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Gaspee Affair W L L Li~ M a Mckru L, Ttl·,"UI'" AII'>,:N T Ki}'L>O:Rg, .Llia,Or Nell T

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Gaspee Affair W L L Li~ M a Mckru L, Ttl·,,:N T Ki}'L>O:Rg, .Llia,Or Nell T" /> FEB R UARY 1<,1 9 2 Rhode Island History J'u1'>1>,l'>eJ 1'>,' Volume 50, Number I The Rh<..J( 1.I.anJ III t "n ~ a l <;"""e'V 110 IIntcvolen' "Ir~ rn"'I.kn~r Rhook I,W\J (llYO".- 11~2 anJ rnntnl bv a I!t'anl trom ,h" ~u'r 0/ Rn"Jc: l.lanJ anJ rr"v,.knce rlanlauun, CO NT El':TS Ilru~" G SunJiun. C.o,'~.. " a, hlccn ~ Conndl """nun" "j "'u,( "'h un e" A R"....nn" "". p'" "I..m R ,,~ e ' l Vall,,,re, , '"Ie.. pr...,dem Th"m ~, 1 Rnlh'. If, ""ep,nIJ"m N ~ m- v f"h". ChllJ;",,,ii, ,...n,·I"'" 3 N~ ne y K C ~ , ,, J y , "'''.,lmH ,,·..,,'WI\' The Uses of Law and the Gaspee Affair W l l li~ m A Mckru l, ttl·,"UI'" AII'>,:n T Ki}'l>o:rg, .llIa,or NEll t.. YORK HI LO ..... ' OF TlH 'llnfTY Carl ll"tknlull~ '>,Jnn V lam". An1U'/lCne F [),.'....nmK Rlcha. J" "howm~R Glenn \\ ....F.an'..,;.'" Rhode Island and the War of 1812 2.J rUl<ll' "'Till" Cll"l "'lITTfE HA RVE Y ST RU M lJwa.d , <;J"I '~' ch""m<l" 1'".1", Ik~ .k I"d A Cnh,," .......m aR S f ,en nK R"!><'r\ Allen Gr,..:n" l' ~ m " b A KenncJy W l ll , ~ m McK"nzle W""d.... arJ q",n Alben T " Iy'be,,o:. ,-du", Ilo:n' ", I 1U'II<"n. graphl'" ...1110' Ihllta"llldk•. mp' ..d'l'" C ,,,,IIl,,I;.,; h,,' (JI/o"al <l ,'am Th" Rh.-.k hland H"" ",u l "'-",'e'" a am"" "" n' 1"",,,I'>,h,,' J'" ,he .",m",", ,of e,mtnl>uw" IW! 1'1, rh< Rb.... I lan~ lh" nul s.",,.,.. k HOl lE I~ LA ''D HISTOR Y 1'11>,1'1.-.1 ,n Fein"." ' fa, A"...." and ' o. " m hoc, ,... The RI>",.I< I.I...,~ H" 'onul lHllll'f l~lA "'l) HISrORY IS" 0111' ~~I"I ,, "' .........und-Cw..I".. '.M , 'J .I p,,,,,Jen<' kh".1e lolond ~o<,~ m,mhoc" ,"' 'Kh .. " ... a' a .......hoc..I"r brncl" !no"'"."'.....1 ''''''''''1''''-''' kHOllE ISLA"O HISTO RY .oJ ,he Soc"",. ~ "etl. _.I..,.. ar< $20 (),l . ""...11. LD.h ,LdwJ «'fK' ot .....'n' ond "-:. ,'"-'.r<...,W>k'"wn <I lor $ " 00 "I""...."pu ....dOl"" ~,..tM...whoc ....' ,,, Alben T It""hoc~.-.I",, at ,he ......"", _ .. <;nW..tdrno <~ ,,, I< hnO< bI.N>4 H"'onc al Soc ...... t 10 _.-..len, ~'r«'I ....",...... , k"'do hI.nd O!__ ll~~ - /)1'\/f un mrt ,If,h,' ,\rh"on", (;0 'I'" III Ih" \ 'v'llt('T,\ ", Rh,,,I!'h/and, 1772 ,. l:n1:WI'IIlK hl'/ ROKN.\, n.d., "<I 'I'd "II a (l"IIlIIllK bv t Alr:l\'l'vlll /'uhlJ,ht'd h I' Vmue Emtrnnv ~) Companv. Nt·w YOlk RIII.~ Colin-Win IRlll XJ 1J',l/ The Uses of Law and the Gaspee Affair NEIL L YORK he Gaspee. artatr ha-, become a Iarrnhar mar ker alo ng the path that led to '][' the War 01 American independence. Burned to the wa terline before dawn on 10 June 1772, apparently bv umdcnnncd boarders who abo manhandled the cre w and reputedly shot n~ cummandcr, the Gaspee took on a symbolic Importance that extended ta r beyond the event.. of rhc moment. The HM S Gaspee, after all , was a Royal Navy ..chooncr ..ianoncd In Rhode bland warcrs to catch smu,q;lef'>; an arrack on it was an avcaulr on the f1a~ and therefore treason against the king. Although the Gaspee aifau i.... 1111 over..hadnwed In popular memorv bv the Boston Tea Party , most h i ~ to r i an s 01 the American Revoluuon PVI.: II a prorru­ ne nt place in their narranvcs. True, the Tea Par ty led to the much-resented "Coercive Act s," which m turn led to the First Commental Congre.... and, more mdirectlv, to the bloodlenmg at Lexington and Concord But the Gaspee'.. destruction hold ol lrea dy brought a roya l cornrmvsron of mquirv that pmrnprcd the formmg oj mrercolo ma l commuters 01 corres pondence. Even more rm portunr, the tare of the Gaspee, perhaps hetter than the Tea Parr y, reflected haste, mtractablc problems 01 vr nprre. cvpecr ullv confusion over the extent of local autonomy and h rmt -, ttl im perial authority.' The Gaspee ;Ittalr pined local " whig " law a ,t.:a l n.