Mr. BALDWIN suggesting the propriety of committing it to the same
Committee of the Whole, to whom were referred the subject of considering
the expediency of excepting certain claims from the operation of the
limitation acts, this course was adopted.
FRIDAY, December 22.
_General Kosciusko._
Mr. DAWSON wished to call the attention of the House to a subject,
which, he doubted not, would interest the feelings of every member. The
subject he alluded to was the situation of General Kosciusko. It was a
fact well known to every man in this country, it was a fact known to the
world, that this brave man entered into the service of the United
States, at an early period of our Revolutionary war. When this service
was ended, he received from the Government a certificate of what was due
to him. He returned to Poland, his native country; there, animated by
the same spirit which had led him to take a part in our struggle for
independence, he endeavored to overthrow the existing tyranny, and to
introduce in its place liberty and independence. For some time his
attempt seemed likely to be crowned with success; but, on the fatal 10th
of October, 1794, overpowered by numbers, he was defeated and taken
prisoner. Covered with wounds and with glory, he was conducted to the
prison of Petersburgh. When he was released from thence, he immediately
set out to this country, here to spend the remainder of his life. He was
now within this city; but, from the wounds he had received in his
arduous but unsuccessful conflict, he was unable to walk or to attend to
any business. The unfortunate day on which he was taken prisoner, he
lost his all, and with it the certificate of the services rendered to
the United States. He was unable, therefore, to obtain a settlement of
his account at the Treasury. To set aside all difficulty in the matter,
Mr. D. proposed to offer a resolution to the consideration of the House;
and as it was justice only which he sought for this brave man, he
doubted not that a spirit of justice would ensure its adoption. It was
to the following effect:
"_Resolved_, That a committee be appointed to inquire and
report whether any, and, if any, what provisions are
necessary, to obtain payment of the claim of Gen. Kosciusko
on the United States."
Mr. J. PARKER seconded the motion. He hoped the resolution would be
agreed to, and that immediate attention would be paid to the unfortunate
gentleman, as he believed, except he made use of the grant made to him
by the Emperor of Russia, which, he believed, he was disinclined to do,
for considering his predecessor as the chief cause of his own
misfortunes, and those of his country, he did not wish to be under
obligations to him. The certificate given to the General on his
departure from hence, was for $12,800, upon which he had received only
one year's interest. He hoped, therefore, as he had the misfortune to
lose his certificate, at the time he was taken prisoner, that the House
would take such measures as should enable him to receive the amount of
his certificate, with the interest due thereon.
Mr. COIT moved that the resolution should be committed to the Committee
of Claims, but afterwards changed his motion so as to make that
committee the committee to inquire and report, instead of a select
committee. He professed to have no other object in these motions than
that this claim should take the same course with other claims.
The motion was supported by Messrs. ALLEN, J. WILLIAMS, MACON, and
EDMOND. It was opposed by Messrs. J. PARKER, LIVINGSTON, GALLATIN,
BROOKS, NICHOLAS, HARPER, SHEPERD, OTIS, PINCKNEY, SWANWICK, S. SMITH,
T. CLAIBORNE, and MCDOWELL.
The motion for a reference to the Committee of Claims was lost--59 to
33.
Mr. PINCKNEY said, that as this claim was different from most others
which came before that House, and having himself had something to do in
the business, he would state to the House what he knew of it. Previous
to General Kosciusko's return to Poland, whilst he was in Germany, he
applied to the Polish Ambassador in London, by letter, requesting him to
make application to the American Minister there for payment of a part of
the money due to him from the United States. The mode of transacting
this business was this: The interest arising from the certificate
granted to the General, was made payable in Paris; but from the change
which took place in the French Government, the General did not know how
to receive it there, which was the reason of his making application,
through the Polish Minister, to him (Mr. P.) in London. Mr. P. wrote to
the American Minister in Paris for an order on the bankers of the United
States in Holland, but having in the mean time received a letter from
Gen. Kosciusko, requesting the money to be sent for him to Ratisbon or
Leipsic, he (Mr. P.) sent an order to Amsterdam, requesting the bankers
there to transmit the money either to Ratisbon or Leipsic, as the
exchange should be most advantageous. In the interim General Kosciusko
returned to Poland, and he supposed he then had no time to attend to
this business. He never heard any more upon the subject until he saw the
General in Philadelphia, when he found this money had not been received
by him; so that he supposed it yet lay in the hands of the Leipsic or
Ratisbon banker.
Finding this to be the case, Mr. P. immediately wrote to the banker at
Amsterdam, requesting him to redraw the money, and to transmit it here
for the General's use. But, as he might, in the mean time, stand in
need of it, it might be proper in the United States to anticipate its
return, by settling the account with the General. He hoped in whatever
way this business was effected, it would be in such a way as not to
wound the feelings of a man who had deserved so well of this country.
On a suggestion of Mr. SITGREAVES, instead of appointing a committee,
the Secretary of the Treasury was directed to make a report what
"Legislative provision was necessary, &c."
This motion was carried by 49 to 40; but whatever difference of opinion
there was in the House, as to the mode of doing the business, there
seemed to be but one sentiment, as to the propriety of complying with
the spirit of the resolution.
WEDNESDAY, December 27.
SAMUEL JORDAN CABELL, from the State of Virginia, appeared, and took his
seat.
_Count de Grasse._
Mr. LIVINGSTON, from the committee to whom was referred the petition of
the daughters of the late Count de Grasse, made a report, which stated
that the sum heretofore allowed by Congress was intended only as a
temporary provision, until the events of the war should permit them to
take possession of an estate in St. Domingo; that the facts formerly
stated showed that the most important services were rendered to the
United States by their father, from motives the most honorable, under
the greatest responsibility, and at a risk the most hazardous that could
be encountered by an officer of rank and reputation; that, with a
recollection of these services, it would consist neither with the honor
nor justice of the United States to refuse an adequate provision for the
orphan children of the man who rendered them. The committee, therefore,
recommended that a certain sum should be granted to each of them,
annually, for their lives. The report was twice read, and committed for
Monday.
