The History of Georgia By Charles C. Jones Volume II - Revolutionary Epoch, 1888 Submitted by: Dena Whitesell Updated by: Angela D. Bagley-Marianchuk 07/16/08 CHAPTER XIII pages 252-272 In obedience to the proclamation and circular letter of President Bulloch, the various parishes of Georgia, within the specified time, proceeded to the election of delegates to the constitutional convention which was ordered to assemble in Savannah on the first Tuesday in October, 1776. These delegates were men of repute in the communities from which they came. They had been carefully chosen, were pronounced friends of liberty, and were not insensible to the weighty obligations resting upon them. At this crisis of the nation's fate so numerous were the subjects claiming the attention of the convention, and so exhaustive were its deliberations, it was not until the 5th of February, 1777, that satisfactory conclusions were reached, and that the constitution was promulgated which for twelve years defined and supported the rights of Georgia as an independent State. The preamble of this instrument1 reads as follows: " Whereas the conduct of the Legislature of Great Britain for many years past has been so oppressive to the people of America that of late years they have plainly declared and asserted a right to raise taxes upon the people of America and to make laws to bind them in all cases whatsoever without their consent; which conduct least twelve months in Georgia and three months in the county which they were severally selected to represent. They were to be of the Protestant religion, at least twenty-one years of age, and possessed in their own right of two hundred and fifty acres of land, or of property to the value of two hundred and fifty pounds. To the freeholders of Glynn and Camden who, on account of their proximity to Florida, were in a state of constant alarm, was accorded the privilege of electing one representative each from some other county until their affairs were in a more settled condition. The first Tuesday in January in each year, and the town of Savannah, or such other place as the House of Assembly for the time being should direct, were named as the time and place for the annual convocation of the legislature. On the first day of their meeting the representatives were directed to proceed to the choice of a governor, whose title should be Honorable and to the election of an executive council to be selected from their own number. These elections were to be ascertained by ballot. There were to be two members of this executive council from each county entitled to send ten representatives. The executive council being thus selected, the remaining representatives constituted the House of Assembly; and a majority of such members was declared competent for the transaction of business. At least one member of the executive council from each county was required to be in constant attendance at the residence of the governor. All members were entitled to be present if they so desired; and, in the performance of this service, they could rotate with each other for a longer or shorter period as they might agree among themselves. Each House of Assembly was to expire annually on the first Monday in December. Parishes were abolished and counties erected in their stead. The ceded lands north of the Ogeechee were formed into a county and named Wilkes. The parish of St. Paul constituted a second county, and was called Richmond. A third county was erected out of the parish of St. George, and named Burke. The parish of St. Matthew and that part of St. Philip lying above the Cannouchee River were consolidated into a fourth county called Effingham. Christ Church Parish and that part of the parish of St. Philip lying below the Cannouchee River were united into a fifth county, and named Chatham. By the union of the parishes of St. John, St. Andrew, and St. James was the county of Liberty formed. The parishes of St. David and St. Patrick were made to constitute a seventh county which was named Gtynn. The eighth county, called Camden, was composed of the parishes of St. Thomas and St. Mary. On account of the paucity of their population the counties of Glynn and Camden were declared entitled to only one representative each. The county of Liberty, being composed of three populous and wealthy parishes, was allowed fourteen members in the House of Assembly. Each of the other counties was permitted to send ten representatives. The port and town of Savannah were allowed four members to represent their trade. For the same reason two members were accorded to the port and town of Sunbury. It will be perceived that in naming these counties the convention was not unmindful of the debt of gratitude which Georgia, in common with her sister American colonies, owed to distinguished statesmen and friends in England who had espoused the cause of justice, humanity, and liberty. As a tribute to the early and conspicuous devotion of the citizens of St. John's Parish to the cause of freedom, the consolidated parishes of St. John, St. Andrew, and St. James were called Liberty County. In the case of counties subsequently to be laid out by order of the House of Assembly it was ordained that " at their first institution each county shall have one member, provided the inhabitants of the said county shall have ten electors; and if thirty, they shall have two; if forty, three; if sixty, four; if eighty, six; if one hundred and upwards, ten ; at which time two executive Councillors shall be chosen from them as is directed for the other counties." With the House of Assembly rested the power to frame laws and regulations conducive to the good order and well-being of the State, to repeal such as proved injurious to the people, to choose its own speaker, appoint its own officers, settle its own rules of procedure, issue writs of election for supplying vacancies, and to authorize