Letter from Chief Justice Smyth to the Earl of Dartmouth, relative to the destruction of the Schooner

Gaspée.

[From P. R. O. America & West Indies, Vol. 177 (195).]

NEW YORK Feb 8th 1773.

My Lord,

I had the honour to receive your Lordships Letter dated 4th of September last, imparting his Majestys commands to me to repair to Rhode Island to assist in carrying into execution his Majesty's Commission for enquiring into the circumstances relative [to] the plundering and burning the Schooner Gaspee.' Your Lordships Letter was delivered to me on the 23a of December last, and on the 31st I arrived at Rhode Island. on the 5th of January all the Commissioners being met, and the Commission produced to us, the same was opened and published.

A Review of the attrocious offence perpetrated in Rhode Island, must excite indignation in the mind of every lover of Justice, and real friend to the Authority and dignity of Government; and I should have been happy to acquaint your Lordship, that success in the execution of the Commission had been equal to my wishes, that the ends of public Justice might thereby be effectually attained, but from what I have hitherto observed, in the progress of our enquiry, and from such intelligence as I have obtained, I cannot help expressing my fears that that intention of Governm will be defeated, and the offenders screened from the hand of Justice.

I must forbear giving your Lordships a particular

1 See page 375.

detail of our proceedings upon the Commission, as that more properly ought to be reserved to the general report from the Commissioners, to his Majesty; but I cannot restrain myself from imparting to your Lordship some remarks and observations, which I think you ought to be possessed of tho' in this particular I happen to differ from the other Gentlemen named with me in the Commission, who in their Letter to your Lordship have contented themselves with informing you of an adjournment, and their reasons for so doing;' but I am willing to go a little farther, and hope I shall be excused for taking up your Lordships time and attention.

Your Lordships Letter to the Governor of Rhode Island ought most certainly to have been kept secret from the people of that Country-how great then was my surprise to find most part of it in the public prints before I arrived at Rhode Island, so far from keeping it any secret, the utmost industry seems to have been used to publish the contents of it; the Governor immediately imparted it to his neighbors and friends, in a few days he laid it before the general Assembly of the Colony-in less than a week it was printed at Boston, and on the Sunday following a Sedicious preacher harangued his congregation on the Subject of it, by this means the allarm was effectually given, and the utmost horror excited in the minds of the people against the measures intended to be taken by Government in the cause of public Justice. I need not make any remarks on this instance of the imprudent conduct of the Governor of Rhode Island-I have expostulated with him on this subject, but however reprehensible such conduct w certainly be in a Commander in chief of a Royal Government-constituted as the Governm of Rhode Island now is by their popular

1 For Chief-Justice Horsmanden's report see N. Y. Col. Docs., VIII., 350, 890, 709.

Charter, the Governor thinks he sha have been remiss in his duty to the people if he had not taken this course --this principle my Lord I must think is the real sourse of all the mischief, disorder, and irregularity, which from time to time have disgraced the Government of Rhode Island, and no effectual controul being interposed, mischief and irregularities have increased, defiance to Laws, and an unbounded licenciousness has at length grown to Treason itself-as almost the whole power of the Crown is delegated to the people of Rhode-Island-that power which in proper hands duly exerted wa produce the good effects of good government, is now prostituted to the purposes of private interest, abject submission to popular factions-blind obedience to the wishes, passions, and inclina tions of the people however repugnant to the honor of Government, the Duty of Subjects, or the Laws of the Land.

That illicit Trading had been growing for many years to an egregious excess in Rhode Island was obvious to every one, and called for the interposition of some other power than was to be found in this Colony to put some stop to it; the vigilance and activity of so good an Officer as Cap Duddingston naturally excited the indignation of the people-opprobious insults and illeberal reflections were plentifully thrown out to stimulate revenge against him, which at length was effected; and tho' perpetrated at a place, and in such manner, as without all doubt the actors must be known to hundreds of the inhabitants of the Colony, is hitherto kept so secret that all our enquiry has been ineffectual to fix with certainty upon any particular person concerned in the outrage-and to keep this matter secret is now become a common cause-I am not without hopes however that the noble reward offer by his Majesty's proclamation may bring forth proof direct and indisputable.

Tho' it may be improper as I observed before for me singly to impart to your Lordship any particulars of the Evidence which have been hitherto produced to us, yet as your Lordship was pleased to transmit to me the Examination of the Negro Aaron; and by the language of M Pownals Letter seemed to be considered as a discovery of consequence; I think it may be proper to acquaint your Lordship, the credibility of his testimony is exceedingly questionable in every article, and upon the whole I cannot help thinking that our enquiry is rather disgraced than aided by his information-he appears to be an Indented Servant or apprentise to a reputable Planter, from whom he ran away and came on board a Man of War to inlist as a Seamen-upon the Captains obtaining intelligence that he was a runaway Servant, he determined to have him punished and discharged from the Ship, and whilst they were preparing to punish him, a Sailor declared he remember him on board one of the Boats with the people who burnt the Schooner, which being told to the Captain he ordered the fellow to be released from punishment, and to declare what he knew of that transaction, who then, and not before gave the narrative which Admiral Montague sent to your Lordship, and which he has repeated before the Commissioners, but intermixed with so many mistakes, contradictions, and improbabilities, that it was hardly worth attending to, and after all his Master and his two fellow servants if called upon are ready to swear positively that he was in Bed and asleep on the night the Schooner was burnt.'

There are only three or four of the Sailors who formerly belonged to the Gaspee now in America and their Evidence amount to little more than the attack and destruction of the Schooner. Capt. Duddingston certainly w be the most material Evidence to estab

1 See also N. Y. Col. Docs., VIII., 890.

lish some facts, and by his Letters to the Admiral he seems to think he sha be able to fix upon some of the Villains.

The behavior of the people during our stay at Newport was perfectly quiet and orderly; several of the Magistrates voluntarily offer their service to aid us in the execution of the Commission, but from the accounts whc I picked up of their Conduct, and speeches, I considered their offers no better than a disguise to come at the knowledge of such persons as might be accused, and then to aid their escape. so far from the Magistrates of the Colony being desirious to bring to light and punish the offenders, it is a fact that a Court of Oyer and Terminer has been holden in the County in which the Schooner was burnt, and no sort of notice was taken of it, either by the Court or Judge. I observed before as secrecy is now become a common cause, the Magistrate, or Officer, who sh show himself active in any prosecution against the offenders, w surely find himself out of place at the next election, and to have a share in the Government of this Noble Colony, is a most desirable object, and eagerly sought for. in short I must tell your Lordship in plain terms, that I am really of opinion no Magistrate or Officer of Rhode Island wa ever lend a hand to commit any person tho' ever so fully charged with the crime we have in view, to the Custody of Admiral Montague to be sent to England, there seems to be an universal abhorrence of such a proceeding not only in Rhode Island but in all the neighbouring Colonies in truth I am persuaded that nothing but an armed force wd effect it.

I ought to appologize for the length of my Letter and the hast in which it is written-I arrived at this place from Rhode Island yesterday in my way to NewJersey, and finding that a Packet will sail to morrow, I was willing to take this opportunity for writing to