The Case of George M'Intosh, Esquire, a member of the late Council and Convention of the state of Georgia; with the proceedings thereon in the Hon. the Assembly and Council of that state. : [One line in Latin]

The Case of George M'Intosh, Esquire, a member of the late Council and Convention of the state of Georgia; with the proceedings thereon in the Hon. the Assembly and Council of that state. : [One line in Latin]

Table of contents

Title page

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[Page] THE case of GEORGE M'INTOSH, Esq having engrossed much of the publick attention in Georgia, and as it may probably have been the subject of conversation in the neighbouring States, it may not be improper to lay before the candid impartial publick, a full and true state of the matter; in order to prevent their being imposed on by misrepresentations, to enable them to judge, whether Mr. M'Intosh is guilty or innocent, and whether or not in the proceedings against him, that attention has been paid to the Liberty, Safety and Security of the Subject, which is consistent with the principles on which the present Struggle for Freedom is founded. If in the subsequent pages the Reader should observe any inaccuracies in the stile, he will readily excuse them, as Truth, not Elegance of Language, is the object of the Author.

MR. M'INTOSH resides at Sappello-River, in St. Andrew's Parish, in the State of Georgia, (fifty miles from, and south of Savannah, the metropolis) where he was born, and lived almost the whole of his life, and where he acquired handsome and independent fortune by his own industry. He never was concerned in any Trade, nor hardly had a correspondent, or any kind of connexion out of his native country, or with any men in place or power in it, but chiefly lived contentedly with his family in an easy, hospitable and genteel manner, upon his plantation; the produce of which was generally sold in Savannah, where he chiefly dealt.

He early saw the injustice and iniquity, intended by the claims of the British Parliament upon the Colonies, and was among the first to exert himself upon the occasion with vigour and zeal; in which line he continued to act invariably and firmly, without desiring or accepting any place of profit, or other advantage or emolument, than that of seeing himself and fellow-citizens independent, free and happy. When Georgia acceded to, and joined in the association with her Sister Colonies, in the year 1775, the inhabitants, who depended altogether upon a foreign supply for every necessary article except provision, were greatly distressed, when that was stopped, especially the planters of rice; but in the latter end of that year, [Page] a resolve of Congress gave them some hopes the ports would be opened the first of March following, which occasioned a demand for rice a short time; and in December Mr. M'Intosh sold and sent one hundred and eleven t [...]erces to Mr. George Houstoun, his merchant in Savannah, which was all he could dispose of that year, out of 6 or 700 barrels, then lying useless by him. The next and only chance he had since for his rice, was in the beginning of June, 1776, when a small brigantine of 240 barrels burthen, was lying in Sappello-River, near his plantation, and Mr. M'Intosh joined two of his neighbours, Robert Baillie and Sir Patrick Houstoun, in purchasing, and agreed to load her with rice, to Surinam, and return with the value, in Dutch goods, to Georgia. In the mean time, William Panton, who was acquainted with those concerned in the brigantine, [...] lately a merchant in Savannah, but was then often at an Indian store he purchased on St. John's River, in East-Florida, and had liberty to go and come into Georgia, upon his private business, at pleasure, happened (unfortunately for Mr. M'Intosh) to come to Sappello at that very time. He (Mr. Panton) plead hard, (whether with an ill intent then, or not, is not easily discovered) to be a fourth part concerned in the brigantine and cargo, saying, that he had co [...]respondents in Surinam; that he was acquainted with trace (which none of the others were) and would take all the trouble off their hands, and continue the business from Surinam to Georgia, which must prove very beneficial to all the concerned; and prevailed at length with Mr. M'Intosh (though with much reluctance, as they differed so widely in political sentiments) who unluckily agreed to it, and let Panton have a share, and the direction of the brig and cargo, and never troubled or concerned himself afterwards about her, only to get a clearance for the brig at Savannah for Surinam, and give bond in £.1000 sterling for the performance of the voyage, as he stayed himself chiefly in town attending the Council, of which he was then a member. Mr. M'Intosh heard nothing further of the brig till some time in August afterwards, when it was reported that she had, for certain, discharged her cargo of rice at St. Augustine, and was then loading in St. John's River, with skins and lumber, for Europe, which raised the first clamour against him: Upon which Mr. M'Intosh declared in Council, that if it was so, he was altogether ignorant of it; that Mr. Panton must have deceived him, with intent to make the whole his own property; that every one must be convinced, that any person of common senle, for the profit that could be made upon sixty barrels of rice, which was his share of the cargo, would not forfeit a bond of £.1000 sterling, which was only promised before, but then Mr. M'Intosh delivered it ready executed to the President, Mr. Bulloch, desiring it might put in force, if ever he was found to be privy to the brig's going to East-Florida at all, as was reported; which fully satisfied the President, Council, and every other person at that time. A short while afterwards, the deceased [Page] Mr. Gwinnett, who was a near neighbour of Mr. M'Intosh's, got information some way, and unravelled the whole mystery to him, which gave him great satisfaction; which was, that the rice was not sold in Augustine; that Panton had only ordered the brig into the River St. John's, in order to get a pass from Governour Tonyn to secure her in her voyage from British men of war; that, in the mean time, Capt. Osborne's men boarded her to make her a prize, which obliged Capt. Johnston to destroy the Georgia clearances, and by that means escaped condemnation, and Mr. Panton to get a new register and clearances from Augustine, for the island of Tobago, whither she had sailed, with only the same cargo she took on board at Sappello; but, at the same time, told Mr. M'Intosh he should never see a farthing for his share of her; which he (Mr. M'Intosh) was indifferent about, and happy that his reputation was cleared. This soon became generally known, and no more was said or thought of it to the prejudice of Mr. M'Intosh, until Governour Tonyn's letter to Lord George Germaine was intercepted, carried to the honourable the Congress, and by them sent to the President and Council of Georgia; which was thought, and is said, to be first delivered to Mr. Bulloch, while he was President, and before he died, some time in February; but that he took no notice of it, as the part Mr. George M'Intosh always acted was too well known, and his supplying Augustine with rice, fully canvassed and cleared before in the Council, but after his death fell, with other publick papers, into the hands of his successor, Mr. Gwinnett, and was made the pretence for all Mr. M'Intosh's persecution, and such cruel and inhuman usage, that it must alarm every individual. The day Mr. Gwinnett was chosen President, Mr. M'Intosh's wife died, which prevented him and her brother, Mr. John Houstonn, from attending in Council; but some days after Mr. M'Intosh was there, when the President's commission was prepared and presented for signing to the members, which Mr. M'Intosh positively refused doing, and told the President he was not present at his election, and if he had, he would be the last person in the world he would choose; to which Mr. Gwinnett replied, "By G—d then, this will be the last day you and I will ever sit together in Council;" and so it happened, for Mr. M'Intosh, who was then sick, was obliged to take to his bed the next day, extreme ill, out of which he was taken by the Provost-Marshal and a party of men, in a harsh, cruel manner, carried to the dirtiest and most offensive gaol perhaps in the world, with felons, and there fettered in irons; his estate taken into possession, as if already forfeited, and wantonly wasted and abused, by order of the President, without advice or knowledge of his Council, or application to the Chief Justice, or other Magistrate, and without informing the unhappy prisoner, or any of his friends, who applied to him for that purpose, what crime he was charged with, among whom were some of the Council, who had a right to know it, as well as the President, which prejudiced [Page] the people out of doors so much, that they could not be persuaded but some horrid crime was actually proved against Mr. M'Iutosh, which removed all their pity and compassion for him, or dread of the conseqnences of such arbitrary proceedings to themselves. Some days afterwards, the President went out of town to go upon the expedition to the Southward, and then the Council met, and sat upon the affair of Mr. George M'Intosh, who being brought before them, and examined, upon oath (ungenerously offered him by one of the members, but afterwards insisted upon by himself declared, among other things mentioned, ‘That he never shipped, or was concerned in shipping, any rice to any part of the world, out of the State of Georgia, except his concern in the brigantine Betsey and Nancy, Capt. Johnston, intended for Surinam last June, as mentioned before, and that he never had any kind of correspondence with any person, either in East or West-Florida, by writing, message, or otherwise; that he was at a loss to guess or conceive the motive or view Governour Tonyn could have in asserting such falsities in his letter to Lord George Germaine▪ respecting the examinent, or William Panton, who he thinks must have informed the Governour, unless it was vanity to recommend themselves to each of their respective patrons, officiousness, or, which is worse, designed villainy.’ In consequence of, and after the examination of Mr. M'Intosh, the Council passed the following resolve. viz.