such adjournments within the year as it might deem proper. Except in cases of great necessity and danger, every law or ordinance was to be read three times and on three separate days. After the second reading it was to be sent to the executive council for perusal and advice. The following is the clause prescribing the qualification of voters: " All male white inhabitants of the age of twenty-one years, and possessed in his own right of ten pounds value, and liable to pay tax in this State, or being of any mechanic trade, and who shall have been resident six months in this State, shall have a right to vote at all elections for representatives or any other officers herein agreed to be chosen by the people at large: and every person having a right to vote at any election shall vote by ballot personally." Freedom from arrest while going to, attending at, and departing from the election precincts was guaranteed. No officer or soldier was permitted to appear at the polls in a military capacity. All elections were declared free and open. Voting more than once on any occasion was forbidden, and the voter was enjoined to cast his vote in the county of his residence. No one holding any title of nobility was permitted either to vote for representatives or to hold any post of honor, profit, or trust in Georgia until he had renounced such distinction in a manner to be pointed out by the legislature. Every person absenting himself from an election and neglecting to deposit his ballot, except for just cause, was declared liable to pay a fine not exceeding five pounds. The ballots cast for representatives were to be taken by two or more justices of the peace in each county, whose duty it was to provide a convenient box for receiving them. Upon closing the polls the ballots were to be publicly compared with the list of voters which had been kept, and the result of the election was to be immediately thereafter declared. Certificates were then to be given to the persons elected, and like certificates were to be returned to the House of Representatives. Continental delegates were to be appointed annually by ballot. They had a right to sit, debate, and vote in the House of Assembly, and to be deemed members thereof. No person holding any post of profit under Georgia, or any military commission other than in the State's militia, was competent for election as a representative. If any representative accepted any such place of profit or military commission, his seat in the House of Assembly became, eo instanti, vacant. The office of a justice of the peace was not reckoned a post of profit. No one was permitted to hold at the same time more than one office of profit within the gift of the State. The executive powers of the government were confided to the governor, who was to exercise them under the advice of the executive council. Authorized to reprieve a criminal or to suspend the collection of a fine, he was required to refer the question of pardon or remission to the House of Assembly, whose determination was conclusive. With the advice of the executive council he possessed the power to convoke the House of Assembly upon an emergency, and to fill all vacancies occurring prior to general elections. All commissions, civil and military, were issued by him under his hand and the great seal of state. Except when they were considering laws and ordinances submitted by the House of Assembly, it was made the duty of the governor to preside at all meetings of the executive council. He was to be elected annually by ballot, and was not eligible to office more than one year out of three. During his term of office he was debarred from holding any military position whatever, and was compelled to reside at such place as the House of Assembly for the time being should direct. No person was eligible for the office of governor who had not been for three years a resident of the State. The executive council was required to meet the day after election and to select a president out of and from its own membership. It was vested with power to appoint its own officers and to frame rules for its procedure. In all deliberations of council the vote was to be taken by counties, and not individually. It was the privilege of each member of council, within three days after a measure was discussed and determined upon, to have his protest formally entered. During sessions of the assembly it was made the duty of all the members of council to be present that they might examine the laws and ordinances submitted by the House of Assembly. Laws and ordinances so referred were to be returned within five days with any remarks the council deemed it proper to make in reference to them. Committees from council, sent to the House with proposed amendments to any law or ordinance, were required to deliver their reasons for such amendments, " sitting and covered," the House at the time, with the exception of the speaker, being uncovered. In the absence or during the illness of the governor, the exercise of his powers devolved upon the president of the executive council. Communications from the House to the governor or to the executive council were to be delivered through the medium of a committee. Messages from the governor to the House were to be borne by the secretary of council, and those from the executive council by a committee of that body. The governor for the time being was to be the captain-general and commander-in-chief of the militia, and of the military and naval forces of the State. All commissions granted to militia officers were to remain valid only daring the good behavior of the parties commissioned. The militia, in counties possessing a population of two hundred and fifty men and upwards capable of bearing arms, was to be organized into one or more battalions. Where the number of inhabitants liable to do military duty, within the limits of a county, was less than