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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, MAY 24, 1782.
The superintendant of finance having, in a letter of this day, enclosed the copy of a letter of the 4 March from the Honourable Doctor Franklin, minister plenipotentiary of these United States at the Court of Versailles, and a copy of a letter of 6 February from Count de Vergennes to Doctor Franklin, together with a state of the public moneys obtained in Europe for account of the United States, from which he says "Congress will perceive that every sous we can command during the year 1782 is already anticipated; that the pecuniary supplies of 1781 and 1782 amount, after deducting the expences on the loan, to twenty-five and a half millions of livres; and that there are (including the two millions
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two hundred thousand livres appropriated to the interest of loan office certificates) near ten millions, besides the sum expended in Holland, which have already passed, and are now passing through the hands of Doctor Franklin, and of which not a livre has been or ever will be applied to the current service. If to this be added above two millions and a half due on Beaumarchais bills, we shall have an amount of about twelve and an half millions, being at least one half of all the moneys obtained abroad for the service of the years 1781 and 1782; and we shall find that this greater half is totally consumed in paying the principal of some, and the interest of other debts. which have been contracted before that period."
And the copy of the letter of 6 February, from Count de Vergennes to Doctor Franklin, being read. to which is annexed the following:
"Sketch of the account of Congress with the royal treasury.
N. B. There remains to be taken from that sum--
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Mr. Franklin must provide for the bills drawn by Mr. Morris on Mr. Le Couteulx."
The letter of 4 March, from Mr. Franklin to the Superintendant of finance, being also read, wherein is the following paragraph and postscript:
"Friday last the minister was so good as to inform me we should have six millions paid quarterly, of which one million five hundred thousand would be ready for us at the end of this month. I hope I shall now be able to face the loan office and other bills, and my acceptances in favour of Mr. Beaumarchais; and I will do as much as I can out of the 6,000,000 towards fulfilling your orders of paying and depositing money in other hands. But when you observe that the Dutch loan, which you conceived might be entire with me, and at your disposition, has suffered such large deductions, you will not expect much; and your hopes of twelve millions for the present year falling short by one-half, as far as appears at present, you will arrange your affairs accordingly, and prevail on our people, if possible, to do more for themselves.
"P. S. By the 15 of this month another million of the Dutch loan will be consumed in paying bills, &c., so that I fear it will be difficult for me to pay those in favour of Mr. Ross; but I will try."
The Superintendant's account of the moneys in France being also read as follows:
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The expences of hiring transports, maintaining prisoners, &c. will more than consume that balance."1
[Note 1: 1 The letter of the Superintendent of Finance is in the Papers of the Continental Congress, No. 137, I, folio 471; and his account of the moneys in France on folio 485. Franklin's letter, of March 4. to Morris is on folio 477, and a copy of the letter from Vergennes to Franklin is on folio 481. Franklin's letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton) V, 218.]
A motion was made by Mr. [Theodorick] Bland, seconded by Mr. [Edward] Telfair,
That a committee be appointed, to whom shall be referred the letter of the Superintendent of finance, the letter of Dr. Franklin to the said Superintendent, and the accounts this day laid before Congress by the Superintendent of finance; which committee are directed to make inquiry into the loans and subsidies from France, Holland, &c. and the authority under which the appropriation of the said loans and subsidies has been made; and report thereon to Congress.
A motion was made by Mr. [John] Lowell, seconded by Mr. [William] Ellery, to amend the motion by striking out the words "which committee," &c. to the end, and in lieu thereof inserting, "And that the said committee be instructed to inquire concerning the appropriation and application of the moneys procured in Europe on loan or otherwise; and that they confer with the Superintendent of finance on the subject, and report thereon."
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On the question to agree to this amendment, the yeas and nays being required by Mr. [Theodorick] Bland--
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So it was lost.
A motion was then made by Mr. [Ezekiel] Cornell, seconded by Mr. [Samuel John] Atlee, to amend the motion by striking out the words "And the authority under which the appropriation of the said loans and subsidies has been made;" And on the question, Shall those words stand, the yeas and nays being required by Mr. [Theodorick] Bland--
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[Note 1: 1 From this point to the end of May 25, the entries in the Secret (Domestic) Journal are in the writing of Benjamin Bankson, of the Secretary's office.]
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So it passed in the negative.
On the question to agree to the motion as amended, the yeas and nays being required by Mr. [Theodorick] Bland--
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So the question was lost.
