[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 4] 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 5] 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 6] 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.

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 8] 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 9] 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.

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 10] 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:

[Page 11] 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

[Page 12] 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.

[Page 13]

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.

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 18] 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?

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 20]

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 24] 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.

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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 27] 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.