two hundred and fifty, independent companies were to be formed. A superior court of general jurisdiction was to be established in each county, with two sessions in each year. All causes arising between parties residing in the same county were to be tried within that county. Matters in dispute between contending parties, resident in different counties, were to be. tried in the county in which the defendant resided ; save that in cases involving the title to real estate adjudication was to be sought in the county in which the land was situated. Breaches of the peace, felonies, and treason were to be tried in the county where the crime was committed. Where the population of a county was insufficient to form a court for the trial of causes both civil and criminal originating within its limits, those causes were triable in the county next :adjacent in which a competent court could be found. The bench of the superior court was composed of a chief justice and of any three or more justices residing in the county. In the absence of the chief justice the senior local justice on the bench acted in his place. Provision was made for trial, on appeal, by a special jury. The jury was to judge of the law as well as of the facts. Captures by sea and land and maritime causes were to be tried by a special court, to be convened by the chief justice in the county where the same were made or arose. Quick determination was to be had, and the mode of procedure was to conform to that established for the guidance of the superior court. No grand jury should consist of less than eighteen members, any twelve of whom could find a bill. Courts of conscience as previously established in the province were to be continued with a jurisdiction of ten pounds. Executions exceeding five pounds, except in the case of a court merchant, might be stayed until the first Monday in March, provided security was given for the payment of the judgment. All costs attendant upon an action in the superior court were limited to three pounds, and no cause was to be allowed to depend for a longer period than two terms. Every state officer was liable to be called to account by the House of Assembly. Each county was required to keep its public records. Entails were forbidden. The estate of an intestate was to be equally divided among the children, — the widow, if any, taking a child's share or dower, at her option. The estates of other intestates were to be distributed according to the provisions of the act of Charles II., unless otherwise ordered by the legislature. In each county there was to be a register of probates, appointed by the legislature, " for proving wills and granting letters of administration." All civil officers in every county were to be annually chosen on the day named for the general election, except justices of the peace and registers of probate, who were to receive their appointments from the House of Assembly. Schools were to be erected in each county, and supported at the general expense of the State. Similar provision was to be made for the construction of courthouses and jails. A free toleration of all religions was guaranteed, provided they were not repugnant to the peace and safety of the State. The support of religious teachers was left entirely optional. With regard to the great seal of state the following device was prescribed: " On one side a scroll whereon shall be engraved The Constitution of the State of Georgia, and the motto Pro bono publico : on the other side an elegant house and other buildings, fields of corn, and meadows covered with sheep and cattle ; a river running through the same, with a ship under full sail; and the motto, Deus nobis hoec otia fecit." Permission to plead and practice in the courts of Georgia was to be obtained from the House of Assembly. With that body rested the right to suspend for malpractice. This provision, however, was not intended to abridge the inherent right of every freeman to appear in and conduct his own cause. Excessive fines and inordinate bail were forbidden. The principles of the habeas corpus act were declared a part of the constitution. The freedom of the press and the right of trial by jury were to remain forever inviolate. No clergyman was to be allowed a seat in the legislature. Alterations of and amendments to this constitution could be made only upon petitions from a majority of the counties; those petitions, in each instance, being signed by a majority of the voters of the counties from which they came. Under such circumstances it was the duty of the House of Assembly to call a convention of the people to pass upon the alterations and amendments thus suggested. Such were the provisions of the first regular constitution adopted by the people of Georgia. They were, in the main, well considered, wise, and suited to the emergency. Many of them have withstood the changes of more than a century, and to this day exert their beneficial influences. Scarcely had this instrument been published, when an alarm was again sounded on the southern frontier. The king's troops and the Florida banditti were in motion, and the present incursion assumed formidable proportions. On the northeast side of the St. Ilia River, on rising ground about eighty yards from the water's edge, and thirty miles in advance of Fort Howe, the Georgians had constructed " a small stockade work," called Fort Mclntosh, one hundred feet square, with a bastion at each corner, and a block-house in the centre which answered the purposes of a magazine, a shelter for the garrison, and a tower of defense. The erection of this fort in such an exposed position was suggested by the owners of numerous and extensive herds of cattle ranging between the rivers St. Ilia and Alatamaha, who craved protection for their property. Respect being had to thia object, the location was well chosen; although, being beyond the line of the Alatamaha, it