.
Mercury, in Rhode Island V
Harbor, May 27, 1773. $
Sir :— Admiral Montagu finding the King's

commissioners meeting at Newport, he has
sent me an officer and one seamanj late be
longing to the Gaspee, and just arrived from
England, to give information of the persons
that "were concerned in the burning of said
schooner. Likewise a letter directed to his Majesty's
commissioners at Rhode Island, with direc
tions 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 yoii
choose to have the evidences on shore to be
examined. I am, sir, your most obedient humble ser
vant, J. KEELER.
To Hon. Joseph Wanton, Esq., President
of his Majesty's commission at Newport.
Rhode Island. Newport, May 27, 1773.
Sir: — Though there are three commis
sioners met at Newport, yet, as the other two
gentlemen are daily expected, it is thought
most conducive to his Majesty's service not
to proceed on business till they join us. At
which time we shall acquaint you, when the
witnesses you mention to us may be exam
ined, and Admiral Montagu's letter deliver
ed, and in the interim, are
Your most obedient humble servants,
J. WANTON.
PETER OLIVER,
ROBT. AUCHMUTY.
Capt. Robert Keeler.
Newport, May 31, 1773.
Sir: — The gentlemen commissioners are
now arrived from the southward ; therefore
we are ready to receive Admiral Montagu's
letter mentioned in yours of the 27thlnst, and
to-morrow morning shall also be ready to
take the depositions of those witnesses you
inform us are arrived from England. The
commissioners will attend such examination
to-morrow morning at ten o'clock, and are
your most obedient and humble servants,
J. WANTON,
PETER OLIVER,
ROBT. AUCHMUTY.
Capt. Robert Keeler.
Newport, June 2, 1773.
Sir: — Three ofthe commissioners met at
this place on the 26th ult., but as the gentle
men from the southward were not arrived
and daily expected, it was thought by those
present most conducive to his Majesty's ser
vice to delay entering on business till they
were joined by their brethren. Your not re
ceiving an answer sooner to your favor ofthe
24th of last month was owing to that reason;
The gentlemen being now on the spot, beg
leave to observe to you that the wifaesses you
mention have been examined, and that it will

44

be very agreeable to them to have the plea
sure of your company at Newport whenever
it will comport with his Majesty's service in
general, but at present see no immediate
occasion for your coming without your ships,
and are, with the greatest respect, sir,
Your most obedient humble servants,
To John Montagu, Esq.
Boston, 14th June, 1773.
Gentlemen : — In answer to your letter of
the 2d, which I received the 12th, I beg leave
to inform you that as the service will not ad
mit of my being at Rhode Island this sum
mer, I have sent orders to Capt. Keeler, of
his Majesty's ship Mercury, to render you
every service in his power in the execution
of your commission, agreeable to his Majes
ty's directions signified to me by my Lords
commissioners of the Admiralty by their or
der ofthe 26th of March 1773, a duplicate of
which I herewith inclose to you, and am
with respect, gentlemen,
Your most obedient, humble servant,
J. MONTAGU.
His Majesty's Commissioners at Rhode-
Island. The following evidence was submitted to
them at this session:
The examination of William Dickinson,
late midshipman of his Majesty's schooner
the Gaspee, taken on oath at Newport, in
the colony of Rhode Island, this first day of
June, A. D. 1773 : Who saith, that on the
tenth day of June, in the year one thousand
seven hundred and seventy-two, between the
hours of 12 and 1 in the morning, the said
schooner, then working in her dock upon
Namquit Point, about two miles below Paw
tuxet, and not able to get off; the watch be
ing on deck, as he supposed, gave the alarm
that a number of boats were coming down
the river; upon which Lif utenant Duddings
ton went on deck and hailed the boats, and
ordered them to keep off' or he would fire in
to them; but as they refused to keep off we
fired at them, and they returned the fire,
whereby Lieutenant Duddingston was wound
ed in the left arm, and in the groin ; they
then boarded us, and used us very ill, by
beating and knocking down the people, and
afterwards by tying them and throwing
them into their boats, the captain ofthe gang
swearing he would give no quarters. The
captain of the gang ordered Lieutenant Dud
dingston on his knees and to beg his life ; he
said he could not, he was wounded ; where
upon the said captain answered, "Damn your
bloodi you are shot by your own people •>'
they then took him Into thiTcabin, where two
men dressed his wounds, who, by their be*
havior, appeared to have some skill in sur
gery. And this examinate further saith, that
while Lieutenant Duddingston's wounds were
dressing, those two persons who assumed to
be the head sheriff and the captain, demand