THURSDAY, December 28.
_Gen. Kosciusko._
The SPEAKER laid before the House a letter and report from the Secretary
of the Treasury, in pursuance of a resolution of the House, of the 23d
instant, relative to the claim of General Kosciusko. The report states,
that the accounts of the General were settled at the Treasury in 1784,
when a certificate was issued to him for $12,280 49, bearing an interest
of six per cent. from the 1st of January, 1784, which was stipulated by
a resolution in February following, in common with the interest due to
all the foreign officers, to be paid annually at Paris; that in May,
1792, moneys were granted by Congress to discharge the principal and
interest of these debts, at which time it was supposed that all the
officers had received their interest to the 1st of January, 1789; but it
now appears by the banker's account at Paris, that no interest had been
received by General Kosciusko for four years, viz.: from 1785 to 1788.
Sufficient funds to pay the interest from 1789 to 1792, were, in 1792,
placed in Amsterdam, subject to the disposal of our Minister at Paris;
that by his direction a bill for the amount was remitted to Mr. Pinckney
in London; but, pursuant to the direction of General Kosciusko, Mr.
Pinckney wrote to the banker at Amsterdam to remit the amount to Leipsic
or Dresden. That in September, 1792, a notification was published, that
provision had been made for paying the principal of the debt due to
foreign officers, on application at the Treasury, after the 15th of
October following, and that the interest upon their demands would cease
after the last day of December in that year. That though the certificate
issued to the General is stated by him to have been lost or destroyed,
yet the powers of the officers of the Treasury are competent to the
payment of $12,280 54, the principal, and $2,947 33 interest, for the
years from 1785 to 1788, on receiving a bond of indemnification from the
General: but that they cannot advance the interest supposed to have been
remitted to Leipsic or Dresden, though payment will be immediately made
for any sum which may be hereafter redrawn, and credited to the United
States at Amsterdam; nor is it in the power of the Treasury to allow any
interest on said principal since the 1st January, 1793.
On motion of Mr. DAWSON, this report was referred to a Committee of the
Whole for Monday.
TUESDAY, January 2.
JOHN FOWLER, from the State of Kentucky, appeared and took his seat.
_General Kosciusko._
Mr. DAWSON moved the order of the day on the report of the Secretary of
the Treasury on the claim of Gen. Kosciusko; which motion being acceded
to, the House resolved itself into a Committee of the Whole, Mr. KITTERA
in the chair, and the report having been read,
Mr. DAWSON said, when he had the honor of presenting this business to
the House, he hoped the proposition he then submitted would have been
agreed to in that way, which, in his opinion, would have been most
honorable to the United States, and most agreeable to the person
concerned. In this hope he had been disappointed; but, though they
differed as to the mode of doing the business, there was but one opinion
as to the business itself. He had now a resolution to submit to the
consideration of the House, which he trusted would meet with no
opposition. It would be found, by the report of the Secretary of the
Treasury, that the accounting officers were ready to pay to General
Kosciusko $12,280 principal, and $2,947 interest, from 1785 to 1788. To
recover those two sums, therefore, there would have been no occasion for
application to that House. It also states, that a bill had been
remitted to our Minister at London, for the interest from 1789 to 1792,
but which money was afterwards, by direction of the General, ordered to
be remitted to Leipsic or Dresden; but it did not appear that this order
had been complied with. It was clear, however, it was never received by
him, nor had he given any person a right to receive it. He hoped,
therefore, as the money lay at Amsterdam, Leipsic or Dresden, and could
at any time be got by the United States, there would be no objection to
pay the General that sum at this time. It was further stated in the
report, that in September, 1792, a notification was published, informing
all the foreign officers that provision was made at the Treasury for the
payment of the principal of their debts, and that the interest thereon
would therefore cease after the last day of December in that year. Upon
examination he did not find that this arrangement was founded upon any
law; it was, therefore, a regulation agreed upon by the Treasury
Department, and ought not to operate to the injury of persons who were
ignorant of it. It was well known, that, from the peculiar situation of
General Kosciusko at the time, that he could not hear of it; and the
truth was, he never did hear of it until he arrived in this city. He
hoped, therefore, there would be no objection to the payment of the
amount of the certificates, with interest to the present time. To effect
this purpose, he proposed the following resolution:
"_Resolved_, That it is the opinion of this committee, that
the Secretary of the Treasury be authorized and directed to
pay to General Kosciusko, the interest of six per cent. per
annum, on $12,280 54, the amount of the certificate
received by him from the United States, and now lost, from
the 1st of January, 1789, to the 31st day of December,
1797."
This resolution was opposed by Messrs. MACON, COIT, and J. WILLIAMS.
They were opposed to interest being paid up to the present time, and
wished, if any provision were made for paying interest beyond the time
fixed by the notification of the Treasury, that the regulation should be
a general one, and extend to all other foreign officers. They were also
against paying the interest, which had been transmitted to Paris for
General Kosciusko's use, and which, by his direction, was afterwards
remitted to Leipsic or Dresden, as it most probably lay there, and would
be paid to his order without their interference.
The motion was advocated by Messrs. VENABLE, PINCKNEY, J. PARKER,
HARPER, GALLATIN, and T. CLAIBORNE, and was finally agreed to without a
division.
WEDNESDAY, January 3.
_Duties on Distilled Spirits._