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At a Council held at Savannah, Wednesday, the 19th of March, 1777.

PRESENT, Honourable JONATHAN BRYAN, Esq Chairman in Council.

GEORGE M'INTOSH, Esq being brought up, agreeable to order, and being heard, upon oath, by his own desire, as to the charge preferred against him; it was unanimously resolved, that the said George M'Intosh be enlarged, upon his giving sufficient security, in the penalty of twenty thousand pounds Georgia currency, for his appearing; and being forth-coming, to answer the said charge, whenever further proof and evidence shall be brought against him, and he shall be duly summoned to answer the same; and that, in the mean time, he shall not depart the State, or remove, or cause to be removed, any part of his property out of the State aforesaid, without leave first had and obtained for that purpose. It was also resolved, that the said George M'Intosh have leave to write a letter, to be perused by this board, to any person in St. Augustine, and to endeavour to procure therefrom any affidavit tending to exculpate and acquit him of said charge; and that he, George M'Intosh, Esq have leave to send a person with such letter, at his own expence, under the inspection of this board. Also unanimously resolved that, upon the above mentioned security being given, the guards placed upon the plantation of the said George M'Intosh be withdrawn, and that no steps be taken further [Page] in regard to his estate, until after a trial. Also unanimously resolved, that in case the said George M'Intosh shall, at any time, between this and October next, desire to repair to the Continental Congress, there to answer this charge, that he shall be at liberty to do so, upon giving security for that purpose, in the same penalty as before mentioned, and defraying the expence of any evidence which this State shall think necessary to send to the Congress against him.

A true Copy from the Minutes,

JAMES WHITFIELD, Secretary, C.

IN consequence of this resolve of Council, a bond was immediately given, in the enormous and excessive sum of 20,000l. sterling, in which most of the Members of the Council, and many other respectable characters joined, and many more crouded in, who had not room, but not a single Tory, as has been iniquitously asserted; and Mr. M'Intosh was suffered to go at large. Expecting and assuring himself, now the faith of the State was engaged for the performance of every thing contained in the resolve, he immediately wrote a letter to William Panton, in East-Florida, which was approved of by the Council, but desired to defer sending it, until the expedition to the Southward was over, for fear of giving intelligence, which he thought reasonable, and readily acquiesced in, and remained quite satisfied and happy, expecting no further trouble, and confident he could easily clear himself of every charge against him, to the satisfaction of all his fellow citizens, at the next October sessions. But alas! how uncertain the best secured happiness and expectations of this life are. The beginning of May, the first Assembly, agreeable to the new Constitution of the State of Georgia, met, and, among other business, passed a resolve, which approved of the proceedings of the late President, for putting Mr. George M'Intosh into close custody, and censured that of the late Council, for letting him out upon bail, and ordering he should be sent, under a strong guard, to the Continental Congress, as soon as possible. It is said, the arguments made use of in the house (for all was transacted with shut doors, and in profound secrecy) were the same that were made use of when Mr. M'Intosh was taken first into custody, viz. That as the Continental Congress had positively ordered him into custody, no power inferiour to them, could release, try, or acquit him, however innocent; also that Mr. Hancock, in his letter, says, that Governour Tonyn's letter "contains the most convincing proof of the treasonable conduct of Mr. George M'Intosh." But, with the utmost submission to so distinguished a character, as the President of the honourable the Congress, it is presumed he went rather too far, before he heard the other side of the question, and was better informed. With the like deference and respect to any honest member of the Assembly of Georgia, it is humbly apprehended the Honourable the Congress do not pretend to act as a Judicial Court. These matters they leave to the local [Page] laws of the particular States, with respect to their own members, having things of far higher importance, fully to employ their time; and would be falling into the same error with the British Parliament, whereof we so much complained, in carrying persons for their trial, where they have neither, friends, acquaintance, or money. The Constitution of Georgia, will not suffer the members of one county to be tried in, or appeal to another county, being out of the vicinage; and in the present case, it is presumed, it would be better to send first, and know the pleasure of the Congress, if they really thought there was any difficulty in the case, rather than make a precedent, which may hereafter be dangerous in its consequences to the individual of every State. While government was unsettled, many things must have been done irregularly and out of order, conformable to times and circumstances; but we are now happily got over that: Constitutions and Forms of Government are settled and fixed in every State on the continent; and unless they are religiously observed in every tittle, all must fall into anarchy and confusion again in that State. But, with respect to Mr. George M'Intosh, these arguments, I apprehend, to be altogether needless; his case is very clear and plain. The Honourable the Congress, upon receiving a letter, which appeared to them suspicious respecting a person, whose character they were unacquainted with, as well as the particular circumstances of the charge, and nor having the means of information, they very wisely and properly, instead of ordering him into custody, and carried before them, only "recommended to the executive power of Georgia, to proceed immediately to apprehend, and secure George M'Intosh, and take such effectual measures therein, as they shall judge necessary. for the safety of the United States of America." By which it is very evident the Honourable the Congress referred Mr. M'Intosh and his trial to the laws of his own State, to which he gave his assent, and lived under their protection, and for that purpose sent all the proof they had. Besides the injustice to an innocent man, which the following affidavits will evidently prove him to be, the danger of the precedent, which is alarming to every one, and the great expence of himself, evidences and guards, it is a worse punishment than death itself to a man of character or any reputation, to be carried with infamy, like a felon, as a spectacle, 1000 miles, through the States of the Continent. He is now, at the thought of it, grown a mere skeleton, worn off his legs, and hardly able to stand, and is grown indifferent to his family, property, and every thing else. Will not this be an everlasting reflection upon the justice of the free State of Georgia? Or can it be called free, if the innocent are liable to be so severely punished in their persons, property, and reputation, before they are found guilty? Can the authority of the Assembly of Georgia, which, by their own constitution, is altogether legislative, or can all the authority upon earth, give sanction to, or justify an act, that is, in itself, unjust and unreasonable? Surely it should not! Yet, it is said, that the [Page] Governour and Council are tied down, and cannot avoid sending Mr. M'Intosh to Congress, agreeable to resolve of assembly, however innocent they may think him; and, in consequence of the resolve, they gave orders to the Provost Marshal, to produce the body of George M'Intosh, Esq which appears by the following summonses, similar to those sent to the other securities.

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MR. MARTIN presents his compliments to General M'Intosh: acquaints him he is called upon to produce George M'Intosh▪ Esq before his Honour the Governour and Council this morning; he therefore requests the general would intimate the same to Mr. M'Intosh, as speedily as possible, in compliance with the condition of the bond.

Saturday morning, 9 o'clock, (10 June, 1777)

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SIR,

Savannah, 13th June.

I Yesterday received a positive order from the Governour and Council, to produce the body of George M'Intosh, Esq before them. In compliance thereto, I now apply to you (as one of the securities) to immediately produce him, agreeable to the tenor of the bond; otherwise the same will be forfeited, as I have called on the other securities in town to the same effect. I waited on the General three days since, who informed me he had wrote to Mr. George M'Intosh, at his plantation, but that he was not there; that he would enquire for him, and acquaint him of it, but have not heard from him as yet. I am, respectfully, Sir, your most humble servant,

(Signed) JOHN MARTIN.

P.S. You will please send me an immediate answer per bearer (Signed) J.M. To John Houstoun, Esq.

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MR. MARTIN presents his compliments to General M'Intosh; acquaints him, that on application to the Governour and Council, he is allowed till Monday morning to produce the body of George M'Intosh, Esq which Mr. M expects will be punctually observed by the securities.

Saturday morning, 9 o'clock, (June 14th.)

