USA > Georgia > The history of Georgia: containing brief sketches of the most remarkable events, up to the present day, Vol. II > Part 7
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The hope was still cherished by the garrison, that, reinforcement was at hand, and the moment .
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tas looked for with anxiety, when they were to join their countrymen in the open field against the enemy. About three o'clock, another de- mand was made for the surrender of the garrison. Winn thought it important to gain time, and wasted away two hours in consultation with his officers. Despairing of the arrival of a reinforce- ment, and finding upon examination that his ammunition was nearly expended, and that he had not more provision than would last one day, he found his condition too critical to risk a con- tinuance of defence, beyond the time allowed for the arrival of assistance, which he now considered as having elapsed. Under these unpropitious prospects, he thought it best to accept the most advantageous tern s which could be obtained, before he was reduced to the necessity of an un- conditional surrender, for want of the means of defence.
Captain Winn proposed a personal conference with colonel Fuser, and it was agreed to meet up- on a middle ground between the fort and the ene- my. The articles of capitulation were drawn up and agreed to, except one that was offered by cap- tain Winn, which perhaps, under any other cir- cumstances, would not have been considered ne- cessary. It required, " that for the further safety of the prisoners against Indian treachery, a com- plete company of British regulars, should escort them to the Alatamaha, opposite to fort Howe, and that the British commander should be res-
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ponsible for the conduct of the Indians and Flori- da rangers toward the prisoners." Fuser peremp- torily rejected this article, and refused to become responsible, except for the conduct of the British regulars. This language suggested more strong- ly to the mind of Winn, the necessity of this ar- ticle's being incorporated, and he peremptorily refused to surrender, if it was rejected. He ad- verted to the fatal consequences which had result- ed from the surrender of a fort on the borders of Canada, under similar circumstances, where the prisoners were delivered up to the Indians, and murdered. He also suggested the cruelty which he had good grounds to expect from such cha- racters as Brown, Cunningham, and M'Girth, aid- ed by the savage disposition of Cussuppa, the chief and commander of the Creek Indians. As he was taking his leave, he added, that he did not despair of defending the fort until he was re- inforced.
When Winn represented these circumstances to his command, they united in the determination to defend the fort, and die honorably. While the garrison expected a re-commencement of hostili- ties, Fuser renewed the negociation to surrender, agreeing to introduce the article which he had previously rejected, upon which the garrison sur. rendered.
The terms of capitulation, were, that the gar- rison should not take up arms in the American cause, until regularly exchanged, and that lieute-
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nants John Milton, and William Caldwell, should be surrendered as hostages, for the performance of the stipulations contained in the articles of capi- tulation. It was also agreed to allow the hosta- ges all the privileges due to their rank as com- missioned officers of the continental army. These officers were taken to St. Augustine, where they were confined in the castle for nine months, be- fore they were exchanged.
About sun-set, captain Winn and lieutenant Toles marched out and surrendered the garrison in due form, and after passing through the cus- tomary ceremonies, and having their side arms restored, they proceeded about two miles in the direction of fort Howe, under an escort, where they encamped for the night. Early in the even- ing, the British officers and soldiers who com- posed the guard, gradually disappeared, and un- der various pretexts, returned in small parties to the British camp. Before ten o'clock, the Ame- rican prisoners were left without a guard. Re- monstrances against this procedure, were treated with contempt and ridiculed by the officers of the guard, alleging that any apprehension of danger, was without foundation. Having a correct idea of the Indian character, Winn suspected that some treachery was about to be practised upon his men, who were left without protection, or the means of defence. He roused up his men, and to avoid falling into the hands of the Indians, took a direction through the woods for fort Howe, and
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after passing through bays, swamps, and ponds, about thirty-five miles, which had probably never been traversed before by any human being, he reached fort Howe the next day about ten o'clock.