A motion was then made by Mr. [John] Rutledge, seconded by Mr. [James] Madison--
That the Superintendant of finance lay before Congress an account of all money borrowed or granted in Europe, by or to the United States, antecedent to the 4 day of March last; and also a general state of the purposes to which the same has been applied.1
[Note 1: 1 This motion, in the writing of John Rutledge, undated, is in the Papers of the Continental Congress, No. 36, IV, folio 391.]
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On the question to agree to this, the yeas and nays being required by Mr. [Edward] Telfair--
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So it was resolved in the affirmative.1
[Note 1: 1 The proceedings on May 24 were also entered in the manuscript Secret (Domestic) Journal.]
The Committee [Mr. Abraham Clark, Mr. John Ruff edge, Mr. Theodorick Bland] to whom was referred the letter of Count Beniousky of the 6th of May 1782 with the other papers and references accompanying the said letter,
Have according to order conferred with Count Beniousky, which Gentleman produced testimonials of his having served in the army of our Great Ally first in the capacity of Col°. and from his merit and fidelity was afterwards rewarded with a Brigadier-General's Commission by Brevet and the military order of St. Louis. It appeared also that the said Count Beniousky, having been exiled from his country (Poland) by the Partition of that Kingdom among three great Powers of Europe, is desirous of entering with his Legion which he engages shall consist of throe legionary corps each containing 1161 non Commd. Officers and privates--the total report amounting to 3483 non Commd. and Privates to be commanded by himself and proper Officers to be by him appointed in the first instance and to be promoted as in Art. 4th. and that the scheme of the compositions of the Legion has been submitted to and received the approbation of the Commander in Chief.
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Your Committee also found that the whole of the proposals had been submitted by the said Count to the opinion of the Commander in Chief and that in consequence of some objections suggested by him to the terms contained in some of them, and to obviate every impediment which might retard his carrying the plan proposed by him into speedy execution, the said Count Behiousky had agreed in an explanation of his proposals delivered to the Committee (and which your Committee beg leave to make part of their report)--a translation of which accompanies this report--to recede from some of his original proposals--which your committee are of opinion will remove every reasonable objection which could have been urged on the score of the present state of our finances, and some other lesser objections which might have been urged against the original Plan.
Upon the whole it appears to your Committee that the taking into the Pay of the U.S. three thousand four hundred and eighty three effective well disciplined soldiers who will become useful citizens at the end of the war or such part as may survive will be a great alleviation to the future burthens which the States already weakened and drained of its citizens must necessarily feel--that the expenses attending the enlistment and support of these troops will be so much short of that of enlisting and supporting the same number raised within these States from its native inhabitants, as will be sensibly felt in the alleviation of our pecuniary burthens and as they are to take an oath of fidelity to and be under the direction of Congress, and to obey the orders of the Commander in Chief for the time being or such Continental General as they may be put under in the mode mentioned in Art:
Your Committee are of opinion that the terms proposed are reasonable, and may be received and accepted by the U. States in Congress assembled.
'Whereupon, Resolved, That Congress do accept the terms offered by the Count Beniousky, as propositions reasonable in themselves and conducive to the benefit of the U.S. and direct that the Sectary at War do draw out two copies of a convention or agreement in the name of the U.S. in Congress assembled, on the basis and conformable to the spirit and meaning of the said articles to be ratified and confirmed by the President on the part of Congress and by the said Count Beniousky, and that the powers commission and authorities contained in the 1st, 2d, 3d and 4th supplementary articles be granted in the common form.
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Resolved, That such German and French Officers as belong to the armies of the U.S. and are not attached to any particular Line or Corps and shall be willing to enter into the Legion of Count Beniousky, which shall be called the American legion and that they may remain in America under the orders of the Corndr in Chief to exercise and take charge of the troops of the said Legion as the transports arrive.1
[Note 1: 1 This report in the writing of Theodorick Bland, is in the Papers of the Continental Congress, No. 19, I, folios 293 and 271. According to the indorsement it was presented this day.
Accompanying the report is General Washington's letter of April 27, 1782, to Count Bieniewsky. It is on folio 283. Also a statement from Count Bieniewsky showing the composition of the legionary corps. It is on folios 275, 291, 297 and 2971.
According to Committee Books Nos. 186 and 191, this committee's report to accept Count Bieniewsky's proposals was negatived May 25; and on May 27 the Count's letter of May 6 was referred to another committee, consisting of Mr. [James] Madison, Mr. [John Morin] Scott and Mr. [David] Ramsay, "to report a proper answer informing him that Congress cannot accept his proposals." See post. May 29.]
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