AND upon his thus summoning the securities, for that purpose as above, Mr. M'Intosh delivered himself up on [...]onday June the 16th, by which, it is clear, the bond became void, to all intents and purposes, and his securities, of course, could have charge of him no longer: He desired a hearing before the Governour and Council, where he used every possible argument, to no purpose, to have his trial in Georgia, and endeavoured to shew, in every point of view, the violation offered to that constitution, they were sworn to maintain, as well as the injustice of sending him to Congress [Page] under guard, and that he probably may be sent back in the same manner again; for want of proper information and proof. The answer still was, the resolve of Assembly bound them, and they were determined to comply with it, in every particular. When every reason failed, Mr. M'Intosh then begged the Council's permission to send for Mr. Panton, as the only person who could throw some light upon the matter; disprove, unsay, or give some reason for what he asserted to Governour Tonyn, as he (Mr. M'Intosh) was singular in being the only unhappy person obliged to disprove (instead of proving) any slander uttered against him, which was also denied; saying, they would hang Panton if they saw him. He then desired leave to write to Panton, that he might send an affidavit of all he knew concerning the affair, agreeable to a resolve of the former Council, by which he humbly apprehended the faith of the State was engaged; and that he should be treated on his journey, as a Gentleman; both of which were allowed, and entered on their minutes; provided he could have an answer to his letter in three weeks from that day, sent to, and approved of by Council: Which he was very thankful for, and said, his former letter, which then laid before them, and approved of by the late Council, would do; but as that was refused him, he promised to send another to them the next morning, and said the time was rather short to get an answer, or even to prepare himself, for so long a journey, but he would try and exert himself. Accordingly, the next morning the Council sat, and Mr. M'Intosh sent them a new letter he wrote to Panton, and attended at their door, still in custody of the Provost Marshal, who followed him from nine o'clock in the morning, till past one in the afternoon, but was not called in, nor had any answer from Council; at which he was much surprized and uneasy, fearing (as was very natural for a person in his situation) that something had changed their opinion, and that he would not be allowed to send a letter to Panton, as he expected, and was promised; but he still continued preparing for his journey, in hopes the three weeks would be allowed him, agreeable to their own minutes and order to the Provost-Marshal, while every thing (except out of door rumour) was kept in the most profound secrecy, although there were Councils held almost continually. Kept in this disagreeable suspence, and before he finished his examination, which was to be taken before the Chief Justice, and while a Taylor was taking his measure for a suit of clothes, he received the following summons:

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MR. MARTIN presents his compliments to Gen. M'Intosh; acquaints him, he has received a fresh order from the Honourable the Council, to produce the body of George M'Intosh, Esq. He therefore calls on the General, as one of the securities, to produce Mr. M'Intosh, which he expects will be immediately complied with.

Thursday morning, 20th June, (Friday)

[Page] THE sudden, unexpected disappointment this billet occasioned; the secret, hidden proceedings he observed for some days before, and a report, that he was to be sent to Congress with men who were utter strangers to him, under a guard of twenty men, when there were military officers going there upon the recruiting service, of known reputation and honour, and who had ample fortunes in the State to secure their fidelity, startled Mr. M'Intosh. He considered the whole matter maturely; he not only expected ill usage, perhaps to be carried in irons, but apprehended there might be some danger of his life; he was sure his securities were safe, and their bond became null and void, when he delivered himself first to the Provost Marshal, in consequence of his summons. The faith of the State to him, he apprehended, was already repeatedly violated, and he had passed no parole or promise to the Provost Marshal; therefore he thought it prudent to retire out of the way for a while, until he saw how matters went on, or his fellow citizens took the alarm at the precedent, and interfere in his behalf; or at least till he could get some certain security for tolerable usage; and that God and man must justify his conduct, in doing so, without caring what was done with his property, which was already too much squandered, neglected, and dispersed. He was besides informed, a certain Delegate of Congress, and prime instrument in getting the resolve passed last session of Assembly, declared publickly, that Mr. George M'Intosh should be sent to Congress, and that he would take care he (Mr. M'Intosh) should never return again; which was shewing no great respect to that uncorrupted and august Senate, to display his own importance and influence. Another person, high in office, one of that Delegate's associates, and the declared enemy of Mr. M'Intosh, who from the beginning of his present persecution could not hear with any degree of patience any thing offered in his favour, if never so reasonable, goes about now (June 30th, 1777) with a grave face, and far more industry than ever he served the publick, declaring, with his hand upon his heart, and a deep sigh, that he always thought Mr. M'Intosh perfectly innocent till now, but his absconding fully convinces him of his guilt; that he is only sorry for his securities (thus he endeavours to alarm them) as Mr. M'Intosh is certainly gone to Augustine (although he saw a letter in ten hours from him); yet this worthy personage goes fervently to his prayers morning, noon and night. It is not, however, a singular instance, for Malice, Enmity and Personal Pique, to assume the garb of Sanctity. The covering is indeed thin, and it requires but little acquaintance with the manners of the world to guard against the deception. But as the bulk of mankind judge from the mere exteriors, it is generally found to be one of the most successful methods of hurting a man's reputation. Mr. M'Intosh is not the only innocent person who has felt the truth of this observation, for

—Men that make

Envy and crooked Malice Nourishment,

Dare bite the best.—

[Page] These, amongst many other things of the kind that might be mentioned, are only to shew that Mr. M'Intosh has every reason to apprehend the utmost rigour shewn him; and that the good People of Georgia, for their own security and safety, may be more careful whom they chuse for their Rulers, and bring those to condign punishment who dare to infringe, break, or suffer others to encroach upon the part intrusted to them, of the best Constitution or Form of Government on the Continent of America if strictly complied with by those who execute the several departments. The present worthy Governour sometime ago declared, that to his knowledge, when he was a Member of the late Council, Mr George M'Intosh was perfectly innocent of every thing charged against him; and that he was the most cruelly and iniquitously persecuted of any man. But the mentioning names here is carefully avoided, as improper in the present unhappy and divided situation of the State, that persons of all parties may deliberately peruse and compare the following Affidavits, without partiality or prejudice; which will afford all the proof in favour of Mr. George M'Intosh, that the nature of the case can possibly admit of; and must clearly convince all persons who are not determined not to be convinced, and will twist and wrest every thing to their own purposes: To such this is not addressed, but to the honest, wellmeaning men, who are ignorant of the affair▪ and liable to be imposed on by misrepresentations. Governour Tonyn's letter will be given first, as far as respects Mr. George M'Intosh, which contains all the charge against him, and afterwards every evidence that has yet appeared, or can be found, either for or against him, and then let the Publick judge for themselves.

Extract from TONYN's Letter to the Right Hon. Lord George Germaine, as far as respects Mr. George M'Intosh.

I HAD also the honour to write your Lordship that I expected from sundry 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, a thousand more are shipped, and expected to arrive every hour. Mr. Panton executed this business with great hazard to life and fortune. He has been greatly [...] by Mr. George M'Intosh, who is compelled to a tacit acquiescence with the distempered times, and is one of the Rebel Congress of Georgia, intentionally to nullify and temporize, and to be of all the service in his power. I am informed his principles are a loyal attachment to the King and Constitution. He would, my Lord, be in a dangerous situation, was this known.

A true Copy,

(Signed) EDWARD LANGWORTHY, Secretary.

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In CONGRESS, January 1, 1777.

AN intercepted letter from PATRICK TONYN, Esq Governour of East-Florida, to the Right Hon. Lord George Germaine, dated St. Augustine, 19th July, 1776, being laid before Congress,

Resolved, That a letter be written by the President to the President and Council of the State of Georgia, inclosing a copy of the said intercepted letter, recommending to the said President and Council, that they proceed immediately to apprehend and secure George M'Intosh, and take such effectual measures therein as they shall judge necessary for the safety of the United States of America.

By Order of Congress, (Signed) JOHN HANCOCK, President.

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Baltimore, January 8, 1777.

SIR,

I HAVE the honour to inclose you a copy of an intercepted letter from the Governour of East-Florida to Lord George Germaine, containing, among other things, the most convincing proof of the treasonable conduct of Mr. George M'Intosh of your State. This Gentleman, it seems, is a Member of the Congress in Georgia, and under that character is secretly supporting, by every act in his power, the designs of the British King and Parliament against us.