ed the papers belonging to the vessel, which
he delivered by Lieutenant Duddingston's or
ders to them, consisting of the Lieutenant's
commission from the Lords of the Admiralty,
Admiral Montagu's instructions, letters, and
other papers; and upon his particularizing
those papers as he delivered them, they
damned him, and told him they did not come
there to receive any instructions from him,
but would examine the papers at their lei
sure, which they put into their pockets, and
then carried Lieutenant Duddingston on
shore about two miles from the schooner. —
The examinate after this continued on board
said schooner about three quarters of an
hour, and was told by the captain of the gang,
that unless he quitted the schooner he would
throw him overboard ; during this time they
continued plundering the schooner. The
examinate was landed in one of their boats
on the shore opposite to the schooner, where
he remained some time ; and that within an
hour after he was landed, he saw the said
schooner on fire, and it being then daylight,
he saw three of their boats put off from the
schooner full of men, oiie ot which landed
the people at Pawtuxet, and the other two
rowed towards Providence. This examinate
further saith, that the said schooner when
she was burnt lay about eight or ten miles,
to the best of his judgment, from the north end
ofthe island of Prudence, and that several
negroes were on board the said schooner, and
also rowed the boats which boarded the
schooner, but he does not know their names,
and he cannot recollect that he saw any of
those negrues enter the cabin ; and he also
saith lhat he does not know the names of any
of the persons who boarded and destroyed
said schooner, or wounded Lieutenant Dud
dingston, but that the captain who was call
ed the captain of the gang, was a well set
man, of a swarthy complexion, full face,
hoarse voice, and wore a white cap, was well
dressed, and appeared rather above the com
mon rank of mankind ; and that the greater
part of those he saw on board the schooner
and in the cabin were persons well dressed,
many of them with ruffled shirts, and appear
ed as store-keepers, merchants or masters of
vessels ; the person who was called the head
sheriff was a tall, genteel man, dressed in
blue clothes, his hair tied behind, and hail on
a ruffled shirt. One of the persons who act
ed as surgeon in dressing Lieutenant Dud
dingston's wounds, appeared to be about
eighteen years of age, very much marked
with the small pox, light brown hair tied be
hind, about five feet five or six inches high ;
the other was a very genteel man, appeared
to be about twenty-two years of age, his hair
tied behind, a thin person, and about five
feet eight or nine inches high. This exam
inate 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 Pro-

45

vidence, and asked him whether he knew
how Lieutenant Duddingston did, but the ex
aminate does not know his name, and fur
ther saith not. W. DICKINSON.
Sworn to at Newport on the day and year
above said, before
J. Wanton, Fred. Smythe,
Dan. Horsmanden. Peter Oliver.
The examination of Bartholomew Chee
ver, mariner, and late a seaman on board his
Majesty's schooner the Gaspee, taken on oath
at Newport, in the colony of Rhode Island,
on the first day of June, 1773 : Who saith,
that on the 9th day of June last, the schooner
Gaspee run aground on her passage to Pro
vidence, on a point of land about two or three
miles below a small town, and about five
miles from the town of Providence; that
about three quarters after twelve o'clock the
next morning, being the tenth of June, he
was standing upon the^quarter deck of said
schooner as a sentry, every other person be
longing to said schooner being below, he saw
a number of boats coming towards said
schooner, which he hailed, but no answer
was returned; he then immediately gave
notice to Lieutenant Duddingston and the
midshipman, who instantly came upon deck ;
the boats were again hailed, and the answer
returned by some of the people in said boats
was, "Damn your blood, we have you now."
The captain ordered thei.. to keep off, and
told them if they did not he would fire into
them ; fhey answered, they did not care, they
would be aboard directly. The captain then
ordered all hands on deck, but the people
who were in the boats boarded the schooner,
and as they were entering said schooner,
they shot the captain, and afterwards tied
the people belonging to said schooner and
carried them on shore nearly opposite to the
schooner ; they then broke open the arm
chest and took possession of the small arms ;
and after they had landed all the Gaspee's
people he saw the said. schooner on fire, but
he knoweth not the names of any ofthe per
sons who were concerned in destroying said
schooner ; and that those who acted as prin
cipals were called the head sheriff and the
captain, and one of them was called consta
ble. And this examinate further saith, that
while he was attending upon Lieutenant
Duddingston at a town called Pawtuxet, he
saw two of the persons who were concerned
in destroying said schooner but did not know
their names. his
BARTHOLOMEW X CHEEVER.
mark.
Sworn to at Newport the day and year
above said, before
/. Wanton, Fred. Smythe,
Dan. Horsmanden, Peter Oliver,
The examination of John Cole, of Provi
dence, in the colony of Rhode Island, Esq.,
taken on oath in Newport, in said colony,

this third day of June, A. D. 1773 : Who
saith, that the evening preceding the burn
ing the Gaspee I spent at Mr. James Sabin's
tavern, in Providence aforesaid, in company
with several gentlemen; about 7 or 8 o'clock,
hearing a noise in the street of said town; I
pulled back the shutter of one of the win
dows next the street, and saw several men,
about twelve, as I apprehend, but did not
know one of them, collected together ; upon
which, I made inquiry of the gentlemen in
the room if they knew the occasion, and was
answered by one of the company, but whom
I cannot particularly recollect, that he hoped
they were not upon any design of mischief;
to which I replied, "I believed not ; if they
were on such a design they would not be so
public." Some short time after, I heard a
drum beat in the street; upon which I again
opened the shutter, saw three or four boys
passing along with the drum, and no other
persons; between 11 and 12 o'clock in the
same evening, 1 left the said tavern, at which
time I found the street clear and still ; I then
observed that I believed if any mischief was
intended, they had thought better of it and
gone home. Early in that evening, and be
fore I first opened the shutter, I heard, but
whether after I joined the company or in the
street going to said tavern, I cannot recollect,
that the Gaspee was then run on shore ; nei
ther do I remember the person giving me
that information ; I never heard any intima
tion of an intention to burn the Gaspee, nor
do I know any person or persons concerned
in that transaction, or ever heard who they
were. The place where the said Gaspee
was burnt was in the township of Warwick,
in the county of Kent, in the colony of Rhode
Island. From the cove near Mr. Samuel
Tompkins's house to the place where the
Gaspee schooner was burnt, is, according to
the best judgment I can form, near, if not
quite four leagues ; and further this deponent
saith not. JOHN COLE.
Taken and sworn to at Newport on the
day and year before written, before
J. Wanton, Fred. Smythe,
Dan. Horsmanden, Peter Oliver.
Robt-. Auchmuty.
The examination of John Andrew, Esq.,
of Cranston, in 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 Provi
dence 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

