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on the way, and died soon after. M'Intosh arrived at the seat of government on the 9th of October, where he presented his memorial and the depositions for and against himself; and prayed congress to examine and decide upon his case. Congress accordingly took up the matter, upon which order was taken as follows:

"In Congress, October 9th, 1777. Upon considering the papers received from the president of the state of Georgia, respecting George M'Intosh, taken into custody, in consequence of information transmitted, and a request made by congress to the government of the said state, and the memorial of the said George M'Intosh, praying congress to take his case into consideration. Resolv ed, that a committee of three be appointed to ex. amine into the said papers and memorial, and report their opinion, whether there is sufficient cause before congress for the detention of the said George M'Intosh, in order that if such cause appears, he may be sent a prisoner to the state of Georgia, of which he is a citizen, for trial; or otherwise may be discharged." The members chosen to constitute this committee, were Messrs. J. Adams, Duane, and Williams.

"In Congress, October 10th, 1777. The committee to whom were referred the papers, received from the president of the state of Georgia, respecting George M'Intosh, taken into custody, in consequence of information transmitted, and a request made by congress to the government of

the state of Georgia, and the memorial of the said George M'Intosh, praying congress to take his case into consideration; report, that they have examined into the said papers and memorial, and are of opinion, that there is not sufficient cause before congress for the detention of the said George M'Intosh: Whereupon resolved, That the said George M'Intosh be discharged." If Mr. M'Intosh was friendly to the royal cause, he did not give those evidences of it afterward, which were given by many of his prosecutors; by surrendering voluntarily, and taking protection under the British government.

During the revolutionary war, general Washington was frequently embarrased in his military operations, by the interference of the civil departments of the states, as well as of the general government. Under the administration of president Gwinnett, in Georgia, similar causes produced the same effects. His first plan for the reduction of East-Florida, having failed; he contemplated a second, under the command of colonel Elbert, with the continental troops, and colonel Baker, with the militia. The plan of operation, appears to have been concerted by president Gwinnett and his council, under the denomination of a council of war. Colonel Baker was ordered to proceed by land with the militia; and colonel Elbert, with the continental troops by water, in small vessels and boats, by the inland passage. Four hundred continental troops embarked in three gallies,

and several small boats, constituted Elbert's command. Sawpit bluff, twelve miles from the mouth of St. John's river, was agreed upon as the place of rendezvous, on the 12th of May. In conformi ty with these arrangements, colonel Elbert embarked, after the necessary preparations were made, allowing himself sufficient time to reach the place of rendezvous, at the time appointed.

Colonel Baker appears to have embarked with sanguiné expectation of the success of this expedition, but the exercise of his best efforts, brought to his standard only one hundred and nine volunteers, including officers; which was far short of the requisite number to accomplish the plans which had been projected. With this force he marched to fort Howe, where he was again disappointed in his expectations of being joined by colonel Sumpter with the South-Carolina troops. Sumpter had received orders from general Howe, to march the next morning to Savannah, and thence to Carolina. The Alatamaha river was so high as not only to fill its banks, but to cover the low grounds from one hill to the other. With great difficulty, Baker's command effected a passage over it in two days. On the morning of the 4th of May, he was attacked by a party of Indians, who rushed into his camp at the dawn of day * lieutenants Robeson, and Frazer were wounded, and one Indian killed. The skirmish lasted but a few minutes, when the Indians fled. Baker pursued them with forty men, to Finholloway

creek, about twelve miles from his camp, but not being able to come up with them, he returned. The next morning he marched for his destination, where he arrived on the 12th, without the occurrence of any difficulties, except from the delay, necessarily occasioned in crossing Sattilla and St. Mary's rivers, which he effected on rafts, and by swimming his horses. Finding that colonel Elbert had not yet arrived, major William Baker was detached with forty men to reconnoitre the country as far as Cowford, on St. John's river. In reconnoitring he fell in with one Barefield, an inhabitant of the province, who informed him that he had been surrounded by fifteen Indians, and taken prisoner, the preceding morning; but when they were informed that he was a Floridian, they permitted him to proceed upon his business. He also observed to Baker that he had seen two spies on their way to St. Augustine, by whom he was informed that there was a large body of American troops on their march toward that province, and that St. Augustine was supposed to be their destination.

On the night of the 15th, some Indians were discovered near the camp, and fired on by a sentinel, and the next morning about forty horses were missing. Colonel Baker pursued on the track about four miles, and discovered the horses, hobbled, along the margin of a thick swamp, which gave strong indications of an ambuscade being formed by the enemy. To avoid falling

into it, and bring off the horses, required courage and caution; as the number of the enemy was not known to him. A few men were ordered to dismount and pass round as secretly as possible, and cut the horses loose; while the remainder presented themselves on open ground at a distance, to divert the attention of the Indians; and so soon as the horses were cut loose from their fastenings, another party of the horsemen were to charge in between the horses and the swamp, and drive them off. This was effected with the loss of two men wounded, and four or five horses killed. The Indians pursued them about a mile, and though there were but fifteen of them, Baker could not prevail upon his men to give them battle. He retreated to his camp, paraded all his force and returned; but the Indians had fled and set fire to the woods to prevent a pursuit upon their trail, leaving one Indian on the ground, who had been killed.

Four days elapsed after the time appointed to form a junction with colonel Elbert, and no intelligence had been received from him. Baker knew that the enemy at St. Augustine were apprized of his situation and knew his force, which excited alarm for the safety of his command; but until he heard from Elbert, he was unwilling to aban don the expedition. On the morning of the 17th he determined to change his encampment, and take a position more favourable, in the event of his being overpowered and compelled to retreat.

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