The United States of America have hitherto suffered extremely from the misrepresentations of their enemies, but much more from the baseness and perfidy of their pretended friends. I have it therefore in command from Congress to request, that you will cause the said George M'Intosh to be immediately apprehended, and take every other step in this matter which shall appear to you to be necessary for the safety of the United States of America. I have the honour to be, with great respect, Sir, your most humble servant,

(Signed) JOHN HANCOCK, President.

To the Honourable the President and Council of the State of Georgia.

ANDREW COOK's Affidavit.

PERSONALLY appeared before me, Raymond Demeré, one of the Colony Justices for the parish of St. Andrew, in the State of Georgia, Andrew Cook, who being duly sworn on the Holy Evangelists of Almighty God, maketh oath, that he has lived with Mr.George M'Intosh since the month of November, 17 [...]5, in the capacity of an Overseer or Manager of his plantation, to the day of the date hereof. During all that time the deponent solemnly declares that no rice, or any other provision, was sent or shipped from the said plantation, except about one hundred barrels of rice, sold to Mr. George Houstoun, and shipped on board his schooner (Haig [Page] master) for Savannah, in the month of December, 1775, and what was shipped on board the brig Betsey & Nancy, in the month of June last; also a few barrels of old rice, sent at different times to his indigo plantatation for his negroes provisions, and what was also sold in small quantities to the neighbours in the parish for provisions, not exceeding in the whole twenty barrels of rice.

(Signed) ANDREW COOK.

Sappello, Parish of St. Andrew, taken at, and sworn to, before me, this 25th Day of March, 1777.

(Signed) RAYMOND DEMERE, J. P.

GEORGE HOUSTOUN's Affidavit.
STATE of GEORGIA.

GEORGE HOUSTOUN, of Savannah, in the State aforesaid, Merchant, being duly sworn, maketh oath, that in the month of December, which was in the year of our Lord One thousand seven hundred and seventy-five, the deponent sent a schooner, one George Haig master, to the plantation of George M'Intosh at Sappello, in the said State, to fetch from thence a load of rice; that in the beginning of January following, the said schooner returned to Savannah with one hundred and eleven barrels of rice, which were delivered on account of the deponent, and lodged in the stores of Mr. Francis Knowles, wharsinger in Savannah; and the deponent further saith, that he hath not since that time purchased or received any rice whatsoever from the said George M'Intosh, or from his plantation; nor hath any schooner or vessel, belonging to the deponent, brought or taken on board any rice from thence, to or from any persons whatsoever, to this deponent's knowledge or belief since that time.

(Signed) GEORGE HOUSTOUN.

Sworn this 19th of June, 1777, before

(Signed) JOHN GLEN, C. J.

AFFIDAVIT of JAMES JOHNSTON, Master of the Brigantine Betsey & Nancy.

THE examination of Capt. James Johnston, master of the brig Betsey and Nancy, taken upon oath the 23d of June, 1777.—Sometime, about the beginning of June last, I being mate of the brig Betsey and Nancy, then lying in Sappello River, Capt. Vallence master of said brig, informed me, that Mr. George M'Intosh and Sir Patrick Houstoun, had chartered the brig to go to Surinam, with a cargo of rice, at the freight of ten shillings per barrel, and desired me to get the vessel ready to take in as soon as possible, which I accordingly did. When the brig was near loaded, and had dropped down as far as Mr. Roderick M'Intosh's Bluff, Capt. Stewart, the owner of the brig, arrived from the Northward, and would not allow her to proceed on her voyage, as I was told by the captain, without he [Page] could sell her. The day after the captain informed me that Capt. Stewart had sold the brig, and that he intended to return to the Northward, with Capt. Stewart, to see his family, who, he was told, were very uneasy at his long absence. Mr. George M'Intosh (who I was informed was just returned from Savannah) sent for me, and asked me if I would go master of the brig, on a voyage to Surinam. I told him I had no objection. We accordingly agreed. I took charge of the vessel, and proceeded down the river. He told me at the same time, that Mr. William Panton, who was then at Sappello, would give me directions and letters to some merchants in Surniam, and that I should proceed on the voyage immediately. When I got down to Sappello Sound, Mr. William Panton and his brother Thomas Panton, came on board, the former of whom told me that his brother Thomas was to have the direction of the vessel and cargo, and that it was by desire of Mr. George M'Intosh, and Sir Patrick Houstoun. I asked if they had any orders from under those Gentlemen's hands to me; he told me not. I then intended going up to see Mr. M'Intosh, as I was displeased to have Thomas Panton put on board, and the direction of the vessel given to him; but was told, that Mr. George M'Intosh had returned to Savannah, therefore did not go up, but proceeded over the bar. When we got out, Mr. Thomas Panton desired me to make for St. John's River, in East-Florida. I told him my clearance was for Surinam; he then said I was to get a clearance from Florida also, to secure the vessel and cargo from the men of war. I accordingly went to St. John's, and was there boarded by sixteen armed men Belonging to Osborne, which made Thomas Panton destroy the Georgia clearances. He went to St. Augustine, and took out a new register and clearance for the Island of Tobago, and got the vessel clear from Osborne. During the time we stayed in St. John's River, which was about five weeks, not a barrel of rice was taken out of the brig, nor the hatchway ever opened, except a few barrels Mr. William Panton ordered out of the cabin, to supply his Indian store up the river. I believe it was ten barrels, but cannot be positive. During our stay there, we took no kind of lumber on board, or any thing else, but wood and water. We set sail the 9th of August (Thomas Panton still on board) for our destined port, Tobago, but could not make it, our sails being in bad order, and we also in want of water. We then run down to Antigua, and got water. Mr. Thomas Panton endeavoured to sell the cargo there, but could not agree. We then proceeded to Jamaica, and sold the cargo; which consisted of 230 barrels of rice. Mr. Thomas Panton then purchased rum, sugar and coffee, to the amount of the whole cargo. We then left Jamaica, and arrived at St. Augustine the 6th day day of January last. This is all I know concerning that voyage. During our stay in St. John's River, which was from the 4th of July to the 9th of August, no vessel arrived there with rice, nor could I hear of any that was expected, except some prizes Osborne carried [Page] into St. Augustine. I will also add, that from the conversation I had with Mr. George M'Intosh, at his own house at Sappello, and the frequent conversations I had afterwards with Mr. William Panton in Florida, I do sincerely believe that Mr. George M'Intosh never knew any thing to the contrary, but that the brig was destined and intended to proceed to Surinam, agreeable to her Georgia clearances: nor did I know any thing to the contrary, until I received my clearance in East-Florida for Tobago; but I believe that Mr. Thomas Panton▪ considering himself as entrusted with the vessel and cargo, was minded to fall upon the safest way of conducting her to Surinam, and with this view intended taking out a clearance from East-Florida, to serve against any men of war he might meet on the way; and it is my sincere opinion, that had we not have been boarded by sixteen armed men, as is before mentioned, in St. John's River, which occasioned Mr. Panton to destroy his Georgia clearances, we should have gone to Surinam, and immediately returned from thence to Georgia again; and I do firmly believe that this circumstance (which happened altogether accidentally) was the cause of the voyage being altered, and that the same was done by Mr. Panton himself, without the privity or knowledge of the shippers, Mr. M'Intosh or Sir Patrick Houstoun, who, in my opinion, fully intended the vessel and cargo for Surinam, and were, I have good reason to think, much surprized and offended with Mr. Panton for doing otherwise; and I also upon oath believe Mr. Panton has never accounted for, or remitted any part of the proceeds of the voyage to the shippers, but has kept the whole in his own hands, and applied the whole to his own use.

(Signed) JAMES JOHNSTON.

Sworn to this 23d of June, 1777, before me

(Signed) JOHN GLEN, C. J.

TO confirm the above affidavit still more, and put it beyond all doubt, that the rice shipped at Sappello in the brig Betsey and Nancy (otherwise called the St. Andrew) was not landed in East-Florida, nor never intended to be landed there, as is falsely asserted by Governour Tonyn in his letter, and by others, Capt. Johnston produced, before Chief-Justice Glen the original permit, sent to him from Augustine, before he left St. John's River, signed with the Governour's own hand, and is as follows, viz.