was isolated in its situation and difficult of relief upon an emergency. Captain Richard Winn, a young officer who had distinguished himself under Colonel Moultrie in the defense of the fort on Sullivan's Island in June, 1776, was in command of this post. Its garrison consisted of forty men from the third South Carolina regiment, and twenty continental troops belonging to the Georgia brigade. Lieutenant-Colonel Elbert received information that a column, some five hundred strong, under the command of Colonel Fuser, assisted by the notorious Tory officers Brown, McGirth, and Cunningham, and composed of regulars, loyalists, and Indians, had taken up the line of march from St. Augustine and was moving upon Georgia. At day dawn on the morning of the 17th of February, 1777, an attempt was made by Colonels Brown, Cunningham, and McGirth, at the head of seventy Florida Rangers and eighty Indians, to surprise the garrison of Fort Mclntosh. For five hours were continuous assaults launched against the work. These were gallantly repulsed. A demand for unconditional surrender, accompanied by threats of death to the entire garrison in case of refusal, was then urged. Captain Winn proposed and obtained a suspension of hostilities for one hour that he might deliberate. At the expiration of that time he returned the following answer: " I have considered your proposition and am bound in honor not to comply. Should we fall into your hands we shall expect to be treated as prisoners of war." This response was delivered to Colonel Brown by Sergeant Hollis bearing a flag. Upon receiving it Colonel Brown handed him a copy of Lord Howe's proclamation with the request that it be presented to Captain Winn. Hostilities thereupon recommenced, and were continued until late in the afternoon. Brown then posted a strong guard around the fort to prevent the besieged from escaping under cover of the night, and withdrew his command a short distance. In the fort one man had been killed and three wounded. Dark coming on, Captain Winn dispatched Sergeant Owens to Colonel Francis Harris, commanding at Fort Howe, informing him of his critical situation and requesting that reinforcements should be immediately sent. Colonel Harris was also to be advised that the fort would hold out as long as possible, and that upon the first intimation of the approach of the desired assistance Captain Winn, with the garrison, would make a sally upon the enemy. Sergeant Owens reached Fort Howe at daylight on the morning of the 18th. Unfortunately, Colonel Harris had only forty men fit for duty, and found himself wholly unable to move for the relief of Fort Mclntosh. Meanwhile Colonel Brown awaited the arrival of a reinforcement from the south side of the river, under the conduct of Colonel Fuser, consisting of detachments from the fourteenth, sixteenth, and sixtieth regiments of light infantry, numbering two hundred men. At nine o'clock on the morning of the 18th the assault was renewed. Sheltering themselves behind logs and stumps, the Indians approached quite near the fort and annoyed the besieged by maintaining a close watch and an accurate fire upon the loopholes. The garrison still hoped for relief from Fort Howe, and held itself in readiness for the contemplated sally. About three o'clock in the afternoon Captain Winn was a second time summoned to surrender. Deeming it important to gain time, two hours were consumed in consultation. At length, despairing of the expected succor, finding that his ammunition was nearly exhausted and that his provisions would not last beyond another day, that officer proposed a personal conference with Colonel Fuser midway between the fort and its besiegers. Articles of capitulation were drawn up and assented to except one proposed by Captain Winn. That article read thus: "For the further safety of the prisoners against Indian treachery a full company of British Regulars shall escort them to the Alatamaha river opposite Fort Howe, and the British commander shall be responsible for the conduct of the Indians and the Florida Rangers towards the prisoners." It was rejected by Colonel Fuser, who refused to be responsible except for the behavior of the British regulars. Winn thereupon declined to surrender and added that he did not despair of being able to defend the fort until he was reinforced. He reminded Colonel Fuser of the fact that the garrison of a fort upon the confines of Canada, surrendered under similar circumstances, had been murdered by Indians. He also called his attention to the known cruelty of Brown, Cunningham, and McGirth, and to the savage disposition of Cussuppa, the chief in command of the Creek Indians. Returning within the stockade and advising his men of what had transpired, they one and all heartily indorsed the action of their captain and united in a brave determination to perish honorably in the defense of the post. As hostilities were about to be renewed, Fuser reopened the negotiation and finally consented to incorporate the article in the terms of capitulation. The garrison agreed not to take up arms until regularly exchanged. For the faithful observance of the stipulations contained in the articles of capitulation Lieutenants John Milton and William Caldwell were surrendered as hostages. It was understood that all privileges due to their rank as commissioned officers in the continental army should be fully accorded. Taken to St. Augustine, these gentlemen suffered confinement in the castle for nine months. About sunset the fort was evacuated, the formal surrender being conducted by Captain Winn and Lieutenant Toles. To them their side arms were returned. Marching with his command under an escort, as stipulated for in the articles of capitulation, Captain Winn proceeded about two miles in the direction of Fort Howe and then encamped. Early in the evening the British officers and soldiers composing the guard