Though a young officer, captain Winn had distinguished himself at Sullivan's island, on the 28th of June 1776, under the command of colo- nel Moultrie. This circumstance, added to the firm and manly tone, in which he demanded the means of safety for himself and his command; probably saved him from a similar fate, to those unfortunate American prisoners, who afterward fell into the hands of colonel Brown, after the first attack made by the Americans at Augusta, which will be noticed hereafter. Apprehensive, that preparations were making in Georgia, to mec: Fuser with a superior force, he returned to East- Florida.
The objects contemplated by erecting a fort en Sattilla river, so far in advance of the line of defence, on the north-east side of Alatamaha, is not well understood. It is probable that the secu- rity of the numerous herds of cattle, which rang. red between those two rivers, was the only reason that could be assigned. The situation was well chosen for this purpose, if it had been strongly garrisoned.
During the session of the assembly in Savan- nah, a resolution was passed to add three battal- ions of infantry, and a squadron of dragoons, to the Georgia troops on the continental establish.
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ment, and form it into a brigade ; of which colo- nel Lachlan M'Intosh was appointed brigadier- general, to take rank from the 16th of September 1776. The supernumerary field officers in the se- cond, third, and fourth battalions, were appointed to fill the vacancies, made by the promotions of M'Intosh and Elbert of the first. It would be as difficult as it would be unnecessary, to notice the promotions which were made during a seven years war.
CHAPTER V.
IN obedience to the proclamation of the pre- sident of the provincial council, the members of the convention met in Savannah, to form a consti- tution for the future government of the state ; which was not completed until the 5th of Febru- ary. The fundamental principles of this consti- tution, were, the final dissolution - of all political connection with the crown of Great-Britain ; the recommendation of congress to form a consti- tution ; and the declaration of the independence of the United States. The legislative, execu. tive, and judiciary departments of the govern- ment, to be separate and distinct. The governor to have the chief command over the naval and land forces of the state, and to be aided in the
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executive functions of the government, by a coun. cil consisting of two members from each county, to be chosen from the county representatives by the legislature. The representatives to be chosen annually by the people. 'The state was divided into eight counties, in each of which a superior court was to be held twice a year, under the con- trol of the chief justice of the state, and three or more justices or the county. The delegates to the congress of the United-States, to be elected by the legislature, annually, and to have a right to sit, debate, and vote in the house of assembly of the state. The assembly to meet annually, on the first Tuesday in January ; but the governor, with the advice of the executive council, had the power to call a meeting of the assembly at any other time, if any extraordinary occasion should render it necessary. The principles of the habeas
corpus, to be a part of the constitution. The freedom of the press, and trial by jury, to remain inviolate forever. The constitution has since, undergone several alterations.
Soon after the adjournment of the conven. tion, the state sustained the loss of one of her most valuable citizens, in the decease of the hon- ourable Archibald Bulloch, president of the pro- vincial council. He had filled the most important offices that the state could confer upon him ; and by his mild, firm, and dignified deportment, com. manded the respect and esteem of his fellow-citi- zens. He was one of the four gentlemen whe
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invited the republicans of Georgia, to rally round the standard of freedom, at the liberty pole in Sa- vannah. The remainder of his useful life, was ardently and zealously devoted to the union of Georgia with the other states in the common cause. He announced the declaration of inde- pendence, during his executive administration, and aided in the formation of a constitution for its government.
The following extract from one of his letters, evidences the enthusiasm of his disposition to discountenance the habits of official pomp, which in his opinion did not correspond with the prin- ciples of a republican government. The com- manding officer of the continental troops in Sa- vannah, deeming it a compliment due to his high station, as president of the state council, had fur. nished him with a life guard in time of war; and posted a sentinel at his door, and an orderly to attend his person : after requesting that the guard should be withdrawn, he says, " I act for a free peo- ple, in whom I have the most entire confidence, and I wish upon all occasions to avoid the ap- pearances of ostentation."
On the 22d of February, Button Gwinnett, was chosen president of the council, and Edward Langworthy, secretary. The situation of public affairs, after the adoption of the constitution, re- quired that no time should be lost in calling a meeting of the legislature. The president issued a proclamation, requiring the election of members
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in the several counties, and that the assembly should convene on the first Tuesday in May.
