Rhode Island and the Royal Commission of Inquiry

Yesterday I pointed to the upcoming sestercentennial of the attack on H.M.S. Gaspee, a Royal Navy ship patrolling Narragansett Bay for smugglers.

Some of Rhode Island‘s leading merchants were involved in some way in destroying that ship, including the Browns, the Greenes, Abraham Whipple, and the notorious Simeon Potter.

The organized attackers wounded a British military officer, Lt. William Dudingston, and destroyed a British warship. Some authors, especially from Rhode Island, view it as a prelude or even the first battle of the Revolutionary War. But as I wrote yesterday, it seems significant that this event, for all its bellicosity, didn’t lead to a broader crackdown and war.

One big reason is that the Crown had far less leverage in Rhode Island. That colony was one of only two in North America (the other being Connecticut) where citizens elected their governor via the legislature. In the other colonies, London chose the governor, and usually he arrived with no local allegiances or favors owed.

Furthermore, the Rhode Island legislature chose judges for each year. Elsewhere, the royal government appointed judges for life. And elsewhere those appointed royal governors also appointed sheriffs and justices of the peace.

Rhode Island’s unusual charter left the Crown with only two groups of officials who owed their position and thus their full allegiance to London: the Customs service and the Royal Navy. And of course those arms of government had limited local popularity, as shown by the fact that Rhode Islanders had just burned a naval schooner enforcing the Customs laws.

To investigate the attack, therefore, Lord North’s government set up a Royal Commission of Inquiry. The five officials appointed to it were:

• Peter Oliver, chief justice of Massachusetts.
• Robert Auchmuty, judge of the vice-admiralty court in Boston.
• Daniel Horsmanden, chief justice of New York.
• Frederick Smythe, chief justice of New Jersey.
• Joseph Wanton, governor of Rhode Island (shown above).

The first four men were already strong Loyalists. Wanton wasn’t yet in that camp, and he was also the only man with local knowledge. When Adm. John Montagu used testimony from an indentured servant named Aaron Briggs to demand an investigation of John Brown, Simeon Potter, and others, Wanton responded by collecting evidence that undercut what Briggs said. The commission’s investigation led nowhere.

Royal authorities in Massachusetts and London learned from the frustrations of the Gaspee inquiry and put those lessons into practice after the next big attack—the Boston Tea Party of December 1773. They didn’t wait for local authorities, even the more numerous and powerful Crown appointees, to identify individual malefactors. Instead, Parliament adopted the Boston Port Bill to pressure the whole town, installed a more forceful governor, sent in troops, and eventually tried to rewrite the provincial constitution.

Thus, for the Crown the main lesson of the Gaspee affair was what not to do.