46

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. Duddingston
and his people, and find, if possible, the per
sons that had done the mischief; we procured
a horse as soon as possible, and went to Paw
tuxet where we found Mr. Duddingston bad
ly 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. Duddingston, 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 advan
tage, but was willing that his people should
be sworn, and had them called in, and cau
tioned them to swear the truth ; he then, as
his Majesty's Commissary for the colony,
conferred with Mr. Duddingston concerning
saving such guns and stores as could be
saved, and agreed to save all that was possi
ble to be saved, and procured a man to un
dertake the business ; and he likewise re
quested that his people might be taken care
of, and Eent 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. Duddingston seve
ral 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 con
dign punishment, but he always declined say
ing 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 ofthe 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 vil
lains might be discovered and not the whole
colony blamed. JOHN ANDREW.
The foregoing examination was taken and
sworn to at Newport on the day and year
afore written, before
J. Wanton, Peter Oliver,
Dan. Horsmanden, Robt. Auchmuty.

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 colo
ny, 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 fcast
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 be
ing burnt, and of Lieutenant Duddingston'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 spe
cial charges to grand juries ; but before the
meeting of said court I informed my breth
ren that if I presided at said court I fully in
tended 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 em-
pannelled, 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 ofthe other judges of the court, that I
had entirely forgot to give the business of
destroying the Gaspee and wounding Lieu
tenant Duddingston in charge to the grand
jury, which I had designated, and further this
deponent saith not. JAMES HELME.
Taken and sworn to at Newport on the day
and year first within written, before
J. Wanton, Fred. Smythe,
Dan. Horsmanden, Peter Oliver.
Robert Auchmuty,
The examination of George Brown, of
Providence, in the colony of Rhode Island,
Esq., taken on oath at Newport, in said colo
ny, this fifth day of June, A. D. 1773 : Who
saith, that the evening preceding the burning
of the schooner Gaspee, he, with several oth
er gentlemen, met at the house of Mr. James
Sabin, in Providence aforesaid, it being a
public house, to spend the evening together;
about ten o'clock, as I suppose, I heard a
drum beat in the street ; 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 beat
ing 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 sus
picion 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 1
have not any knowledge, directly or indi
rectly, of any plans being laid to burn or

47

otherwise destroy said schooner, or of any
person concerned in so vile a crime, or
wounding Lieutenant Duddingston; some
time after I heard the drum, I had occasion
to goto tlie door, when I plainly saw about
ten or a dozen boys with a drum, and am
cpnfident there was not at that time one man
among them ; nor had I during that eve
ning, any conception of any mischief intend
ed. The place where said schooner was
burnt is in the township of Warwick, in the
county of Kent, in the colony of Rhode Is
land and Providence Plantations. From the
dwelling house of Mr. Samuel Tompkins to
the place where said schooner was burnt, is,
according to my judgment, about nine miles;
and further this deponent saith not.
G. BROWN.
Taken and sworn to at Newport en the day
and year above written, before
J. Wanton, Fred Smythe,
Dan. Horsmanden, Peter Oliver.
Robert Auchmuty,
The examination of Samuel Faulkner, of
Bristol, in the colony of Rhode Island, and
laborer, taken upon oath, at Newport, the
11th day of June, 1773 : Who saith, that he
lived with Mr. Samuel Tompkins, of the is
land of Prudence, in said colony, from the
1st of April, 1772, to the last of July follow
ing, and knoweth a negro fellow named
Aaron, who lived with said Tompkins part
of said time, and as he understood was an
indented servant to said Tompkins ; that sev
eral persons came over from Bristol to said
island, and said that the Gaspee schooner
was burnt two or three days before, which
was the first time he heard of it ; that he never
requested the said Aaron to go with him
from Prudence to Bristol in any part of the
aforementioned time of his living with the
said Samuel Tompkins, having then no oc
casion to go to Bristol ; that when the people
of Bristol gave an account of the burning
of said schooner, Aaron was present, and did
not either at that time or at any other time
afterwards discover he had any knowledge
of the destroying of said schooner ; 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 mas
ter to let him go with him to Bristol in any
part ofthe 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 con)pa»y 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 h.e was in Mr. Potter's ropewalk as
aforesaid that he told said Aaron whose it
was ; and that when they went to Bristol to
gether 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 re
member that the people from Bristol men
tioned 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. SAMUEL FAULKNER.
Taken and sworn to at Newport on the
day and year above-mentioned, before
J. WANTON,
FRED. SMYTHE,
ROBT. AUCHMUTY.
Darius Sessions, Esq., of Providence, on
oath declares and says, that, in the month of
March, A. D. 1772, or thereabouts, sundry of
the principal inhabitants of the town of Pro
vidence made application to the deponent in
writing, representing that there was and had
been for some time past, a schooner cruising
in the Narragansett river, that disturbed all
the vessels and boats that were passing there
in, by chasing, firing at and searching them,
and often treating the people aboard of them
with the most abusive language, and that
the commander showed no commission to
support such proceedings; they therefore re
quested me to inform the Governor thereof,
that if he knew not who he was, or if he had
not been acquainted with his commission
and authority, he would be pleased to make
inquiry therein ; 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; ifwas soon return
ed with something written under mine, to this
purpose, viz : That it 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 Gov
ernor, and (if a custom house officer) without
being sworn into his office, was guilty of a
trespass, if not piracy. All which proceed
ings, to the best of my remembrance, I af
terwards sent to the Governor. And to the
best of his remembrance, the aforesaid com-