began returning, under various pretexts, to their camp near Fort Mclntosh. Remonstrances against this strange and unwarrantable behavior were treated with contempt and derision. By ten o'clock the escort had entirely departed and the Americans were left alone. Suspecting some treachery, Captain Winn roused up his men: and, passing through forests, swamps, and morasses probably never before traversed by Europeans, after a forced march of thirty-five miles reached Fort Howe the next day about ten o'clock. The news of the capture of Fort Mclntosh spread rapidly through the State, and the arms-bearing population flocked to the standard of Colonel Mclntosh, who was already in the field and advancing to the line of the Alatamaha. General Robert Howe, who had succeeded General Charles Lee in the command of the Southern Department, was notified at Cbarlestown of the pending invasion. He at once repaired to Savannah, leaving instructions with Colonel Moultrie to send on a strong detachment. Having sailed through the inland passages, Lieutenant-Colonel Marion with six hundred men, four field-pieces, and an ample supply of ammunition and provisions, reached Savannah on the 28th of February. Mclntosh, however, with the first battalion of his brigade and some other troops hastily collected, had already met the enemy, who, surprised at this unexpected demonstration, abandoned the expedition and retreated into the heart of Florida. So general was the alarm, and so universal the impression that a renewal of these hostilities would occur at an early day, that a large proportion of the militia of the State was ordered into service, and the rest directed to hold itself in readiness to concentrate at a moment's warning. A camp was formed at Midway Meeting-House. It being found impossible at all times to convene the council of safety with a promptness requisite for the proper dispatch of business, President Bulloch was, by resolution of council adopted on the 22d of February, requested " to take upon himself the whole executive powers of government, calling to his assistance not less than five persons of his own choosing to consult and advise with him on every urgent occasion when a sufficient number of councilors cannot be convened to make a board." Unusual as was this delegation of power it excited neither jealousy nor harsh comment. The times were hazardous, delays dangerous, and decision and prompt action imperatively demanded. The prudence, wisdom, courage, and patriotism of Mr. Bulloch were conspicuous. In him did the people trust with a confidence and a devotion rarely exhibited. But a little while, however, did he survive to exercise these extensive powers. Before the month of February was ended he died, and the State was filled with mourning. He passed away, the lamp of liberty in his hand trimmed and burning, bis noble character, patriotic impulses, and brave acts a precious heritage to his people. The savor of his good name is indissolubly associated with the proudest annals of the period, and he will always be remembered as the first republican president of Georgia. On the 4th of March, 1777, Button Gwinnett was, by the council of safety, elected president and Commander-in-chief until such time as a governor should be duly appointed in accordance with the constitutional provisions. During the session of the assembly in Savannah a resolution was adopted to add three battalions of infantry and a squadron of dragoons to the Georgia troops serving on the continental establishment, and to form them all into a brigade. Colonel Lachlan Mclntosh was to be promoted to the rank of brigadier-general and assigned to the command of these forces. His commission was to bear date as of the 16th of September, 1776. Gwinnett had been a candidate for this position. He was embittered by McIntosh's success. When he assumed the reins of government, he permitted not his anger to slumber. In order to mortify the military pride of his adversary, he endeavored to impress upon the public mind the danger of vesting military commanders and courts-martial with the exercise of any powers which could possibly be withheld from them and entrusted to the civil authorities. Acting upon this theory he intervened in army matters to such an extent that he seriously impaired the discipline of the troops, and incited among the officers a spirit of insubordination toward the commanding general. Thus, when an officer was charged with an offense either civil or military, Gwinnett claimed the right of trying him before the executive council. If an officer was to be detailed for special duty, or assigned to a temporary command of moment, he insisted that he should take his orders from the president and council. Anxious to signalize his administration by a feat of arms, he planned an expedition against Florida. The prospect of retaliation was pleasing to the public, and in the breast of the president there lurked an ambitious hope that he would be able to overrun and subdue that sparsely populated province and annex it to Georgia. Instead of entrusting the command of the expedition to General Mclntosh who, as the ranking military officer of the State, was entitled in all fairness and in accordance with custom to expect and to claim it, Gwinnett, heaping affront upon affront, set him aside and determined in person to lead the expedition. His purpose was to form an invading army with the militia and continental troops without consulting General Mclntosh on the subject or even allowing him to accompany his brigade. Proclamations were piinted which he proposed to scatter broadcast through the land so soon as he crossed the river St. Mary. His idea was that, to insure success, nothing would be needed but to hoist the standard of liberty in Florida, make a show of an army, and encourage the people to a change of government. The movement was to be immediate. Upon