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TO THE HONORABLE, 
 
 ®t)e 0encite anb Jljouse of flepresentattoes 
 
 OP "THE 
 
 UNITED STATES, IN CONGRESS ASSEMBLED. 
 
 PETITION 
 
 O F 
 
 MAJOR G. TOCHMAN, 
 
 ATTORNEY AND COUNSEL 
 
 OF THE 
 
 NEXT OF KIN AND HEIRS AT LAW 
 
 O F 
 
 GEN. THADEUS KOSCIUSKO. 
 
 DECEMBER, 1847. 
 
E z o 
 
 ■KSrj 
 
PETITION. 
 
 To the Honorable the Senate and House of Representatives of 
 the United States in Congress assembled. 
 
 For the last twenty-two months, I have been the object of a 
 most wanton and unwarrantable persecution of a foreign policy : 
 or of an attempt to visit upon me, in this land of liberty, the 
 penal laws of a despotic power, for alleged political offences 
 against that power, to wit : for the part which I took in defending 
 the liberties and independence of Poland, against the encroach- 
 ments and rapacity of Russia. Having exhausted, unavailably, 
 all legal means in resisting that wanton and unwarrantable at- 
 tempt so disrespectful to the sovereignty of these United States 
 under whose protection I now live, I beg leave to address my- 
 self, respectfully, to your honorable body, for such protection 
 as the law of nations in general, and the policy of this great 
 Republic in particular, may, in the wisdom of this honorable 
 Congress, afford me. To make your honorable body under- 
 stand perfectly the character of my complaint, and the extent of 
 the injury done me, as well as the highly criminal disrespect 
 offered to the sovereignty of these United States by the despotic 
 power alluded to — or at least by its diplomatic representative at 
 Washington, I am necessarily compelled to state, — that I am 
 a native of Poland ; that I took an active part against Russia as 
 a major in the army, during the war for the independence of 
 Poland, in 1830; that for having done so, I was exiled from 
 Poland, in 1831, and had my property confiscated by that ever 
 grasping sovereign — the autocrat, in 1835. In 1832, three 
 years before my property in Poland was confiscated, I went to 
 France as a political exile — where I was elected, by my fellow- 
 countrymen, vice-president of the Polish council at Avignon, 
 and held that office until 1834 — when I went to Paris. About 
 1 
 
the end of 1836, 1 left France for England, and in 1837 I came 
 to this country, where I made myself known to the public of 
 these United States as a public lecturer — on the policy of Russia 
 and the wrongs and sufferings of my native land, Poland. In 
 1843, I became a naturalized citizen of these United States, and 
 in 1845, I was admitted to practice law in various United 
 States Courts, and in those of the states of Maryland and 
 New York, in which last mentioned state, I reside. In my 
 new character of a citizen and member of the bar, I formed 
 in the state of New York, a Polish Slavonian Literary Associa- 
 tion, having for its object to advance the cause of my native 
 land, by extending amongst my new fellow-citizens of these 
 United States, the knowledge of the history, science and litera- 
 ture of the Slavonian race. The list of the members of this 
 association, contains a number of the most distinguished leading 
 citizens of these United States ; and I obtained from the Legisla- 
 ture of New York a charter incorporating said Polish Slavonian 
 Literary Association, on the 26th of March, 1846.* 
 
 These incidents in my life have been adverted to, as I stated 
 above, to make your honorable body understand the source and 
 character of the wanton and unwarrantable foreign political in- 
 terference with my rights and privileges, which I proceed to 
 expose. 
 
 Soon after I commenced to practice law in this country, to 
 wit: about the end of 1S45, my former countrymen, the next 
 of kin and heirs at law of Gen. Thadeus Kosciusko of Estko's 
 branch,f through the medium of their cousin and agent, Mr. 
 Ignatius Chutkowski, a Polish political exile, and now a citizen 
 of these United States residing in New York, engaged my pro- 
 fessional services, to recover for them the property which their 
 illustrious kinsman, Gen. Kosciusko, left in this country, and 
 which they were litigating previous to engaging my services, 
 for 25 or 26 years without any success. Their former counsel 
 were the late Messrs. Swann and Sampson, members of the 
 Washington bar, who were retained at their request by the late 
 Baron de Thuye, then minister from Russia, in or about the 
 year 1821. After the death of Messrs. Swann and Sampson, 
 
