nants John Milton, and William Caldwell, should be surrendered as hostages, for the performance of the stipulations contained in the articles of capitulation. It was also agreed to allow the hostages all the privileges due to their rank as commissioned officers of the continental army. These officers were taken to St. Augustine, where they were confined in the castle for nine months, before they were exchanged.

About sun-set, captain Winn and lieutenant Toles marched out and surrendered the garrison in due form, and after passing through the customary ceremonies, and having their side arms restored, they proceeded about two miles in the direction of fort Howe, under an escort, where they encamped for the night. Early in the evening, the British officers and soldiers who com posed the guard, gradually disappeared, and under various pretexts, returned in small parties to the British camp. Before ten o'clock, the Ame. rican prisoners were left without a guard. Remonstrances against this procedure, were treated with contempt and ridiculed by the officers of the guard, alleging that any apprehension of danger, was without foundation. Having a correct idea of the Indian character, Winn suspected that some treachery was about to be practised upon his men, who were left without protection, or the means of defence. He roused up his men, and to avoid falling into the hands of the Indians, took a direction through the woods for fort Howe, and

after passing through bays, swamps, and ponds, about thirty-five miles, which had probably never been traversed before by any human being, he reached fort Howe the next day about ten o'clock.

Though a young officer, captain Winn had distinguished himself at Sullivan's island, on the 28th of June 1776, under the command of colonel Moultrie. This circumstance, added to the firm and manly tone, in which he demanded the means of safety for himself and his command; probably saved him from a similar fate, to those unfortunate American prisoners, who afterward fell into the hands of colonel Brown, after the first attack made by the Americans at Augusta, which will be noticed hereafter. Apprehensive, that preparations were making in Georgia, to meet Fuser with a superior force, he returned to EastFlorida.

The objects contemplated by erecting a fort on Sattilla river, so far in advance of the line of defence, on the north-east side of Alatamaha, is not well understood. It is probable that the security of the numerous herds of cattle, which ranged between those two rivers, was the only reason that could be assigned. The situation was well chosen for this purpose, if it had been strongly garrisoned.

During the session of the assembly in Savan nah, a resolution was passed to add three battal ions of infantry, and a squadron of dragoons, to the Georgia troops on the continental establish

ment, and form it into a brigade; of which colonel Lachlan M'Intosh was appointed brigadiergeneral, to take rank from the 16th of September 1776. The supernumerary field officers in the second, third, and fourth battalions, were appointed to fill the vacancies, made by the promotions of M'Intosh and Elbert of the first. It would be as difficult as it would be unnecessary, to notice the promotions which were made during a years war,

CHAPTER V.

IN obedience to the proclamation of the president of the provincial council, the members of the convention met in Savannah, to form a constitution for the future government of the state; which was not completed until the 5th of February. The fundamental principles of this constitution, were, the final dissolution of all political connection with the crown of Great-Britain; the recommendation of congress to form a constitution; and the declaration of the independence of the United-States. The legislative, executive, and judiciary departments of the govern ment, to be separate and distinct. The governor to have the chief command over the naval and land forces of the state, and to be aided in the

executive functions of the government, by a council consisting of two members from each county, to be chosen from the county representatives by the legislature. The representatives to be chosen annually by the people. The state was divided into eight counties, in each of which a superior court was to be held twice a year, under the control of the chief justice of the state, and three or more justices of the county. The delegates to the congress of the United-States, to be elected by the legislature, annually, and to have a right to sit, debate, and vote in the house of assembly of the state. The assembly to meet annually, on the first Tuesday in January; but the governor, with the advice of the executive council, had the power to call a meeting of the assembly at any other time, if any extraordinary occasion should render it necessary. The principles of the habeas corpus, to be a part of the constitution. The freedom of the press, and trial by jury, to remain inviolate forever. The constitution has since, undergone several alterations.

Soon after the adjournment of the convention, the state sustained the loss of one of her most valuable citizens, in the decease of the hon-. ourable Archibald Bulloch, president of the provincial council. He had filled the most important offices that the state could confer upon him; and by his mild, firm, and dignified deportment, commanded the respect and esteem of his fellow-citi He was one of the four gentlemen who

zens.

invited the republicans of Georgia, to rally round the standard of freedom, at the liberty pole in Savannah. The remainder of his useful life, was ardently and zealously devoted to the union of Georgia with the other states in the common cause. He announced the declaration of inde pendence, during his executive administration, and aided in the formation of a constitution for its government.

The following extract from one of his letters, evidences the enthusiasm of his disposition to discountenance the habits of official pomp, which in his opinion did not correspond with the principles of a republican government. The commanding officer of the continental troops in Savannah, deeming it a compliment due to his high station, as president of the state council, had furnished him with a life guard in time of war; and posted a sentinel at his door, and an orderly to attend his person : after requesting that the guard should be withdrawn, he says, "I act for a free people, in whom I have the most entire confidence, and I wish upon all occasions to avoid the appearances of ostentation."

On the 22d of February, Button Gwinnett, was chosen president of the council, and Edward Langworthy, secretary. The situation of public affairs, after the adoption of the constitution, required that no time should be lost in calling a meeting of the legislature. The president issued a proclamation, requiring the election of members