reflection, however, remembering that the province of East Florida was largely peopled by loyal refugees from Georgia and Carolina, that no reliance for subsistence could be placed upon the products of the region, and that an accumulation of supplies was requisite before he could venture upon the expedition, he abandoned the scheme as at first chimerically entertained. Still intent upon the consummation of his ambitions project, he assembled his council, denominating it for the time being a council of war, and concerted the following plan of operations. Sawpit Bluff, twelve miles from the mouth of St. John River, was designated as the place, and the 12th of May as the time for the rendezvous of the forces which were to participate in the reduction of East Florida. Colonel Baker, with the Georgia militia, was to march by land, while Colonel Elbert, embarking four hundred of the continental troops in three galleys and several small boats, was to repair by water to the point indicated. General Howe was requested to furnish some Carolina troops. After strenuous exertions Colonel Baker succeeded in securing from the militia only one hundred and nine volunteers. With these he proceeded to Fort Howe where he expected Colonel Sum-ter, with his regiment, to form a junction with him. That officer, however, with his command, had been ordered back to South Carolina. Disappointed, yet not disheartened, Colonel Baker began crossing the Alatamaha River. It was so swollen that its waters completely filled the swamp on either hand. Forty-eight hours were consumed in effecting a passage. At day dawn on the 4th of May he was attacked by a party of Indians. Lieutenants Robeson and Fraser were wounded. The savages were quickly repulsed. They were pursued as far as Finholloway Creek. Crossing the rivers St. Ilia and St. Mary on rafts, Colonel Baker reached Sawpit Bluff on the day appointed. Finding that Colonel Elbert had not arrived, he dispatched Major William Baker with forty men to reconnoitre the country as far as the Cow-ford on the St. John River. He fell in with one Barefield, an inhabitant of the province, who informed him that spies had already communicated intelligence of the advance of the American forces, and that St. Augustine was supposed to be the objective point of the demonstration. During the night of the 15th Colonel Baker lost forty horses, stolen by Indians. Taking their tracks that officer found them about four miles from his camp, hobbled and on the edge of a deep swamp. He succeeded in recovering them from their captors after sustaining a loss of two men wounded and four or five horses killed. No intelligence having been received from Colonel Elbert, and the enemy in St. Augustine being aware both of the location of bis camp and of the strength of his command, Colonel Baker, on the morning of the 17th, deemed it prudent to change his encampment to a position more favorable both for observation and for retreat, in case he should be attacked by a superior force. While doing so he was confronted by Colonel McGirth. Hastily dismounting his men he prepared for action, which had no sooner commenced than twenty or thirty of his command, without firing a gun, fled into an adjacent swamp. The main body of the enemy, led by Colonel Brown, had been formed in three divisions of one hundred each. Two of them pressed Colonel Baker on the flanks and compelled him to retreat, through a galling fire, into the swamp. The colonel himself narrowly escaped capture, as he was forced to retire on foot, his horse having been appropriated by one of his men. Only about fifty of his command participated in the affair, the rest departing in confusion from the scene of action which was near Nassau River. The Americans lost eight killed (five of whom were butchered by the Indians after they had surrendered), nine wounded, and thirty-one captured. Among the slain were Lieutenants Fraser and McGowen. Lieutenant Robeson was wounded, and Captains Few and Williams were taken prisoners. The command was wholly dissipated. Some of its members subsequently joined Colonel Elbert, but most of them in small parties made their way back to the Georgia settlements. Colonel Elbert was much perplexed upon finding that he was placed in command of the continental forces detailed for the expedition, to the exclusion of General Mclntosh who, as his superior officer, was entitled to claim that distinction. He was also greatly concerned at the abnormal condition of affairs brought about by orders emanating from President Gwinnett and his council, by which he was required to report directly to, and receive his instructions from, the governor and council. On the 24th of April he communicated with General Mclntosh, advising him of the unsatisfactory and disagreeable situation in which he found himself, and expressing his regrets that all requisite orders did not come through his commanding general.1 He even went so far as to call the attention of the governor and council to the irregularity. Gwinnett, however, controlled his council and, being of an imperious will and implacable in his hate, was firmly resolved to supplant General Mclntosh, and subject him, if possible, to humiliation and further disgrace. The continental troops destined for the expedition having been concentrated at Sunbury and supplied with necessary ammunition and provisions were embarked on board transports on the afternoon of the 30th of April. Impeded by head winds, and delayed by some of the galleys getting aground, Colonel Elbert did not reach Frederica until Sunday, the 11th of May. There he rested his troops until the 18th, when he advanced to the north end of Amelia Island. Lieutenant Robert Ward, of the second battalion, with a party, was ordered ashore with instructions to proceed to the south end of the island and secure all the inhabitants so that they might be prevented from communicating