~t ;1I1 expa nding con ccpnon of imperial purview: future rcvolunonanes <l..:ain:.t future lovu lists and th eir British allic s.t h sho wed that law alone ca nnot rene hroken social bon ds. L IW, or at least law a-, it was interpreted hy 1I1 c;11 nnd imperial authonnes, cnnfuvcd rather than clarified issues in rhc Gaspee aff.ur, Furthermore, lac unae in th e sur ­ vivmg record should warn us ;l..:ains t u,ill": old na rrariv c forms to explain what happcncd.t Ouuc frankl y, grvrn th e Ir ;!):11lent<lry and incon clu sive evidence, we still do not know what transpired on th e (;a'~"Jl('c bcfotl'l1re cons umed it. For th ose wh o believe in dcs tinv, the Lite of the CIJ.',I't.'l' wa.. scaled trorn th e moment it arr ived in Na rragansett Bay, Rhode Island had a long-st anding reputation as a sm u~le rs ' den, and the bay, with its isl ands inlets, and pas­ sagcways. wa .. a nat ural hav en lor illicit trade. The co lony's sixty thousand or so inha bita nts were scattered alo ng the ma inland ..hores of the bay as well a.. on Its. islands. Providence had just ClVI' r lour thou..an d residents. while Newport boa st ed a population tw ice aslargc.' Hoth towns we re dom inated, socially and politically, by mcrchnnrs, and a fait nu rnhcr of thcm-c-mcludmg the wealthy Brown s of Providence- were not above smu,q;lin,t.: . Rhode I..lan d in general ~ell York I~.an .a~",I(I.alc proll:~...'r 01 was un der the sway oj men like the Brown.. and their aSSOCl;1Ies; they ama.....cd hl~IOr''' at Bngharn Youn/: Umvcrsuv the largest fonunes and either hel d the h ighest (1ihce~ or we re allied hy kin-hip H.' "I~hc~ W Ihank Peter Onul (It the an d interest to those who did. UmllcrMtll ot VH"lnla, 101;' Ttedmann ot Loyola ~b ry m tl u n l Unner~1ty, and Beginning m the middle 17Nh, rmpenal authonucs endeavored to reduce Richard Dea-v tit Providence Colle"c smuggling in Rhode Island and elsewhere in the colonies Smuggling had tor then ht:lp wuh this I:"".all become cmbarra.."ingly widespread dunog the French and Indian War, even .t TtI E US ES O f LAW A~\) T il l: (;IISI'ff- A FFAIf{ between colonial Arnen cans and rhcir ostensible french enemies in Can ada and th e w est Indies. Vicc-adrmraltv courts had been opnau ng in British Nort h America for th ree-quarter, 01 a century; new parliamentary legislation in 1767 expanded their range of authontv.eT hc extended reach of these courts fun her threaten ed the dominion ot local common-law coun.... wh ich u-cd jur ies to dec ide cases-unlike the vrcc.adnurahv cnun.... whose royally appointed rudgcs dec ided cases them ...elves. The Royal Navy, with more ships in American waters than In termer year .., was expected to a..si...t the vice-adm iralty iudges and customs inspectors who patrolled on shore. As an incentive to diligence, all could profit from any resulting connscauons: It quite literally paid to catch smugglers. By the time that the Gaspee amvcd in 1772, Royal Navy vessels and cutters licensed by customs had been ply ing Narragansett Bay regu larly for some eigh t years. The factions that dominated Rhod e Island politics closed ranks m opposing tighter enforcement 01 the navtgarum ..vstem. Local authorme.. did not help imperial officia ls do their lohs; even lohn Andrews, a Rhode Islander who had been appointed the first resident vicc-adnurahv judge for his colony In 17;8. did not let a royal appointment get In the way of hi.. provincial allegiance: few convictions came Irorn his bench. Rhode lsla nders had lost their fight to keep vice-admi ralty courts ou t of the colony when It was bro ught within the umsdic­ tion of the Boston co un in 1704 They co uld take solace that Andrews, at lea..r. was one of the ir own. Paradox icall y eno ugh. Andrew s may have reinforced the tend enc y of Rhode Islanders to ..ee th em selv es as bcvond the reach o j imperia l law because. with hi s appointment. impcnal law had bee n localized. There were nu merous confromauons bet ween local residen ts and imperial authorities before th e Gaspee arrived in Rhode Islan d. In 1771 customs collec tor Ch arles D udley was bea te n .IS he hoarded a vessel in Newport. and he subsequently co mplamed ro the Briti sh sec retar y of slate for American affairs, th e carl of Hi llsborough , Looking ior an excuse to vent his own frustrations. Hillsborough notified Governor Joseph Wanton that he had received many criticisms about "the neglect of 1I1e governors and civil magistrates, in giving th eir assistance and protection" tomcrnbcrs of cu stoms.
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