plaint was signed by the following persons :
John Brown, Ambrose Page,
Nathan Angell, Darius Sessions,
Joseph Nightingale, James Lovett,
Job Smith, Nicholas Brown,
Thomas Greene,
Newport, June 12th, 1772.
Sworn to before J. WANTON, Governor.
On the 7th of June, the commissioners re
quested the personal attendance of the Jus
tices of the Superior Court of the Colony-
The design of the commissioners will ap
pear in the following papers :
The honorable the commissioners, appoint
ed by royal commission, for examining into
the attacking and destroying his Majesty's
armed schooner the Gaspee, commanded by
Lieutenant Duddingston, and wounding the
said Lieutenant, having laid before us, Justi
ces of the Superior Court of Judicature,
Court of Assize, &c, within and throughout
the Colony of Rhode Island, two examina
tions of Aaron Briggs, two examinations of
Patrick Earls, the examination of Peter May,
the examination of William Dickinson, the
deposition of Samuel Tompkins, Samuel
Thurston, and of Somerset and Jack, indented
servants, for our advisement thereon :
It appeareth unto us from our considera
tion had thereupon, that no particular person
or persons are made mention of as being con
cerned 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. Lindsey of hang
ing him (the said Aaron) at the yard arm if
he wouid not discover who the persons were
that destroyed the Gaspee ; and besides, most
ofthe circumstances and facts related in both
of his examinations are contradictions repug
nant to each other, and many of them im
possible 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. Lind-
sey'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 numer
ous in this colony, and the said Peter not
giving the Christian name or describing
him in such a manner as he could be found
nut, 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 ofthe 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 informa
tion. S. HOPKINS, Chief Justice.
J. HELME, 1 Agsietant
M. BOWLER, [ X'^T
J. CJBENNET, ) Justlces-
Rhode Island, June 11, 1773.

Gentlemen : — We, the commissioners, ap
pointed by his Majesty for inquiring into the
attacking, plundering and burning his Majes
ty's schooner called the Gaspee, and wound
ing the Lieutenant, late commandant of said
schooner, received your report on the exam
inations by us laid before you. In the con
clusion of the same report you are pleased to
say, if we differ from you in sentiment, you
should be glad to receive our opinion for your
better information. As by our instructions
we are required to lay before the civil mag
istrates all such informations as we shall re
ceive, and as it is your proper office to judge
and act thereupon in such manner as you
conceive most likely to answer the ends of
public justice, therefore we decline giving
any sentiment or opinion in the matter, and
are, with much respect, gentlemen,
Your most obedient humble servants.
Newport, June 12, 1773.
To the Hon. Stephen Hopkins, Esq., and
the three Assistant Justices.
The following request of Chief Justice
Smythe was thought worthy of preserva
tion : June 23d, 1773.
Gentlemen : — I desire the enclosed may
be inserted in the journal of our proceedings.
I am sorry it is not in my power to meet you
this morning. As this minute contains only
the plain facts, I hope there will be no ob
jection to the request of
Gentlemen, yours, most heartily,
FRED. SMYTHE.
To the Commissioners, Gov. Wanton, Mr.
Horsmanden, and Mr. Auchmuty.
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 mag
istrates, dated July 1764, had been imparted
to him on Saturday last, and conceiving that
great irregularity, violence and disorder ac
companied that transaction, and might be