EAST-FLORIDA.

(Seal.) By his Excellency PATRICK TONYN, Esq Captain-General, Governour and Commander in Chief, in and [...]ver His Majesty's said [...], Chancellor, Vice-Admiral and Ordinary of the same.

IN pursuance of an act passed in the present session of Parliament, entitled. An Act to prohibit all Trade and Intercourse with the several Colonies [Page] therein mentioned, I do hereby authorize, license and permit James Johnston, master of the brigantine called the St. Andrew, of the burden of forty tons or thereabouts, to proceed with the said brigantine and cargo, consisting of two hundred and sixty barrels of rice, and five thousand staves for dunnage, from the River St. John's, in this Province, to his Majesty's Island of Tobago, there to unload and deliver the said cargo, and to return from thence, with the said brigantine, to the port of St. Augustine. This licence to subsist and be in force from the day of the date hereof, until her return as aforesaid.

Given under my hand and seal at St. Augustine, the third day of August, Anno Domini 1776, and in the 16th year of his Majesty's reign.

(Signed) PATRICK TONYN.

By his Excellency's Command,

(Signed) DAVID YEATS, Secretary.

To all Flag Officers, Captains, Commanders, and other Commissioned Officers, in his Majesty's Pay; and also, to all others, to whom these Presents shall or may concern.

STATE of GEORGIA.

PERSONALLY appeared before the Honourable JOHN GLEN, Esq Chief-Justice of the State of Georgia, James Johnston, master of the brigantine St. Andrew, who being duly sworn, maketh oath, that the above is the original permit of Governor Tonyn, of East-Florida, sent from Augustine to the deponent in St. John's River, where the brigantine then lay; that the brigantine's name was then altered from the Betsey and Nancy, to that of St. Andrew, and was the very identical vessel he sailed in, and was master of, from Sappello River in this State last June; and her cargo mentioned in the above permit, the same that was then taken in at Sappello by this deponent.

Sworn this 1st July, 1777, before

(Signed) JOHN GLEN, C. J.

THE preceeding affidavits shew clearly there was no more rice shipped from Mr. George M'Intosh's plantation since the month of November, [...]7 [...]5, (and crops of rice are seldom or ever prepared ready for market before that month or season of the year) but 111 barrels in December, in Mr. George Houstoun's schooner for Savannah, and what was shipped in the brigantine Betsey and Nancy, in June 1776 following, for Surinam; which, by the imprudence of Mr. Panton, appears to have been sent into St. John's River, between 40 and 50 miles north of Augustine, with an intention of getting a permit from Governour Tonyn to secure the brig from British men of war on the voyage; but the accidental circumstance of being taken in the mean time by Osborne in that river, occasioned the Georgia papers to be destroyed, to save her, and to get a new register and clearances from Augustine [Page] for the Island of Tobago, as they could not be got for any foreign port; all of which was done without the knowledge or privity of Mr. George M'Intosh. And it is very evident the rice was not landed in Augustine, as has been so often alledged, and so industriously circulated; and that the brig carried only 200 barrels of rice, and not 400 as Governour [...]onyn asserts in his letter. It also appears by the following affidavit of Capt. Stiles, and many others that might be got for the same purpose, that Tonyn was equally misinformed and mistaken in the thousand barrels of rice said in his letter to be shipped in the month of July, 1776, the date of that letter, and expected then at Augustine every hour; as it is well known in Georgia that no vessel went from that State with rice until the month of October following, when Le Conte and Kelsall's brig sailed from Ogechee-River, and Philip Moore's brig in December after. But if there were ten thousand barrels sent there, it is clear that Mr. George M'Intosh had no kind of concern with them, or in any other vessels▪ except the brig Betsey and Nancy, Capt. Johnston, as already mentioned. Nor is Governour Tonyn better informed with respect to the risk Mr. Panton run of his life and fortune by going into Georgia, as it is well known he had liberty at that time to come and go at pleasure, and was often in Savannah before the affair of the brig Betsey and Nancy; and it is pretty well known he had no fortune to lose: Therefore, if all the assertions in Governour Tonyn's letter are proved to be false, surely the idle conjectures of his own brain, respecting the sentiments and principles of Mr. George M'Intosh▪ whom he neither knew or ever had the least correspondence, connexion or concern with, must be concluded to be so also; or what other method, under Heaven, can any person have to disprove another's conjectures or opinion of him, without any kind of foundation, than proving his own positive assertions to be false, as has been already done; with respect to Tonyn's letter?

Capt. SAMUEL STILES's Affidavit.
STATE of GEORGIA.

PERSONALLY appeared before the Honourable JOHN GLEN, Esq Chief-Justice for the State of Georgia aforesaid, Capt. Samuel Stiles, who is owner of a plantation upon Ogechee-River, in the said State and was master and part owner of the schooner Race-Hors, taken and made a prize of by the pirate Osborne, of Augustine, in the month of July last, up that river; being duly sworn, maketh oath, that he had very good means of information, being a sea-faring man, and having gone to East-Florida to try to recover the said schooner taken by Osborne as above mentioned, and declares, that to the best of his the deponent's knowledge, no other rice was sent from this State to East Florida since last June, 77, except about two hundred barrels taken and made prize of as above-mentioned by [Page] Osborne; in the schooner Race-Horse, out of Ogechee-River; also the brig [...] with about four hundred barrels of rice, belonging to Le Conte and Kelsall, which sailed out of the said River Ogechee in October, and was afterwards said to be taken near the bar of Augustine and carried in there, and the brig Beaufort, with about seven hundred barrels of rice, belonging to Philip Moore, then of, and in this State, which sailed also out of the said river Ogechee, in December last: And the deponent verily believes, that no other rice than what is mentioned above, was sent from this State to East-Florida since June last, 1776. The deponent further saith that when he was in East-Florida after the said schooner, he (the deponent) was informed the brig Betsey and Nancy, afterwards called the St. Andrew, Capt. James Johnston, sailed out of the River St. John's, for Tobago, without unloading her cargo in East-Florida, the day before the deponent arrived there.

(Signed) SAMUEL STILES.

Sworn this 1st day of July, 1777, before

(Signed) JOHN GLEN, C. J.

TO put this matter of Mr. M'Intosh's beyond all doubt, with every honest impartial person, who will be convinced, the two following affidavits of Mr. Baillie and Mr. Demeré are inserted, being near neighbours of Mr. M'Intosh; the first a professed Tory, or advocate for the old British Government, but deemed a very honest man; the other (Mr. Demeré) always a zealous friend for the cause America is now engaged in: They are chosen on purpose for being of different political sentiments, amongst many others, who will declare to the same effect, if necessary, to shew clearly that Mr. George M'Intosh not only entered early, but always continued firmly and invariably attached and active in the great contest his country is now supporting, and can be proved by the whole tenour of his conduct, and all his acquaintance; but also to prove, as far as such a vague charge or the nature of the case will admit, that he never had any private conversation with Mr. Baillie, who was Mr. M'Intosh's brother-in-law, and lived in sight of each other, which discovered any disaffection to the cause he (Mr. M'Intosh) espoused, and was engaged in; but, on the contrary, always differed so much, that they were (though otherwise on good terms) ever contesting and wrangling on their political sentiments, when and whereever they met. And it must be impossible if he was otherwise inclined or biassed in the least, that Mr. Baillie should be ignorant of it, or that any one plausible conjecture can be formed for Mr. Panton's information to Governour Tonyn, than to shew the Governour his own importance, and recommend himself; or, urged by motives of mistaken friendship for Mr. M'Intosh, as Mr. Baillie, by the following affidavit, seems to think, that some favours might be shewn to Mr. M'Intosh, in case Carolina or Georgia fell into the hands of the British fleet and army then lying before Charlestown, which seems to have been Mr. Panton's opinion at that time.

[Page]

The AFFIDAVIT of ROBERT BAILLIE, Esq.