It was to be expected that in framing a new system of government, the duties and powers of its component parts, would not be well understood. Jealousies arose between those who were placed at the heads of the different departments ; parti cularly between the civil and military. President Gwinnett and colonel M'Intosh had been candi- dates for the appointment of brigadier-general, to command the four continental battalions or regi- ments, raised and to be raised in Georgia. The friends of these gentlemen had warmly interested themselves for their favourite candidate, and some ill-natured comments had escaped from them, respecting the political and military talents of each other. M'Intosh was finally the successful can- didate. Gwinnett had the address to gain over to his interest, a large majority of the executive council; and in order to mortify the military pride of his adversary, endeavoured to impress the public mind with the dangerous consequences of vesting military commanders and courts-mar- tial, with the exercise of any power, which could be withheld from them, and exercised by the civil authority.
This ill-judged system was often complained of by general Washington, who frequently fett the baleful effects of its influence. The exercise of the powers assumed by Gwinnett, over the army, produced the contempt and disrespect of some of
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the inferior officers toward the general, and des- troyed the basis of military discipline. When any of the officers were charged with offences, civ- il or military, Gwinnett claimed the right of try- ing the offenders before the executive council. If an officer was ordered on command or detach- ment, he was selected by, and received his orders from the president and council. Gwinnett pro- jected an expedition against East-Florida, which he contemplated carrying on with the militia and continental troops, and without consulting gene- ral M'Intosh upon the subject, or giving him the command of his own brigade. He had a num- ber of printed proclamations prepared, to be issued so soon as he should cross St. Mary's river, and hoist the standard of liberty in that pro- vince ; and was of opinion that there was nothing necessary for the accomplishment of this object, but the show of an army, with a man of talents at its head, to encourage the people of that province to change its government.
This expedition was to be commanded by Gwinnett in person. The province contained but few actual inhabitants, and those were gene- rally warm advocates for the government of the crown of Great-Britain. The strength of East- Florida, consisted of loyal refugees from the two Carolinas and Georgia, No reliance was placed upon the produce of the province, for subsistence or forage. Rice was plundered from the planters on the sea-coast ; and the forest between Alata-
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maha and St. Mary's, abounded with horned cat. tle. From these circumstances, the chimerical plan of Gwinnett was discountenanced by his friends, and relinquished.
A brother of general M'Intosh, who had em- barked with great zeal in the American cause, had engaged in a speculation with a British mer- chant, and despatched some vessels laden with rice and flour to Surinam, for which he had a licence from the committee of safety. The British mer. chant had procured other clearances from St. Augustine, for the same vessels, to proceed to British ports. If this circumstance was known to Mr. George M'Intosh, Mr. Houstoun, and Mr. Bailie, who were concerned in the speculation, it was a direct violation of the resolution of con- gress, which prohibited all intercourse with the enemy. In order to mortify general M'Intosh, and destroy his influence and military pride, his brother became an object of Gwinnett's particu- lar resentment and persecution. His utmost ex. ertions were used to make unfavourable impres- sions on the public mind, against the political principles of the general ; asserting that it was dangerous to entrust him with a military commis- sion of such high grade.
Notwithstanding the courage and bravery of which M'Intosh had given ample proofs, in every instance where they had been tested ; he appears to have been opposed from principle, to affairs in single combat : but on this occasion he was ob-
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liged to yield to his feelings and the public opin- ion. At the meeting of the general assembly, on the 8th of May, John Adam Truitlen, opposed Gwinnett for the government of Georgia, and the appointment was confered upon him by a large majority. General M'Intosh remarked in pre- sence of the council, that Gwinnett was a scoun- drel, and that he was gratified at Truitlen's elec- tion. On the 15th, Gwinnett sent M'Intosh a challenge, demanding a meeting the next morn- ing at sun-rise, to give him satisfaction. They met accordingly and exchanged a shot at the short distance of twelve feet ; both were wounded near the same part in the thigh. M'Intosh recovered, but Gwinnett's wound proved mortal, and he died on the twelfth day after the combat.
