Charges and investigative commission Previous attacks by the Americans on British naval vessels had gone unpunished. In one case, a customs yacht had been destroyed by fire with no administrative response. But in 1772, the Admiralty would not ignore the destruction of one of its military vessels on station. The
American Department consulted the solicitor and attorneys general, who investigated and advised the
Privy Council on the legal and constitutional options available. These included charges of
arson in royal dockyards, but the idea was dismissed as not legally credible, as HMS
Gaspee was not in a dockyard when she was burned. The Crown turned to a centuries-old institution of investigation: the
Royal Commission of Inquiry, made up of the chiefs of the supreme courts of Massachusetts, New York, and New Jersey, the judge of the vice-admiralty of Boston, and Rhode Island Governor Wanton. The Dockyard Act passed in April 1772 demands that anyone suspected of burning British ships should be extradited and tried in England; however, ''Gaspee's'' raiders were charged with treason. The task of the commission was to determine which colonists had sufficient evidence against them to warrant shipping them to England for trial. The commission was unable to obtain sufficient evidence and declared their inability to deal with the case. The British authorities called for the apprehension and trial of the people responsible for shooting Duddingston and destroying
Gaspee. Governor Wanton and Deputy Governor Sessions echoed those same sentiments, but they lacked any enthusiasm for punishing their fellow Rhode Islanders. William Dickinson the British midshipman from HMS
Gaspee described the attackers as "merchants and masters of vessels, who were at my bureau reading and examining my papers." Admiral Montagu wrote to Wanton on July 8, nearly a month after the burning of the schooner, and utilized the account of Aaron Briggs, an indentured servant claiming to have participated in the June 9 burning. Montagu identified five Rhode Islanders, in varying levels of detail, whom he wanted Wanton to investigate and bring to justice:
John Brown, Joseph Brown, Simeon Potter, Dr. Weeks, and Richmond. Wanton responded to this demand by examining the claims made by Briggs. Samuel Tompkins and Samuel Thurston, the proprietors of the
Prudence Island farm where Briggs worked, gave testimony challenging his account of June 9. Both men stated that Briggs had been present at work the evening of June 9 and early in the morning on June 10. Additionally, Wanton received further evidence from two other indentured servants working with Briggs, and both stated that Briggs had been present throughout the night in question. Thus, Wanton believed that Briggs was an imposter. Duddingston and Montagu challenged Wanton's assertions, Montagu saying that "it is clear to me from many corroborating circumstances, that he is no imposter." Montagu wrote to the Admiralty September 2, 1772 requesting a dozen Books of Instructions to be sent out, "that the young Gentlemen that are made officers may have no excuse for not knowing their Duty"
Whig response Colonial
Whigs were alarmed at the prospect of Americans being sent to England for trial, and a
committee of correspondence was formed in Boston to consult on the crisis. In Virginia, the
House of Burgesses was so alarmed that they also formed an inter-colonial committee of correspondence to consult with similar committees throughout the Thirteen Colonies. Reverend
John Allen preached a sermon at the Second Baptist Church in Boston which utilized the
Gaspee affair to warn about greedy monarchs, corrupt judges, and conspiracies in the London government. This sermon was printed seven different times in four colonial cities, becoming one of the most popular pamphlets of Colonial America. == Legacy ==