PERSONALLY appeared before me Raymond Demeré, one of the Colony Justices for the Parish of St. Andrew, in the State of Georgia, Robert Baillie, Esq who being duly sworn on the Holy Evangelists of Almighty God, declares, that some time in the beginning of last year, the brig Betsey and Nancy, Capt. Vallence, was lying at his landing, and as the captain was frequently at his house, expressed his apprehensions of the brigantine's being burned by the armed vessels. He, the deponent, asked him in course of conversation, if he would sell or charter the brig, as he wished to have a vessel to remove his family and effects to some other country, mentioning Demarara or the Musquito-Shore. Capt. Vallence readily said he would do either, but as he, this deponent, apprehended great danger from the men of war, he for that time dropt all thoughts of it; only begged Capt. Vallence to give him the preference, and acquaint him before he either sold or chartered her, which he promised to comply with. Some time after Mr. William Panton called at this deponent's house, in his way to St. Augustine, when he, the said deponent, mentioned the great desire he had to leave this province, on account of the unhappy disturbances which he imagined would greatly distress it, and in all probability be involved in an Indian war; and mentioned to Mr. Panton the views he had of the brig, asking him if he thought it possible to procure in East Florida a new register and clearances, in order to screen her from the men of war. Mr. Panton answered, that he did not think it would be possible; but if he, this deponent, chose it, he would try. This deponent then sent for Capt. Vallence, and after talking the matter over, and convincing him that it would be the most effectual method of securing his owner's property, he consented, and gave Mr. Panton a bill of sale of the brigantine, which was to remain secret. Some considerable time afterwards, Capt. Vallence informed this deponent, that Mr. George M'Intosh wanted to charter the brig, and the deponent not having heard from Mr. Panton as he expected, consented to Capt. Vallence's acting as he thought proper. Soon after Mr. Panton returned, and told this deponent it was not in his power to procure a register from Florida for the brig, as she was not there. This deponent then informed Mr. Panton, that Mr. George M'Intosh and Sir Patrick Houstoun were about chartering the brig to go to a foreign market with a load of rice. Mr. Panton then informed this deponent, that he had brought a few goods with him to sell, but that he would not part with them without he had leave to ship the returns. The deponent advised Mr. Panton to apply to the Committee, which he did, and obtained leave to dispose of his goods, and to ship the returns for a foreign market, upon his giving security agreeable to the resolves of Congress. After disposing of the goods, Mr. Panton finding the proceeds to be more than he could carry in his small vessel, expressed a desire to be concerned in [Page] the cargo of the brig, and this deponent desired him to go and speak to Mr. George M'Intosh about it, and to mention that this deponent would be glad to be concerned also. After several conversations with Mr. George M'Intosh, it was agreed that Mr. Panton and this deponent should be concerned with Mr. George M'Intosh and Sir Patrick Houstoun. It was then determined to send the brig to Surinam, consigned to a house there, the firm of which this deponent does not recollect, and the charter party was accordingly drawn and executed by the parties, at the rate of ten shillings per barrel, for the port of Surinam, and Mr. M'Intosh soon after sent a clearance from Savannah for the said port. But it was privately agreed between this deponent and Mr. Panton, that the brig should touch at St. Mary's or St. John's for a register and clearance, in order to secure the vessel from men of war, which was to be concealed from the knowledge of Mr. George M'Intosh, knowing that he would not concur in it; and to the best of this deponent's belief, imagines it was so. When the brig was near loaded, the owner of her, Capt. Stewart, arrived from Philadelphia, and insisted the vessel should not proceed on her voyage without he could sell her; upon this the parties concerned agreed to purchase her, rather than the vessel should be longer detained, which was accordingly done. Capt. Vallence being unwilling to proceed on the voyage, returned to the Northward with Capt. Stewart, in whose place James Johnston, the mate, was appointed master, who the deponent firmly believes was unacquainted with the vessel's touching at any other place than the port of Surinam. As Thomas Panton was desirous of going passenger to the West-Indies, the direction of the voyage and sale of the cargo was given to him by his brother William Panton, as this deponent believes. And this deponont further declares, that he knows of no rice, or any other kind of provisions, being shipped from Sappello-River for twelve months before or since that period, except a few barrels of rice that came round to this river, and shipped on board Capt. Nichols's schooner, and 150 bushels of rough rice this deponent sold to Capt. Taylor some time before. This deponent also declares, that since the sailing of the brigantine from this river, he has never heard from Mr. Panton by letter, message or otherwise; and at the time the report prevailed of the brigantine's being in St. John's River, Mr. M'Intosh frequently expressed great uneasiness to this deponent, saying he was afraid Mr. Panton had deceived us. The deponent having seen an extract of a letter from Governour Tonyn to Lord George Germaine, respecting Mr. George M'Intosh, induces him to declare upon his oath what he knows of that gentleman's political sentiments. In every conversation the deponent had with Mr. George M'Intosh, he ever found him to be a warm friend to the American cause: And this deponent further declares, that he believes it was owing to Mr. George M'Intosh's indefatigable pains, that most of the people, in this parish signed the Association so early as they did, and was the principal [Page] means of keeping up the publick Meetings and Committees. This deponent further says, that during Mr Panton's short stay at his house in June last, political disputes frequently arose between Mr. Panton and Mr. George M'Intosh, when the latter always warmly supported the measures of the Continent, and over appeared uniform in avowing his attachment to the American Cause. Mr. Panton often in private mentioned to this deponent, his concern for George M'Intosh on account of the active part he had taken in these disputes and that he was very apprehensive Mr. George M'Intosh would be a very great sufferer, as he was convinced South-Carolina would shortly be reduced by the British fleet and army then before it, and that this province would inevitably follow its fate. All this strongly induces this deponent to believe that Mr. Panton, urged by motives of friendship and regard to Mr. George M'Intosh, was his reason for representing to Governour Tonyn what he thought would prove favourable to Mr. George M'Intosh, in case matte [...]s terminated as he had suggested.

(Signed) ROBERT BAILLIE.

Sappello, Parish of St. Andrew, taken and sworn to before me the 27th Day of March, 1777.

(Signed) RAYMOND DEMERE, J. P.

Sworn the [...]3th Day of June, 1777, at Savannah, in Georgia, before me

(Signed) JOHN GLEN, C. J.

The AFFIDAVIT of RAYMOND DEMERE, Esq.

PERSONALLY appeared before me JOHN GLEN, Esq Chief-Justice of the State of Georgia, Raymond Demeré, of St. Andrew's Parish, in the said State, who being duly sworn on the Holy Evangelists of Almighty God, maketh oath, that he has resided in the said Parish for three years last past, and is a neighbour of George M'Intosh, Esq of the said parish, who this deponent unde [...]stands has lately been accused of holding a traiterous correspondence with the enemies of the United States of America. In order to do common justice to his gentleman's character, this deponent is induced to declare what he knows concerning his conduct and political sentiments since the commencement of hostilities with Great-Britain. This deponent has had frequently the honour, with Mr. George M'Intosh, to represent the parish of St. Andrew in Convention, and has ever had the strongest reason to believe him to be a warm friend to the American cause, and supporter of the interests hereof, not only in Convention, but by a declaration of his sentiments, and actions on different occasions. This deponent further declares, that Mr. George M'Intosh was among the first of those advocates in this State who early stood forth at the hazard of life and fortune, to support the measures of the Continent; and has, to the best of this deponent's knowledge and belief, uniformly conducted himself in avowing his attachment to the cause, and supporting its interests. And [Page] this deponent further declares his belief, that it was owing to Mr. George M'Intosh's indefatigable pains, that most of the people in St. Andrew's Parish signed the Association so early as they did, and was the pri [...]cipal means of keeping up the Publick Meetings and Committees in the said Parish. This deponent further declares, that he knows of no one action or circumstance of the said Mr. George M'Intosh's conduct, that ever gave him realon to think otherwise than that he was a true and just friend to the American Cause, in which he so early engaged. As one of the principal charges against Mr. George M'Intosh is his having supplied our enemies in East-Florida with provisions, this deponent declares that he knows of no one instance that has the least tendency towards the support of such an accusation, and the deponent thinks it scarce possible that such a communication could have been carried on with East-Florida without his knowledge.