Gwinnett appears to have been a man of con .. siderable literary talents, but hasty in his decisions, overbearing in his temper, and wild and excentric in his plans. The outlines of the constitution of Georgia were attributed to his pen, and he was in congress at the time independence was declar- ed, and subscribed to that ever to be remembered instrument of freedom.
Though general M'Intosh appears to have been drawn into this duel, without his own ap- proval of such a resort, yet the friends of Gwinnett ·were not satisfied with the issue. Mr. Hall and Mr. Wood, who were members of the executive council, brought up the subject before the legis- lature, and charged the county magistrates, and
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more particularly judge Glen, with neglect of duty, because M'Intosh had not been bound over to stand his trial for the murder of his opponent. Upon hearing the course which was about to be pursued, general M'Intosh surrendered himself to the judge; was bound over for his appearance, tried and acquitted.
Colonel Walton of Georgia, and colonel Lau- rens of South-Carolina, who were then in con- gress at Philadelphia, and appear to have been the particular friends of general M'Intosh, were apprehensive that the party divisions in Georgia, might terminate injuriously to the American cause. These gentlemen apprized general M'In- tosh of their apprehensions, and requested his permission to apply to general Washington, to give him a command in the northern army, until the existing differences should subside. M'In- tosh reluctantly yielded to a removal from his own state, so long as it required the services of an offi- cer of his own rank ; but he submitted to it, under the influence of those political motives which had been offered by his friends.
About this time, the hostile temper of the In- dians against the frontiers of New-York, Penn- sylvania, and Virginia, required that a brigade should be distributed into small garrisons, to co- ver that extensive country, and check the incur. sions of that much dreaded enemy. M'Intosh's experience and knowledge of the Indian charac- ter, induced general Washington to select him . for this command.
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On the 6th of August, the commander in chief ordered general M'Intosh to repair to head quarters, for the purpose of receiving further orders to proceed to Pittsburgh, and take the command of the brigade destined for that service, north-west of the Allegany mountains. He was directed to select two officers, from his own bri- gade, to act in the capacities of deputy adjutant general and brigade-major, who were to consti- tute his suite. Captains Lachlan M'Intosh and John Berrien were appointed to these offices, and the general proceeded to head quarters, and thence to Pittsburgh. He did not return to Georgia un- til July 1778.
At the commencement of the contest between the colonies and Great-Britain, Mr. George M'In- tosh, brother to the general, had taken an active share in it, on the part of his country, and had been appointed a member of the committee of safety, in the parish of St. John, afterward Liber. ty county. In the month of May 1776, William Panton, a British merchant, brought into Sunbu- ry a quantity of goods, such as planes, osna- burghs, salt, sugar, &c. Panton finding that these articles were in great demand, solicited permis- sion from the committee to dispose of them, and to receive rice in return, The committee con- sented to his proposal, if he would give bond and security, agreeably to the resolution of congress, that the rice and other produce should not be landed in any port, subject to Great-Britain.
