Philadelphia, April 28th, 1784.
Sir,
You will see by the subjoined letter of Mr Pierce, the situation of the Baron de Kalb with regard to the United States, at the time when he was killed at Camden. The continental money which he had received must have been employed in subsisting the body of troops under his command; or, if any part of these funds remained in his hands, it must have been plundered and taken by the enemy, with all the baggage of this General.
I think, then, that Congress will be pleased to take these circumstances into consideration, and excuse the heirs of the Baron de Kalb from producing vouchers, which circumstances do not allow them to procure. I pray your Excellency to be pleased, also to induce Congress to determine whether the resolutions of the 15th of May, 1778, and the 24th of August, 1780, extend to the widow and orphans of the Baron de Kalb.
A difficulty has also arisen with regard to M. de Fleury, Lieutenant Colonel, and it can be removed only by a resolution, which I request your Excellency to solicit from the goodness of Congress in favor of this officer. He did not quit the American army without leave granted, and Congress, in consideration of his services and good conduct, has been pleased to consider him as always being attached to the American army. It seems, then, right to ask, that he should enjoy the same advantages as the other officers, and the rather, that he was attached to the French army, which served on this continent. General Lincoln, in 1782, did not place him on the list of officers retained in the service; but this omission ought not to be prejudicial to the prior resolutions of Congress. He was, at this very time, detached to the Roanoke, with the troops of the French division, that he might support General Greene, in case the latter were attacked. Thus, ignorant of what was passing in Congress, as well as in the War Department, it was impossible for him to make any representations on this subject. He was born without fortune, and if he did not, like the other officers, enjoy his pay to the 3d of November, 1783, his affairs would be found rather involved than meliorated by his residence in this continent. The payments, which Mr Morris has been authorised to make, have been claimed for the years 1782 and 1783; and M. de Fleury would be found excluded, unless the justice of Congress should allow him the same treatment, which the other officers receive, and the advantages of the commutation. The third resolution of Congress of December 31st, 1781, seems to protect the rights of M. de Fleury, and authorise the demand, which I pray you to present to Congress in his favor.
The different articles subjoined will enable Congress to judge of the justice of the demands, concerning which I beg you, Sir, to inform me of the intentions of that body.[19]
I have the honor to be, &c.
LUZERNE.
FOOTNOTES:
[19] The following is the statement of Baron de Kalb's account. Mr Pierce's letter is missing.