(Signed) RAYMOND DEMERE.

Sworn to before me the 12th April, 1777,

(Signed) JOHN GLEN, C. J.

THE two last affidavits from men so widely different in political sentiments, and who had every means of knowledge and information, not only sufficiently prove Mr. George M'Intosh's conduct, conversation and practices to be always uniform, steady, and agreeable to his pofessions in the great Cause of the Continent, from the beginning of our contest with Britain, but are also a further confirmation and proof, if any more are necessary, that he never supplied our enemies in East Florida with any provision, or ever intended, or was concerned in supplying them. If it is also considered that Mr. M'Intosh is amongst the very few in Georgia whose patriotism was divested of every view of profit or parade, [...]s he neither fought or would accept of any office for advantage, it will afford another proof in his favour; as if cannot be supposed a man so fond of a domestick easy life, could be tempted by any thing the enemies of his country could offer, or what but a love of freedom, natural to an American, could rouse him, when few in his country appeared for it. The truth is, Mr. M'Intosh, who had no lucrative motives himself, ever opposed those who had no other, and who had designs against the liberties of their country, which is solely the cause of his present persecution. His enemies are afraid to try him in the State▪ well knowing that nothing can be found against him, and are determined to punish him some way, or oblige him him to fly the country.

But let us now turn to the other side of the question, and see what further ev [...]dence appeared before the Honurable House of assembly against Mr. George M'Intosh. To find proof that the cargo of the brigantine Betsey and Nancy was originally intended for, and afterwards landed, sold and delivered in Augustine, if it could be done, can only forfeit the [...]ond intended for that very purpose. The Reader will doubtless, besides that, expect some clear and convincing proof of treasonable practices in Mr. [Page] M'Intosh, to occasion such violent and flaming resolves in the House, as irrevocable as the laws of the Medes and Persians, insomuch that the Governour and Council have not the power to deviate in the least from them, however the matter may appear to themselves; to begin a precedent so dangerous in sending a fellow citizen a thousand miles for his trial, which is clear by the resolve of Congress was not intended by that wise Senate: and also, to be the only instance wherein the late Council were blamed for their conduct.

GEORGIA.

HOUSE of ASSEMBLY June 5, 1777.

THE House having taken into consideration the letter from the President of the Continental Congress, dated January 8, 1777, accompanied with a copy of a letter from Patrick Tonyn▪ of East-Florida, to Lord George Germaine, which were sent to the late President and Council of this State, with a particular recommendation from the said Congress to apprehend George M'Intosh, Esq. And having also considered the proceedings thereon had by the said late President and Council, with some further evidences which have been laid before this House respecting the charge against him the said George M'Intosh:

Resolved, as the opinion of this House, that the said George M'Intosh ought to be considered as a prisoner taken into custody for the United States in general, as well as this State in particular.

Resolved, as the opinion of this House, that from the nature of the crime with which he the said George M'Intosh is charged, and the present critical and dangerous situation of this State, it is highly expedient and necessary, that notwithstanding the attempt to enlarge him on bail, he should be held in close custody as a prisoner of the United States, and a proper guard, be sent forward to the Continental Congress, to be disposed of as they shall think proper; together with all the proceedings of the said late President and Council, had in his case, and also with the several depositions taken before this House respecting the charge laid against him, the said George M'Intosh, on which he was apprehended.

Ordered therefore, that the Sheriff, in whose custody the said George M'Intosh now is, do deliver him over into the custody of such guard, as the Governour and Council of this State shall appoint to receive him the said George M'Intosh, to be conveyed to the Continental Congress; and that authenticated copies of the proceedings of the late President and Council, and like copies of the proceedings of this House with this order, be presented to his Honour the Governour and Council, and that they be requested to forward the same with the said George M'Intosh to the Continental Congress, as soon as conveniently may be done.

A true Copy from the Minutes.

HENRY CUYLER, Clerk.

[Page]

GEORGIA.

PERSONALLY appeared before me Edward Langworthy, one of the Justices appointed to keep the peace for the State aforesaid, James Johnston, who being duly sworn, says, that Mr. George M'Intosh shipped him, the said deponent, on board the brig Betsey, as master, and told him that the voyage was to Surinam, and that it appeared to the said deponent that Sir Patrick Houstoun was pa [...]t owner of the said brig Betsey. This deponent says also, that the said brig's loading consisted of about two hundred and thirty barrels of rice and a few staves, which said rice the verily believes belonged and was shipped by George M'Intosh and Sir Patrick Houstoun; that the deponent dropped down Sappello-River with the said brig without signing any bills of lading whatever, and then Messrs. Panton came on board in Sappello Sound, and told the deponent that they had purchased the said brig and cargo; and the deponent seeing an intimacy between Messrs. Panton, George M'Intosh, and Sir Patrick Houstoun, and their readiness in shipping the cargo, was induced therefrom to obey their orders in the further destination of the voyage. The deponent further says, that by the orders of one of the Pantons, who remained on board the brig, he proceeded from Sappello to the River St. John's, where the deponent signed bills of lading, and obtained a clearance for the Island of Tobago, in the West-Indies. That when the deponent sailed from the River St. John's, Mr. Panton ordered him to proceed to the Island of Tobago, but for want of water and other reasons, the deponent made the Island of Antigua, from whence the deponent sailed to the Leeward, and touched at St. Kitts to try the markets, from whence the deponent sailed for Jamaica, where Mr. Panton sold the cargo of the said brig Betsey; that in Jamaica Mr. Panton purchased a cargo of rum▪ sugar and coffee, and shipped the said articles on board the afore-mentioned brig (whose name on leaving St. John's River was changed to the name of St. Andrew) and then sailed to the port of St. Augustine, in East Florida, where the said brig was unloaded. The deponent also says, that at the time he sailed down Sappello-River, there was a sloop sailed down likewise before him, and that she appeared to be loaded, and that the deponent verily believes he saw the same sloop in the River St. John's.

(Signed) JAMES JOHNSTON.

Sworn before me this 31st day of May, 1777.

(Signed) EDWARD LANGWORTHY, J. P.

GEORGIA.

In the HOUSE of ASSEMBLY, May 29, 177 [...].

ANDREW COOK was brought before the bar of the House, and being duly sworn was examined respecting the charge against Mr. George M'Intosh, and said that some time last June he was overseer to Mr. M'Intosh, and that upwards of one hundred and seventy barrels of rice belonging to hie employer, were shipped on board the brig Betsey, [Page] Capt. Johnston, master, then lying in Sappello-River, and that there were▪ more barrels of rice from Mr. Robert Baillie's, and from Sir Patrick Houstoun's, shipped at the same time on board the said brig; that Mr. M'Intosh told him that the rice was consigned to Messrs. Pantons▪ who were frequently, together with Sir Patrick Houstoun and Robert Baillie, at the house of Mr. M'Intosh; that a sloop loaded with Sir Patrick Houstoun's rice went down the River Sappello with the above-mentioned brig; that Mr. M'Intosh shipped one hundred and eleven barrels of rice on board another schooner, which schooner he supposed belonged to Mr. George Houstoun, the master one Bradley.

A true Copy from the Minutes,

HENRY CUYLER, Clerk.

GEORGIA.

In the HOUSE of ASSEMBLY, June 5, 1777.

ALEXANDER TODD was brought before the bar of the House, and being duly sworn, was examined respecting the charge against Mr. George M'Intosh, and said that he saw the Pantons frequently at Mr. Baillie's, he being gardener to the family; that there was a sloop in Sappello-River loaded with rice, and he heard it belonged to Sir Patrick; but as he was seldom from home he knew very little of these matters, or how far Mr. George M'Intosh might be concerned in them.

ROBERT BAILLIE was brought before the bar of the House, and being duly sworn, and asked whether he knew any thing of Mr. George M'Intosh's shipping any rice on board the brig Betsey, Capt. Johnston, in Sappello-River, upon which he acknowledged that he, Robert Baillie, Sir Patrick Houstoun, and Mr. George M'Intosh shipped the said rice; that it was done by permission of the Parochial Committee, and that he apprehended it was to be carried to Surinam; being asked whether he knew that the brig and cargo were to be under the direction of Mr. Panton, jun. he answered in the affirmative.