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Mr. George M'Intosh, Sir Patrick Houstoun, and George Bailie, also applied to the committee, and obtained permission to ship rice to Surinam, giving bond and security, that it should not be landed in a British port. They had purchased from Panton, goods to a considerable amount, and gave bills of exchange, signed by Patrick Houstoun and George Bailie, on their consignee, at Surinam, for payment. The vessels were re- gularly cleared out at Sunbury, but papers chang- ing the character and destination of these vessels, had been previously furnished by governor To- nyn of East-Florida, and all the cargoes were car. ried into British ports. Every effort made, bot!) by the friends and enemies of M'Intosh, to ob- tain evidence from Tonyn upon this subject, fail- ed. Whether his motives were to excite sus, picion, and cherish party divisions in Georgia ; or whether he was unwilling to commit himself, by a contradiction of the assertions he had made in a letter, to Lord George Germain, founded up- on the loose observations which Panton said had fallen from him in the presence of the governor ; has never been made known to the public, nor would he assign any reason for withholding it. Charges were afterward exhibited against George W'Intesh, founded on the letter above-mentioned, which was intercepted at sea, and transmitted to the president and council of Georgia. The fol, lowing is an extract. " I had also the honour to write to your Lordship, that I expected from sun,
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dry: places, supplies of provisions, but have not so effectually succeeded in any of them, as I have in those taken up by Mr. Panton. He has now brought four hundred barrels of rice into St. John's river : one thousand more are shipped, and expected to arrive every hour. Mr. Panton executed this business with great hazard to his life and fortune. He has been greatly assisted by Mr. George M'Intosh, who is compelled to a tacit acquiescence with the distempered times, and is one of the rebel congress from Georgia, intention- ally to mollify and temporize, and to be of all the use in his power. I am informed that his prin- ciples are a loyal attachment to the king and con- stitution. He would, my Lord, be in a danger- ous situation, was this known." There does not appear to have been any grounds for the as- sertion made by Tonyn, respecting the great haz- ard to which Panton had exposed his life, nor had Mr. M'Intosh ever been a member of congress. The masters of the brig, the schooner, and the sloop, which had been freighted, appeared before the council and deposed, that these vessels were laden with rice and flour, by Sir Patrick Hous- toun,. George M'Intosh, and Robert Bailie, and that they sailed under a clearance for Surinam ; but that they were afterward boarded in the mouth of Sapelo river, near the bar, by William Panton, who observed that the cargoes belonged to.him, and that they must change their destination for British ports. Accordingly the brig was ordered
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to proceed to the West-Indies, the schooner to St. Augustine, and the sloop to St. John's river. The witnesses disavowed having any instructions or authority to this effect by the shippers, but that they were informed, that Panton had bills of exchange for the proceeds of these cargoes, upon the consignee at Surinam; and that in conse- quence of such information, and Panton's exhibit- ing the bills signed by Houstoun and Bailie, they had consented to obey his instructions.
On the 8th of January, George M'Intosh was seized by order of the president and council, and lodged in prison, where he remained several months, before he was admitted to bail. The powers of the judiciary, to interfere by habeas corpus, were questioned by the executive, alleg- ing that this was an offence against the United- States, over which the judge of an individual state had no jurisdiction. It was contended on the other side, that if the power was not vested in the judiciary of an individual state, neither was it vested in the executive of an individual state ; therefore the case could only be decided by con- gress.
It appeared from the depositions of John Per- roneau, and George Bellenger, that they had conversed with William Panton in Augustine, upon the subject of M'Intosh's prosecution. Pan- ton observed, " That he lamented the unfortunate situation of M'Intosh, because he believed him to be entirely innocent of the charges alleged
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against him : that he had merely represented Mr. M'Intosh to governor Tonyn, as a man of honour and principle, and that he believed him to be sin- cerely attached to the rights and liberties of Ame- rica." These depositions and many others were taken before judge Glen, on the part of M'Intosh, to invalidate the extract of Tonyn's letter to Lord George Germain. Bailie and Houstoun, were both placed upon the bill of confiscation and ban- ishment: M'Intosh was not. M'Intosh was rigor- ously prosecuted ; while no notice whatever was taken of Houstoun or Bailie. The warm inter- est which appears to have been taken by Jona- than Bryan, John Wereat, and Henry Laurens, in their letters to several members of congress, appears to place the innocence of M'Intosh, be- yond a doubt. These gentlemen represent the
prosecution of M'Intosh, as the growth of party dispute, in which George M'Intosh is made the victim of gratification, to the vengeance of the ge- neral's enemies. In addition to his personal suf- ferings, his property was carried. off before he was brought to trial, and squandered in such way, that his heirs have never been able to collect it. When he was admitted to bail, he took his depar- ture for the head quarters of the United States, with the intention of laying his case before con- 'gress : he was pursued and overtaken in North- Carolina, by a military party, commanded by cap- tain Nash, who was directed to take him a prisoner and carry him to congress. Nash was taken sick
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