Dudingston had not fought to his own death, and he had surrendered his ship.
In making his initial report to his superior,
Admiral Montague, Dudingston may well have had in mind the Royal Navy
Regulations under which he would be tried at court martial. It was a
matter of Royal Navy procedure that every captain who lost a ship would be tried
in a court martial, to determine if there should be punishment for
improper command. The 10th section of the Regulations specified:
|
Every flag officer, captain
and commander in the fleet, who, upon signal or order of fight, or sight
of any ship or ships which it may be his duty to engage, or who, upon
likelihood of engagement, shall not make the necessary preparations for
fight, and shall not in his own person, and according to his place,
encourage the inferior officers and men to fight courageously, shall
suffer death, or such other punishment, as from the nature and degree of
the offence a court martial shall deem him to deserve; and if any person
in the fleet shall treacherously or cowardly yield or cry for quarter,
every person so offending, and being convicted thereof by the sentence of
a court martial, shall suffer death. |
Because the legal background may have influenced statements of Dudingston contains,
we repeat his report here, but inject [in brackets] some commentary of ours
on what he reported to his commander in the Navy.

SIR: On Wednesday morning about one o'clock, as His
Majesty's schooner was lying upon a spite of land called Nancutt, the sentinels
discovered a number of boats coming down the river toward 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.
[Note. Dudingston does not say that his boat was
accidentally grounded. It was a capital offense ( subject to court martial
with a death penalty possible) under the English Navy Articles for a ship
commander to allow his ship to be damaged or lost by being grounded because of
negligence of the commander. If we assume
that Captain Lindsay was correct in reporting that Dudingston had accidentally
grounded the Gaspee in the chase of the Hanna, then Dudingston is putting the
best possible face on the matter, by ignoring how his ship came to be "lying
upon a spite of land". Later, in his court martial, Dudingston's crew
testified that they were scraping the ship of barnacles, which implied a
deliberate grounding of the ship, in liu of a dry dock, for the purpose of good
maintenance of the ship.
Later, this point would be important to the
English legal authorities. There was a recently enacted statute of Parliament
that made it a treasonable offense, punishable by death, to injure
an English ship in dry-dock No such penalty existed for injuring an
English ship that was floating in the water or aground for anything other than
dry-dock repair. As the Gaspee matter progressed, the English navy kept
more and more emphasizing the idea of the Gaspee being grounded for scrapping of
the ship bottom, and there was absolutely no mention by the English navy
officials, or crews, of
an accidental grounding during the chase of the Hannah. There was no doubt Admiral Montague
wanted the colonists responsible hung, and he certainly would
not suggest to the officials back in London that there was an accidental
grounding, which would relieve the Gaspee attackers from the death penalty for
injuring "a ship in dry-dock".]
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 set up a halloo 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 of
the 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 oppose them,
and making a stroke with my sword, at the man who was attempting to come up, at
that instant I found myself disabled 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 upon deck, they ordered me to beg my life and
commanded the people to surrender. As I saw there was no possibility of
defending the vessel against such numbers, who were in every respect armed and
commanded with regularity, 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 people around 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 ordered them into
different boats.
I then begged they would either dispatch me or suffer
my wounds to be dressed. Upon that they allowed 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 furnished with drops and began to scrape lint for that purpose.
During this time I had the opportunity of observing the
persons of about a dozen who were in the cabin. They appeared 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 handing me up to go on the boat, they threw them
overboard, or into some of the boats.
[Note: There would be three distinguishing features which Dudingston could
have used to come to the conclusion that they were "merchants and masters of
vessels". One would be the manner of dress, which would be better than the
common man. Second would be what they said and acted. Third would be
what they said. These last two reasons for the persons being "merchants
and masters of vessels" would be the logical reasoning of Dudingston from a
number of persons making some organized and quick "reading and examining" of
Dudingston's papers. It is this immediate and quick "reading and
examining" which starts
a reasonable theory that the Americans were expecting to find something --
or not find something -- in the papers. They wanted to make the
examination of papers before they decided what final action to take on
the Gaspee that night.
John Brown later said that saw to it that
everything was destroyed, so that there would be no evidence of who had been
involved, by some person taking an item back as a "souvenier". It was
the men in the cabin who were in charge of the events, and so Dudingston would
have seen them going to the rail and throwing things "down" (into the water we
assume, whereas Dudingston would assume they were being thrown into boats
below his view) to prevent any "souvenier" leaving the ship.]
I was soon afterwards thrust into a boat, almost naked.
During the time they were rowing me on shore, I had the opportunity of observing
the boat, which appeared to me to be a very large longboat. 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 anything saved. I made answer
whatever reparation law would give I was ready and willing; as to my things they
might do with them as they pleased. They were accordingly going to land me on
this neck, which I told them they had better throw me overboard.
One man, who had a little more humanity than any of the
rest said they had better land me on the point of Pawtuxet. As I was unable to
stand they unbound five of the 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 exclaimed, 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
dispatched to Providence for a surgeon.
A little after the people joined me with a midshipman;
all of whom I could persuade I sent on board His Majesty's sloop BEAVER.
The schooner is utterly destroyed and everything
appertaining to her, me and the schooner's company. If I live I am not without
hope of being able to convict some of principal people that were with them. The
pain, with the loss of blood rendered me incapable of informing you before of
the particulars. There are none of the people anyways wounded, but bruised with
handspikes.
I am Sir,
Your most Humble Servant,
W. Dudingston.