to the enemy any intelligence of the approach of the Americans. Previously, however, the enemy had there landed a detachment and was observing the movements of General Elbert. Perceiving Ward's approach, the officer in command of the British detachment dispatched a boat to give the alarm to an armed vessel lying at anchor south of the island. Guns were fired by the vessel and these were answered by cannon at the mouth of the St. John River. Attacked by the enemy, Lieutenant Ward was slain and his party driven back. On the 19th thirteen men of Colonel Baker's command joined Colonel Elbert and informed him of the disaster which had occurred at Nassau River. Two days afterwards three others came in and gave fuller report of the unfortunate affair. They, with five others, had been captured by McGirth and placed under the charge of an Indian guard. Falling upon them unexpectedly, the Indians, with hatchets and knives, massacred their five companions. These three, in the confusion, effected their escape. Of Colonel Elbert's approach by water the authorities in East Florida were fully informed. A detachment of artillery, sent from St. Augustine, was occupying a battery erected at Hester's Bluff, and a schooner, mounting ten guns, and an armed sloop were already guarding the inland passage between Amelia Island and the main. At the mouth of the St. John River two war vessels, one of fourteen and the other of sixteen guns, were standing on and off waiting to intercept the American galleys if they attempted an approach from the sea. With them Elbert was unable to cope. Confined within the narrow limits of the galleys, and subjected to the influence of the sun, each day growing hotter, his men were becoming exhausted and discontented. Because of the vexatious delays to which he had been subjected his stock of provisions was already scant, and there was no good prospect of his being able to force the coast guard and obtain a fresh supply from the shores of the St. John's. These untoward circumstances, combined with Colonel Baker's defeat, induced Colonel Elbert to give over his purpose and retire upon Frederica. From Cumberland Island, under date of May 80th, he wrote Major Habersham a letter, from which we extract the following : "I dispatched Lt Col. Stirk last Monday night with 90 men to make a forced march under cover of the night and penetrate as far as the Rains where I was in hopes he might surprize and make prisoners of some of the enemy, by which means I expected to get some information of their situation which I am much at a loss for. He returned the next evening without being able to do anything. . . . The same night two men belonging to the Congress and on Tuesday night two men of your regiment, deserted, and are gone to the enemy. This determined me to lose no time in retreating to St Ilia, as the enemy will from them be informed of our strength, and what is more, of our having had nothing but rice to eat for five days past. Lieut Coin Harris with one hundred men, rank and file, is gone up the north side of St Mary's as far as the Ford, from whence he is to march across to St Ilia and join us. I am in hopes he will be able to fall in with some of the Florida Scouts and Indians, in which case, I will answer for it, he gives a scourging to double his number, should there be as many. Our brave fellows are in high spirits and wish an opportunity of a trial of skill with the Floridians which I would have given them had I gone to the banks of St John's river. I knew too well the defenceless situation of the State to risk so many of her troops on the turn of a die. Could we have got the gallies into St John's river I would, with the men I had with me, have made the whole Province of East Florida tremble, but without the assistance of vessels to command the river I don't think it would be prudent to cross it with fifteen hundred men. However, if I am commanded, I dare attempt it with half the number. I am well convinced that a post properly established on St Ilia, where it can be succoured by water, will be a great means of protecting and securing our southern frontiers. It is my opinion, as the enemy are so well prepared for us, that we should lay by awhile ; and, if Carolina will assist us, join our forces by and by, and then, with the united force of our gallies and their privateers, make a powerful invasion of that Province. In the mean time we can be arming, clothing, and disciplining our men. In each of those respects they are at present very deficient. I have consulted Commodore Bowen on every occasion, who has agreed with me in all matters, and has ever shown the greatest readiness in forwarding the expedition. He seems a little disappointed at not having had an opportunity of exchanging a few shots with the enemy. The Gallies will do well inland, but I can't help thinking that two or three such vessels as the Hinchinbrook would, if they got them at sea, give them a hearty drubbing. This our Enemy were in eager expectation of, as they knew it to be impossible for us to pass Amelia Narrows." Colonel Elbert's reasons for abandoning the expedition were approved by the president and council. Retiring on the last of May, he reached Old Town on the St. Ilia the following day. There he was joined by Colonel Harris and his detachment. From the St. Ilia Colonel Elbert proceeded to Fort Howe, whence he marched to Darien, and thence to Savannah. The fleet, under the command of Commodore Bowen, returned to Sunbury. Thus ended this expedition, conceived in ambition and jealousy, planned without due caution, marred in its execution, and utterly without benefit in its results. In the exercise of his gubernatorial powers, and responding to the emergency caused by the lamented death of Archibald Bullloch, President Gwinnett issued a proclamation requiring the counties to elect delegates to a legislature to convene in Savannah