49

considered as a leading cause to the destruc
tion 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 ac
quainted 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, pro
duced the original order signed by the mag
istrates, and inquiring if the Governor's son
or the gunner had been applied to for in
formation on tho 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 at
tack of the schooner St. John ought to be
taken by this board. Mr. Smythe, on the
contrary, was of opinion that a strict in
quiry 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 :
Monday, January Wth, A. D. 1773.
The commissioners met according to ad
journment. 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 tender
ing 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 wit
ness, relative to the taking and burning of
the Gaspee schooner, in order to be exam
ined before them at 11 o'clock to-morrow
morning. Tuesday, January 12.
The commissioners met according to ad
journment. 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 burn
ing the Gaspee, &c,. appeared before them
and was examined upon oath, which exam
ination 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 is
sued and delivered to Samuel Clark, who
was sent off express at 2 o'clock.
Wednesday, Jan. 13.
The commissioners met according to ad
journment. 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. Thursday, Wth January.
The commissioners met according to ad
journment. Present, all.
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 Earls to appear before them on Fri
day, the 15th inst, to give evidence of what
he knows respecting the burning of the Gas
pee, &c.
The commissioners received a letter from
Admiral Montagu, acquainting them of his
arrival at Newport.
The commissioners received from Admi
ral Montagu the deposition of Patrick Earle,
taken the 16th of July last before a justice of
the peace in the town of Newport.
The commissioners adjourned till to-mor
row morning at ten o'clock. Friday, Jan. 15.
The weather being extremely cold and vi
olent stormy, the commissioners did not meet.
Saturday, 16th January.
The commissioners met according to ad
journment. Present, Joseph Wanton, Esq., Frederick
Smythe, Esq., Peter Oliver, Esq., Robert
Auchmuty, Esq.
Patrick Earls, a mariner, on board his
Majesty's ship the  , pursuant to sum
mons, appeared before the commissioners,
and was examined upon oath, which exam
ination was taken in writing, and ordered to
be filed.
A letter was delivered to the commission
ers 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 let
ter received from the Admiral on the 14th
inst, in the following words :
Which letters were delivered to J. Breiv
ton, Esq., one of the Secretaries, who at
tended the Admiral with them, and delivered
them to the Admiral's Secretary, the Admi
ral; being abroad, with the following message
from the commissioners, that they were now
sitting, and would be glad to see the Admi-

50

ral 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 morn
ing at ten o'clock. Monday, 18th of January.
The commissioners met according to ad
journment. Present, all.
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 Lieuten
ant Duddingston during his residence at
Pawtuxet and Newport after the destroying
ofthe schooner Gaspee.
The Admiral also delivered to the com
missioners, a list of persons who reside in
Providence as material witnesses relative to
the assembling of the people prior to the at
tacking the Gaspee, in consequence of which
they ordered a summons to be issued for
John Andrews, Esq., John Cole, Esq., Dan
iel Hitchcock, Esq., and George Brown, At
torneys 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
Clark, who was sent as express by the com
missioners at 20 minutes after 3 o'clock.
The commissioners adjourned till to-mor
row at ten o'clock. Tuesday, 19th January.
The commissioners met according to ad
journment. Present, all.
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 tes
timony, he was discharged without making
any deposition.
The commissioners received a letter from
Admiral Montagu, which was read and or
dered to be filecl ; an answer was immedi
ately 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 depo
sition of Aaron Briggs, taken the  day of
 , which was ordered to be filed.
The commissioners adjourned till to-mor
row at 10 o'clock. Wednesday, Jan. 20.
The commissioners met according to ad
journment. Present, all.
The commissioners directed copies of the
several letters which have passed between |
them and Admiral Montagu to be made out I

in order to be transmitted to the Earl of
Dartmouth. Thursday, Jan. 21.
The commissioners met according to ad
journment. Present, Joseph Wanton, Esq., Frederick
Smythe, Esq., Peter Oliver Esq., and Rob
ert Auchmuty, Esq.
Samuel Clark, who was charged with the
delivery of the several summonses issued by
the commissioners on the 18th inst, made re
turn upon oath of his service thereof, which
was ordered to be filed. Samuel Clark ex
hibited 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 com-
missioners. 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.
Friday, 22d January.
The commissioners met according to ad
journment. Present, Joseph Wanton, Esq., Daniel
Horsmanden, Esq., and Frederick Smythe,
Esq., Samuel Clark, who was charged with the
service of summons on the 12th inst, for two
persons at Mendon, made return upon oath
of his service thereof, which was ordered to
be filed.
The commissioners received a letter from
Arthur Fenner, at Providence, excusing his
attendance in obedience to a summons ofthe
18th: Also, a letter from James Sabin, excusing
his attendance in obedience to a summons of
the same date, which were ordered to he
filed. The commissioners adjourn all further pro
ceedings 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 pre
sence of God, profess, testify and declare, that
we do believe, that in the sacrament of the
Lords supper there is not transubstantiation
ofthe 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

