in the several counties, and that the assembly should convene on the first Tuesday in May.

It was to be expected that in framing a new system of government, the duties and powers of its component parts, would not be well understood. Jealousies arose between those who were placed at the heads of the different departments; parti cularly between the civil and military. President Gwinnett and colonel M'Intosh had been candidates for the appointment of brigadier-general, to command the four continental battalions or regiments, raised and to be raised in Georgia. The friends of these gentlemen had warmly interested themselves for their favourite candidate, and some ill-natured comments had escaped from them, respecting the political and military talents of each other. M'Intosh was finally the successful can didate. Gwinnett had the address to gain over to his interest, a large majority of the executive council; and in order to mortify the military pride of his adversary, endeavoured to impress the public mind with the dangerous consequences of vesting military commanders and courts-martial, with the exercise of any power, which could be withheld from them, and exercised by the civil authority.

This ill-judged system was often complained of by general Washington, who frequently felt the baleful effects of its influence. The exercise of the powers assumed by Gwinnett, over the army, produced the contempt and disrespect of some of

the inferior officers toward the eneral, and destroyed the basis of military discipline. When any of the officers were charged with offences, civil or military, Gwinnett claimed the right of try-. ing the offenders before the executive council. If an officer was ordered on command or detachment, he was selected by, and received his orders from the president and council. Gwinnett projected an expedition against East-Florida, which he contemplated carrying on with the militia and continental troops, and without consulting general M'Intosh upon the subject, or giving him the command of his own brigade. He had a number of printed proclamations prepared, to be issued so soon as he should cross St. Mary's river, and hoist the standard of liberty in that province; and was of opinion that there was nothing necessary for the accomplishment of this object, but the show of an army, with a man of talents at its head, to encourage the people of that province to change its government.

This expedition was to be commanded by Gwinnett in person. The province contained but few actual inhabitants, and those were generally warm advocates for the government of the crown of Great-Britain. The strength of EastFlorida, consisted of loyal refugees from the two Carolinas and Georgia. No reliance was placed upon the produce of the province, for subsistence or forage. Rice was plundered from the planters on the sea-coast; and the forest between Alata

maha and St. Mary's, abounded with horned cattle. From these circumstances, the chimerical plan of Gwinnett was discountenanced by his friends, and relinquished.

A brother of general M'Intosh, who had embarked with great zeal in the American cause, had engaged in a speculation with a British merchant, and despatched some vessels laden with rice and flour to Surinam, for which he had a licence from the committee of safety. The British merchant had procured other clearances from St. Augustine, for the same vessels, to proceed to British ports. If this circumstance was known. to Mr. George M'Intosh, Mr. Houstoun, and Mr. Bailie, who were concerned in the speculation, it was a direct violation of the resolution of congress, which prohibited all intercourse with the enemy. In order to mortify general M'Intosh, and destroy his influence and military pride, his brother became an object of Gwinnett's particular resentment and persecution. His utmost ex. ertions were used to make unfavourable impressions on the public mind, against the political principles of the general; asserting that it was dangerous to entrust him with a military commission of such high grade.

Notwithstanding the courage and bravery of which M'Intosh had given ample proofs, in every instance where they had been tested; he appears to have been opposed from principle, to affairs in single combat; but on this occasion he was ob

liged to yield to his feelings and the public opin ion. At the meeting of the general assembly, on the 8th of May, John Adam Truitlen, opposed Gwinnett for the government of Georgia, and the appointment was confered upon him by a large majority. General M'Intosh remarked in presence of the council, that Gwinnett was a scoundrel, and that he was gratified at Truitlen's election. On the 15th, Gwinnett sent M'Intosh a challenge, demanding a meeting the next morn ing at sun rise, to give him satisfaction. They met accordingly and exchanged a shot at the short distance of twelve feet; both were wounded near the same part in the thigh. M'Intosh recovered, but Gwinnett's wound proved mortal, and he died on the twelfth day after the combat.

Gwinnett appears to have been a man of considerable literary talents, but hasty in his decisions, overbearing in his temper, and wild and excentric in his plans. The outlines of the constitution of Georgia were attributed to his pen, and he was in congress at the time independence was declared, and subscribed to that ever to be remembered instrument of freedom.

Though general M'Intosh appears to have been drawn into this duel, without his own ap proval of such a resort, yet the friends of Gwinnett were not satisfied with the issue. Mr. Hall and Mr. Wood, who were members of the executive council, brought up the subject before the legis lature, and charged the county magistrates, and

more particularly judge Glen, with neglect of duty, because M'Intosh had not been bound over to stand his trial for the murder of his opponent. Upon hearing the course which was about to be pursued, general M'Intosh surrendered himself to the judge; was bound over for his appearance, tried and acquitted.

Colonel Walton of Georgia, and colonel Laurens of South-Carolina, who were then in congress at Philadelphia, and appear to have been the particular friends of general M'Intosh, were apprehensive that the party divisions in Georgia, might terminate injuriously to the American cause. These gentlemen apprized general M’Intosh of their apprehensions, and requested his permission to apply to general Washington, to give him a command in the northern army, until, the existing differences should subside. M'Intosh reluctantly yielded to a removal from his own state, so long as it required the services of an officer of his own rank; but he submitted to it, under the influence of those political motives which had been offered by his friends.

About this time, the hostile temper of the Indians against the frontiers of New-York, Pennsylvania, and Virginia, required that a brigade should be distributed into small garrisons, to cover that extensive country, and check the incur sions of that much dreaded enemy. M'Intosh's experience and knowledge of the Indian charac ter, induced general Washington to select him for this command.