on the first Tuesday in May, 1777. The election of a successor to President Bulloch was the first duty of this assembly. Gwinnett was an avowed candidate for the position. The legislature met, and, after organizing on the 8th of May by the election of Dr. Noble W. Jones as speaker and Samuel Stirk as secretary, proceeded to the choice of a governor and members of the executive council. John Adam Treutlen was elected governor by a handsome majority, and Jonathan Bryan, John Houstoun, Thomas Chisholm, William Holzendorf, John Fulton, John Jones, John Walton, William Few, Arthur Fort, John Coleman, Benjamin Andrews, and William Peacock were selected as members of the executive council. Of this body Benjamin Andrews was chosen president. The books and papers of the late council of safety were, by resolution of the assembly, confided to the executive council, and thenceforth the council of safety ceased to exist. Grievous was Gwinnett's disappointment. Mclntosh did not hesitate to avow openly his gratification at the election of Treutlen. In fact, he publicly and in the presence of the executive council denounced Gwinnett as a scoundrel. The quarrel between these gentlemen culminated on the 15th of May, when Gwinnett challenged McIntosh to mortal combat. They met the next morning at sunrise, within the present limits of the city of Savannah. Pistol shots were exchanged at the short distance of twelve feet. Both were wounded in the thigh ; McIntosh dangerously, Gwinnett mortally. The former was confined to his couch for some time, and the latter, after lingering for twelve days, died of his hurt. PICTURE of McIntosh Gwinnett's death caused great excitement. Dr. Lyman Hall, one of his executors and a warm personal friend, and other gentlemen of influence, brought the matter to the notice of the legislature, and accused the judicial officers of a neglect of duty in not arresting Mclntosh and binding him over to answer the charge of murder. The general, informed of these reflections, as soon as his wound would permit, surrendered himself to Judge Glen, entered into bonds for his appearance, was indicted, tried, and acquitted. Even this determination of the matter did not allay the malevolent feelings of the Gwinnett party, who, incensed at the loss of their leader, used every exertion to impair the influence of Mclntosh and to fetter his efforts in the public service. At the suggestion of his friends, Colonels George Walton and Henry Laurens, he consented to leave Georgia for the time being, and to repair to the headquarters of General Washington, for assignment to duty with the continental army. He was instructed to take command of the western districts of Virginia and Pennsylvania. He carried with him as his deputy adjutant-general his son, Captain Lachlan Mclntosh, and as his brigade major his young friend and comrade, Captain John Berrien. Nearly two years elapsed before he returned to Georgia, and during his absence, while his heart was constantly with his State and people, he rendered signal service in the common cause. The career of Button Gwinnett was brief but brilliant. An educated merchant of Bristol, England, he removed to Charlestown, South Carolina, whence, after a short residence, he came to Georgia. As early as 1765 he was engaged in mercantile pursuits in this province. Subsequently, converting his stock in trade into cash, he purchased the island of St. Catharine (this island, including a stock of horses, cattle, and hogs, some lumber, and a plantation-boat, was then purchased by Gwinnett at a cost of £5,250.) from Thomas and Mary Bosomworth, and, having peopled it with negro slaves, there fixed his abode and turned his attention to agriculture. His residence was in distant view of the town of Sunbury, then the rival of Savannah in population and commercial importance. With Dr. Lyman Hall, the leading physician in the community and one of the earliest u Sons of Liberty," he contracted a strong personal and political friendship. A member of the Continental Congress, in 1776 he was one of the Georgia signers of the Declaration of Independence. A delegate to the constitutional convention which promulgated the constitution of February, 1777, it is believed that he had more to do than any one else with framing that important document. As the successor of Archibald Bulloch he attained the highest honors within the gift of his fellow citizens. Of his patriotism, love of liberty, and devotion to the cause of American freedom he gave proof most abundant. But he was ambitious, grasping of power, strong in his prejudices, intolerant of opposition, and violent in his hate. Rising like a meteor, he shot athwart the zenith of the young commonwealth, concentrating the gaze of all, and in a short moment was seen no more. Within the compass of two years are his brilliant aspirations, triumphs, and reverses compressed. Inseparably associated is his name with the charter of American independence. Of the three members from Georgia whose names are affixed to that memorable document, two, Lyman Hall and Button Gwinnett, were from St. John's Parish and, we may add, from the town of Sunbury ; for, although the latter then resided on St. Catharine Island, his home was within sight of that flourishing seaport, his public and private business was there transacted, he was constantly seen in its streets, was known and honored of its citizens, and in very truth constituted one of them. Two signers of the Declaration of Independence from one little town in St. John's Parish and that town wholly obliterated from the face of that beautiful, lonely, and bermuda covered bluff! It is in perpetuating acts and names like these that memory stays the engulfing waves of oblivion, and administers signal rebuke to "time which antiquates antiquities and hath an art to make dust of all things." BACK TO HISTORY INDEX   ©2007 - 2008 Genealogy Trails