51

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, whatso
ever, 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 with
out thinking that we are or can be acquitted
before God or man, or absolved of this de
claration or any part thereof, although the
pope, or any other person or persons, or pow
er whatsoever shall dispense with or annul
the same, or declare that it was null and void
from the beginning.
J. Wanton, Fred. Smythe,
Dan. Horsmanden, Peter Oliver.
Robt. Auchmuty,
We do truly and sincerely acknowledge,
profess, testify and declare in our conscience,
before God and the world, that our Sovereign
Lord, George the Third, is lawful and right
ful King of this Realm, and all other his
Majesty's dominions thereunto belonging :
And we do solemnly and sincerely declare,
that we do believe in our consciences, that
not any of the descendants ofthe person who
pretended to be Prince of Wales during the
life ofthe late King James the Second, and
since his decease pretended to be, and took
upon himself the stlye and title of King of
England, by the name of James the Third,
or of Scotland, by the name of James the
eighth, or the style and title of King of Great
Britain, hath any right or title whatsoever
to the Crown of this Realm, or any other
the dominions thereunto belonging : And we
do renounce, refuse, and abjure any allegi
ance 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 conspi
racies and attempts whatsoever, which shall
be made against his person, crown or dignity:
And we will do our utmost endeavor to dis
close and make known to his Majesty, and
his successors, all treason and traitorous con
spiracies which we shall know to be against
him, or any of them : And we do faithfully
promise to the utmost of our power to sup
port, 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 en
titled, "An act for the further limitation of
the crown, and better securing the rights and
liberties ofthe subject," is and stands limited
to the Princess Sophia, Electoress and Dutch
ess Dowager of Hanover and the heirs of
her body being protestants : and all these
things we do plainly and sincerely acknow
ledge 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 whatso
ever: And we do make this recognition, ac
knowledgment, abjuration,  and pro
mise heartily, willingly, and truly, upon the
true faith of a Christian. So help us God.
J. Wanton, Fred. Smythe,
Dan. Horsmanden, Peter Oliver,
Robt. Auchmuty.
We do swear, that we do from our hearts,
abhor, detest, and abjure as impious and he
retical, that damnable doctrine and position
that princes excommunicated or deprived
by the pope or any authority of the See of
Rome, may be deposed or murdered by their
subjects or any other whatsoever. And we
do declare that no foreign prince, person,
prelate, state, or potentate, hath, or ought to
have, any jurisdiction, power, superiority,
pre-eminence or authority, ecclesiastical or
spiritual, within this realm. So help us God.

W $0tf%> (A

The commissioners probably closed their
labors on the 23d of June, on which the fol
lowing letter, enclosing the report of their
proceedings, was sent home :
Newport, June 22, 1773.
My Lord: — So much time being neces
sarily spent in the business of his Majesty's
royal commission renders our return to our
several colonies highly expedient, and hav
ing executed the same to the utmost of our
abilities, we beg leave to enclose to your
Lordship, a report thereon.
Your Lordship is very sensible for the ex-

52

ecution of the trust his Majesty hath been
graciously pleased to honor us with, it was
strictly necessary to have the assistance of
secretaries, messengers to summon witnesses,
or go express on the business, some con
stant attendants and stationery. No partic
ular mode having yet been pointed out to
us for defraying these expenses by govern
ment, we have discharged the same, except
the secretaries Mr. Brenton and Mr. Clark,
but at this, our second meeting, we found
one of those gentlemen sufficient for the same.
Mr. Oliver would have joined us in the re
port to his Majesty if the duty of his office
had not indispensably required him to take
his leave ofus a few days since.
My Lord, as we have used the utmost as
siduity, and made the strongest possible ef
forts 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 Lord
ship's most respectful and most obedient hum
ble servants.
"TO THE KING'S MOST EXCELENT
MAJESTY :
May it please your Majesty: — In obe
dience to your royal commission and instruc
tions, and from a due sense of the duty there
in enjoined on us, we have used our utmost
care and diligence for the purpose of enquir
ing into and reporting to your Majesty all
the circumstances relative to the attacking,
plundering and burning the schooner Gas
pee, wounding Lieutenant Duddingston, and
all other matters in the same commission and
instructions contained.
We now beg leave, most humbly, to re
port to your Majesty, that on the earliest in
telligence of your Majesty's commands, we,
with the utmost dispatch in our power, re
paired to Newport, where, on the fifth of
January last, your Majesty's royal commis
sion was published in the presence of a large
number of people, who, on the occasion, be
haved with great propriety. We next pro
ceeded to give public notice of the subject
matter of the commission and our being as
sembled for the execution thereof, requesting
all persons who could give us any informa
tion relative to such matters forthwith so to do.
We beg leave to observe to your Majesty,
that the place where the Gaspee was de
stroyed, is, at least, twenty-three miles from
Newport, and the accident of her running
aground but a few hours before the attack
take away all possibility ofthe inhabitants of
the town being instrumental in or privy to
the destruction of her ; nor have we any evi
dence, 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 assem
bling, arming, and leading on the people to
attack the Gaspee, also the concerting and
preparing the same, we have been particu
larly attentive. But after our utmost efforts,
we are not able to discover any evidence
of either ; and therefore, are humbly of opin
ion, both from the unforeseen event of the
Gaspee's running on shore, the suddenness
ofthe undertaking and its accomplishment,
and the total want of evidence of even an in
tention to destroy her, though many witness
es of credit as well inhabitants of Providence
as other places, were strictly examined on
this head, that the whole was conducted sud
denly and secretly.
On the tenth of June last, about 1 in the
morning, a number of armed people, many
of whom, by their dress, appeared much
above the rank of common people, and were
accompanied by several negroes and others,
boarded the schooner Gaspee, then on shore
on a point of land called Namquit, which iff
within the township of Warwick, and county
of Kent, in this colony, and about six miles
from the town of Providence ; and after
wounding the Lieutenant, and using the crew
with great barbarity, first plundered and then
burnt the schooner, taking the Lieutenant
and his people on shore, to a place called
Pawtuxet, about two miles distant. With
respect to the conduct of the magistrates, on
the morning of the eleventh of June, the dep
uty governor, being informed of the destruc
tion of the Gaspee, the Lieutenant being
wounded on shore at Pawtuxet, first inquir
ing if any of the offenders were known, and
receiving no information of such, immediate
ly repaired to the place, and finding the
Lieutenant in a dangerous condition, offered
him every proper assistance, to which the
Lieutenant replied, he wanted no favors for
himself, but desired his people might be taken
care of and sent on board the Beaver, which
was accordingly done. The deputy govern
or then told the Lieutenant the design of his
visit was not only to afford him any assis
tance, hut to procure such a declaration from
bis own mouth respecting the transaction that
the offenders might be brought to justice;
to which the Lieutenant answered, he would
not give him any account of the matter, first,
because of his indisposition, and, secondly,
it was his duty to forbear any thing of that
nature until he had done it unto a court mar
tial. The deputy governor then asked the
Lieutenant if he was willing that his officers
and men should be examined, to which, af
ter 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,attend-
ed 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 eve-