A true Copy from the Minutes,

HENRY CUYLER, Clerk.

WE will conclude with only one remark, which must strike every one who carefully peruses and compares the foregoing affidavits. It would be uncharitable to suppose that Capt. Johnston, Andrew Cook, and Robert Baillie, when upon oath, would not give the same evidence to the best of their knowledge at all times; yet the difference here in them all is very observable, before different magistrates. Mr. Baillie says, he gave upon oath before the House, to the best of his remembrance, the substance of all he swore to 27th March, 1777, before Mr. Demeré, and afterwards confirmed the [...]3th June, 1777, before the Chief-Justice. But we will now confine ourselves only to Andrew Cook's affidavits before Mr. Demeré and Mr. Langworthy. The first (which was taken after he was discharged) shews [Page] clearly that Cook was overseer and manager to Mr. George M'Intosh from November, 1775, to the 25th March, 1777, the day he was turned off for assisting the people of St. John's Parish, in breaking and plundering the house of his employer: That in all that time, and consequently for some time before (as crops of rice are seldom or ever beat out or ready for market before November) Mr. M'Intosh never shipped any other rice but one hundred and odd barrels in Mr. George Houstoun's schooner in December, 1775, and is proved by Mr. Houstoun's affidavit to be landed in Savannah, and that his schooner brought none since, and what was shipped on board the the brig Betsey and Nancy, Capt. Johnston, in June, 1776; whereas it would appear in Cook's affidavit before Mr. Langworthy in the House, that he was overseer to Mr. M'Intosh only in the month of June, 1776; that more rice might have been shipped before and after that date, unknown to him, and that the rice shipped on board Mr. Houstoun's schooner was in the same month, and might have gone to Augustine the same time with the brig Betsey and Nancy, Capt. Johnston, which shall be left to the world to make what remarks upon they please. Cook's evidence only is taken notice of, because it made a great clamour out of doors, while all was secret within, and was said to have discovered a great deal with respect to Mr. George M'Intosh.

Upon the whole, it were to be wished for the honour of Georgia, the United States, with whom they are so nearly connected, and the cause of Justice and Humanity, in which they are all so deeply interested and engaged, that unanimity, peace and order, would once take place in that distracted State Our enemies exult and rejoice in such divisions, which furnish them with fresh arguments for their obstinacy: And where parties prevail and are violent, they will ever retard the publick good, thwart each other in the best measures, and will create animosity, enmity and malice, and the most barbarous, cruel and unjust usage and persecution of their best fellow citizens; while Tories, and those who are really inimical to their country, are suffered to live at their ease and unmolested, and the most despicable of them taken into favour to strengthen a party; and those who stood foremost at the risk of their lives, as well as fortunes, when few supported the cause, are cried down, as is now the case with Mr. George M'Intosh and others.

To shew that George M'Intosh is not gone to Augustine, as is industriously reported, and as some would wish, an extract of a letter from him is given, dated St. Andrew's Parish, 4th July, 1777, viz.

§

SINCE I wrote you last, the Parish of St. John's men (they say by the Governour's orders) have again taken possession of my estate, destroyed all my crop on the ground by turning their horses into it, killed and drove off all my stock of every kind, broke open my house barn and cellar, [Page] plundered and carried off every thing of value they could find, and still continue there, wantonly committing every waste in their power.

I would only ask any honest man, by what law▪ or shadow of justice, they do all this? They have not proved one single crime against me with all their art and malice, and they are afraid to give me a fair hearing, either before the Legislative, Executive or Judicial Departments; well knowing and convinced, that I can clear myself of every thing they lay to my charge: But that would not suit their wicked and—purposes. I am now without house or home, in my native country, and what property I have been collecting in an honest way, these twenty years past, arbitrarily and unjustly taken from me▪ without any form of trial; my poor unfortunate and helpless children made beggars, and myself wandering from place to place through the woods like a vagabond and an outlaw. Unjustly drove to such extremities, God and man would justify every means of redress; or can I be said to be subject to any laws that afford me no protection? But I am resolved to stand it a while longer, and see what lengths my enemies will go. I find few of my friends dare speak their mind, or say a word in my behalf▪ though conscious of my innocence. They are afraid to lose their popularity or their property, though I think they are taking the most effectual steps to lose both. By this time, I expect people are convinced my securities have nothing further to do with me, as I have been twice in custody. It is my opinion the resolve of Assembly made the bond void of itself, and I believe▪ if you examine it, you will think so too, &c.

P. S. The gallant St. John's men have drove my faithful and trusty overseer off my plantation. Excuse the writing, as it is upon my knee, and under a tree.

Extract of another Letter from George M'Intosh, dated St. Andrew's Parish, the 6th July, 1777.

I AM just informed one of my trusty negroes upon my indigo plantation was cruelly whipped until he died in the rope, because the poor fellow could not tell where I was. The slaves of my brother William, his son John, and James Spalding, with their overseers, are also taken into custody, and carried to St. John's Parish, just when they were ready to make their indigo, a fine crop, which must now be lost, up [...]n what pretence I cannot yet find, but it is said until I am produced. These people seem to delight in nothing but cruelty, destruction and plunder; they have now nearly depopulated and finished the ruin of St. Andrew's Parish, the largest, best, and one of the oldest and most flourishing in the State of Georgia, as they threatened, and boasted to be their intention, by joining it in one country with St. John's. The men of any property are almost all now drove to settle as best they can in some other parts of the State, leaving their fine improvements and settlements behind them; the poor also, and those who [Page] depend for a living upon their little stocks, are plundered of all they had, and reduced to the necessity of moving down to the Oyster-Banks, with their wives and children for subsistance: Those who yet remain, are trembling, expecting daily the vengeance of those pious tyrants, and think seriously now of moving to Carolina, or some other State, for safety of their persons. If they should be obliged to leave their property behind them, which evidently seems to be the aim, surely the good people of Georgia must be ignorant of the transactions in Liberty County (as it is falsely called) otherwise they would fall upon some means of redressing the unsufferable grievances and horrid oppression of so many of their fellow citizens, which must reflect disgrace upon the wisdom and justice of the State, and dishonour upon the Glorious Cause we are engaged in. Deplorable as my own situation is, not knowing yet what I shall be drove to, my heart bleeds for the distresses of some of the poor people, the oldest settlers and natives of my country.

FINIS.

§

§

[Page]

[Page]

THE CASE OF GEORGE M'INTOSH, Esquire, A Member of the late COUNCIL and CONVENTION of the State of GEORGIA; WITH The PROCEEDINGS thereon in the Hon. the ASSEMBLY and COUNCIL of that State.

Audi alteram Partem!

Printed in the Year MDCCLXXVII.

Information about this book

Title statement

The Case of George M'Intosh, Esquire, a member of the late Council and Convention of the state of Georgia; with the proceedings thereon in the Hon. the Assembly and Council of that state. : [One line in Latin]

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2005-12.

ID [DLPS]

N12190

ID [TCP]

N12190

ID [STC]

Evans 15383

ID [NOTIS]

APW1969

ID [IMAGE-SET]

15383

ID [EVANS-CITATION]

99007786

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early American Imprints, 1639-1800 ; no. 15383.

Notes

(Evans-TCP ; no. N12190)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 15383)

Images scanned from Readex microprint and microform: (Early American imprints. First series ; no. 15383)

Source

— The Case of George M'Intosh, Esquire, a member of the late Council and Convention of the state of Georgia; with the proceedings thereon in the Hon. the Assembly and Council of that state. : [One line in Latin], Georgia. Legislature..

Extent

29, [1] p. ; (4to)

Printed [by Lancaster & Mumford?],. [Savannah?] :: in the year MDCCLXXVII. [1777]. (A defense of M'Intosh against charges of loyalist sympathies.) (Tentatively ascribed to the Savannah press of Lancaster & Mumford by D.C. McMurtrie in his Located Georgia imprints of the eighteenth century not in the DeRenne Catalogue, 1934.)

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