53

t y step he had taken as a magistrate, and
sent him all the depositions. In another let
ter ofthe 12th of June, he further informed
the Governor, it was the unanimous opinion
of a great number of the most respectable in
habitants of Providence, that a proclamation
with a proper reward, should, by the gov
ernor be issued, for the apprehending and
bringing to justice the persons concerned
which was accordingly done. In July fol
lowing, a warrant was granted for the ap
prehending one Aaron Briggs, a negro, then
on board your Majesty's ship the Beaver,
commanded by Capt Lindsey, for being con
cerned in burning the Gaspee and wounding
the Lieutenant. The same was delivered to
a sheriff, who, after making his business
known, was refuse J admittance into said ship,
but the captain was not then on board. Very
soon after such refusal the captain was in
formed of said warrant and requested to de
liver 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 fol
lowing 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 de
struction of the Gaspee, the barbarity and in
solence exercised upon the commander and
seamen belonging to her, with other neces
sary matters, we proceed, in obedience to
your Majesty's directions, to assign some pro
bable causes which we conceive might lead
to so bold a violation of your Majesty's laws
and authority.
The great impatience of some people in
this colony under any restraint of trade, how
ever illicit ; the check which your Majesty's
navy officers have put to such trade by the
necessary aid and assistance which they have
afforded the revenue officers ; the plundering
and burning a sloop called the Liberty in
this harbor, in July 1769, then employed in
your Majesty's revenue service, and com
manded by William Reid, liberatnig a ves
sel and cargo then under seizure by said com
mander, and in a violent and outrageous
manner assaulting and detaining him in this
town, in duress, till the accomplishment of
the above facts; the same night dragging
two boats, belonging to said sloop, through
the streets and burning them ; and the per
petrators of the above outrage escaped with
impunity ; not one person being so much as
apprehended on this occasion. It must be
further, with humble submission to your Maj
esty, remarked, that it does not appear to us,

that any complaint or information was givsn
to any peace officer or other magistrate
against any person whatever, as concerned
in the above transaction, excepting four dep
ositions, taken before a single magistrate, and
which do not appear to have been laid be
fore the Governor and council, or to have had
any effect. Certain persons, principal inhab
itants ofthe town of Providence, in March
preceding the burning of the Gaspee, com
plained to the deputy governor, also an in
habitant of that place, against the eonduct pf
Lieutenant Duddingston 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 tlie said
Lieutenant's authority ; on which the depu
ty 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
came into this colony and in the body there
of, to exercise any authority by force of arms
or otherwise, without showing his commis
sion to the Governor, and if a custom house
officer, without being sworn into his office,
was guilty ofa tresspass, 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
Duddingston, on his first arrival in the har
bor of Newport, had waited on the Governor,
acquainting him with his power and authori
ty, 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 Duddingston,
from an intemperate, if not a reprehensible
zeal to aid the revenue service, exceeded the
bounds of his duty.
After exerting ourselves to the utmost of
our abilities to collect evidence against the
persons concerned in burning the Gaspee
and wounding the Lieutenant, and judging
that we had got all there was any probabili
ty of obtaining, we laid such before the dep
uty governor, tlie chief justice of the colony
and three of his associates, among which tes
timonies was Aaron's, the negro, wherein
some persons are expressly named and
charged as guilty, and Mr. Dickinson's, late
midshipman of the Gaspee, and on board at
the time she was destroyed, very particularly
described others. The justices were then in
formed that the same witness was now pre
sent, and might be by them re-examined.
Soon afterwards, at the request of the judg
es, we also delivered them other depositions,
which had been laid before us by the Gov
ernor, and which tended to discredit the tes
timony of said Aaron. The day following,

54

we received their report in the words follow
ing: "The honorable the commissioners appoint
ed by royal commission, for examining into
the attacking and destroying his Majesty's
armed schooner the Gaspee, commanded by
Lieutenant Duddingston, and wounding the
said Lieutenant, having laid before us, justi
ces of the Superior Court of Judicature,
Court of Assize, &c, within and throughout
the Colony of Rhode Island, two examina
tions of Aaron Briggs, two examinations of
Patrick Earls, 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 considera
tion had thereupon, that no particular person
or persons are made mention of as being con
cerned 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. Lindsey of hang
ing him (the said Aaron) at the yard arm if
he would not discover who the persons were
that destroyed the Gaspee ; and besides, most
ofthe circumstances and facts related in both
of his examinations are contradictions repug
nant to each other, and many of them im
possible 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. Lind-
sey'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 numer
ous 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 ofthe 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 informa
tion."

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 mat
ter." Touching the depositions of Aaron, the
negro, we humbly conceive it our duty to
declare to your Majesty, that the conduct of
Capt. Lindsey tended too strongly to extort
from a weak or wicked mind declarations
not strictly true ; that some parts of said dep
ositions falsify others ; that allowing the ac
count 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 de
posed 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 per
son, to be an absolute falsehood ; and there
fore we are most humbly of opinion, no credit
is due to said Aaron's testimony.
May it please your Majesty, the civil mag
istrates 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 sub
ject determines our inquiry.
All which is most humbly submitted to
your Majesty's royal wisdom.
J. Wanton, Fred. Smythe,
Dan. Horsmanden, Robt. Auchmuty.
Newport, Rhode Island, June 22, 1773.
The meeting of these commissioners at
tracted the attention of the House of Bur
gesses in Virginia, and led to the appoint
ment of committees of correspondence, in the
several colonies. In March, 1773, the House
resolved to appoint a committee of corres
pondence and enquiry, consisting of eleven
persons, to obtain the earliest information of
the proceedings ofthe British Parliament and
to keep up a correspondence with the sister
colonies. They were instructed without de
lay, "to inform themselves particularly of the
principles and authority on which was con
stituted a court of enquiry, said to have been
lately held in Rhode Island, with power to
transport persons accused of offences com-

55

mitted in America, to places beyond seas to
be tried."
In reviewing the report of the commission
ers, our surprise is not so much excited at the
conclusion to which they came from the evi
dence before them, as at the small amount
of testimony they collected. It would be do
ing great injustice to the memories and cha
racters of Gov. Wanton, Judges Horsmanden,
Oliver and Auchmuty, to suppose that they
suppressed any evidence, or did not exert
themselves to the utmost to procure testimo
ny. The course they afterwards took in the
war of the revolution, when they joined the
ministerial party in the country, is a sufficient
guaranty that they were, by no means, luke
warm in the service of his Majesty. They
were surrounded, too, at the time of their
sessions, by the officers of the croiyn, and in
dividuals high in rank and standing, wfiq
were eager in the chace of those who insulted

hese. -'P*a>t

their sovereign in the person of his refresen-
tative, Lieut. Duddingston. Undeil t
circumstances, it is passing strange, na| jw>
persons could be found, who could ifleijtifj
those engaged in the enterprise, or tHat fan
great reward offered on the occasion S^ouffl"
not have induced some one to have turned*
former. That the enterprise was suddenly5
conceived, there can be no doubt ; but every
circumstance shows, that no great care was
used to preserve secrecy. They were called
together by the beating of a drum in the
streets. The collecting of the boats, the as
sembling at a public house, the embarking
from a public wharf, all must have attracted
the notice of the inhabitants. The parties
assumed no disguise of any kind but went in
their usual dress. Among them were some.
little conscious of the crime they were com
mitting and the penalty they were incurring.
Mr. John Howland says, that on the morning
after the affair, Justin Jacobs, a young man,
was parading himself on "the great bridge,"
then the usual place of resort, with Lieuten
ant Duddingston's gold laced beaver on his
head, detailing to a circle around him the
particulars of the transaction, and the man
ner in which he obtained the hat from the
cabin of the Gaspee. It required sharp
words to induce him to retire and hold his
peace. There were others, probably, equally
indiscreet ; and yet not an individual could

be found who knew anything about the af
fair. With the following song, made on the oc
casion, it is designed to close this prolix ac
count of the Gaspee :
SONG.
'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 ;
£fc> that they could not longer bear
Those sons of Belial staying there.
But 'twasiiot long 'fore it fell out,
*"\£illw.m Duddingston, so stout,
der of the Gaspee tender,
as reason to remember,
people do assert,
st- had his just desert,
Here orrfChe tenth day of last June,
,Bet,wixt 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 Duddingston.
One thousand more he says he'll spare,
For those who say they sheriffs were ;

56

One thousand more there doth remain
For to find out the leader's name ;
Likewise five hundred pounds per man
For anyone 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.
The name of the author of this song is lost.
He richly deserves the thanks, not only of
his cotemporaries, but of posterity; not so
much for the sweet poetry of his song, as for

the ballad shape in which he invested the
transaction. Undoubtedly, some tune was
found, at the time, to match it, notwithstand
ing the limping gait of some ofthe stanzas ;
and as it was sung in the circle of boon com
panions, they recalled the light of the burning
Gaspee to their recollection, and hailed it as
being, what subsequent events have shown
it to be, the dawning light of freedom, whose
mid-day effulgence now overspreads our
land.

ALE