 * The charter of the association and certain depositions having reference to 
 it, will be found pages 12 to 22. 
 
 t The genealogical sketch of the next of kin and heirs at law of Gen. 
 Kosciusko will be found, pages 22, 23. 
 
some time in the year 1839 or 1840, Mr. de Bodisco, the succes- 
 sor of the late Baron de Thuye minister from Russia, possessed 
 himself of the papers of the next of kin of Gen. Kosciusko, and 
 recommended to them to employ as their counsel, Messrs. P. 
 R. Fendall and J. B. H. Smith, members of the Washington 
 bar. This recommendation was objected to by said next of 
 kin of Gen. Kosciusko; and in December, 1845, Mrs. Catharine 
 Estko, in the name of all the members of the Estko's branch, 
 informed Mr. de Bodisco, that they gave the preference to my- 
 self, and requested him to deliver up their papers to their 
 cousin, said Mr. Ignatius Chutkowski, whom they directed to 
 transmit them to myself as their attorney and counsel ; as will 
 more fully appear from the copies of the letters of said Mrs. 
 Catharine Estko, hereto annexed and marked A, B, C. 
 
 Previous to receiving the foregoing communication, when I 
 came to Washington, to take charge of the business of said next 
 of kin of Gen. Kosciusko of Estko's branch pursuant to the 
 agreement made with their cousin, said Mr. Ignatius Chutkow- 
 ski, I found out, that the other branch of Gen. Kosciusko's next 
 of kin and heirs at law, the Zulkowski's branch, equally entitled 
 with the former to the distribution of Kosciusko's estate, had 
 neither attorney, counsel, nor agent in this country — therefore, as 
 their former countryman, I undertook to take charge of their 
 interest, and notified them to that effect ; I had also at the same 
 time a personal interview with Mr. de Bodisco, minister from 
 Russia, to get from him the papers of the Estko's branch — and 
 above all, to place myself with him in a position that would 
 afford me the facility of communicating with my clients, through 
 his office, if possible. I then associated myself, as counsel of 
 the next of kin of Gen. Kosciusko, with Messrs. P. R. Fendall 
 and Joseph H. Bradley, members of the Washington bar ; of 
 whom the first became my associate for the sake of peace, at 
 the express request of Mr. de Bodisco, and in consequence of 
 my interview with him; Mr. Bradley was of my own choice. 
 The articles of this Association were reduced to writing on the 
 29th of November, 1845, as will appear more fully from a copy 
 hereto annexed and marked D. 
 
 A few weeks after, Mr. de Bodisco having learned, as I 
 believe, that I was making exertions to form in this country the 
 Polish Slavonian Literary Association, heretofore referred to, 
 
and finding himself unable to defeat my plan of forming it, un- 
 dertook to take vengeance upon me, and with the view of pros- 
 trating me in my professional career in this country, suggested 
 to my associates, Messrs. Fendall and Bradley, that he would 
 get for them a power of attorney, direct from my clients, the 
 next of kin and heirs at law of Gen. Kosciusko ; as will more 
 fully appear from a copy of Mr. Bradley's letter to me, hereto 
 annexed and marked E, the tenor of which affords no ground 
 for the justification it attempts. 
 
 Although the proposition stated in the letter marked E, was 
 rejected with indignation — verbally — as will appear from the 
 copy of my letter to Mr. Bradley — afterwards written, which is 
 hereto annexed and marked F — a power of attorney, in the 
 name of Messrs. Fendall and Bradley, was prepared at Wash- 
 ington, and its draught was forwarded to St. Petersburg, by Mr. 
 de Bodisco, who, to attain the object of his political vengeance, 
 denounced me to his government as one of the Polish political 
 exiles, and made a request, that the government should require 
 my clients, the next of kin and heirs at law of Gen. Kosciusko, 
 to sign said draught of the power of attorney — in order to visit 
 upon me the penal laws of Russia — by taking out of my hands, 
 the business which said next of kin of Gen. Kosciusko had en- 
 trusted to my care. These facts came to my knowledge in 
 October, 1846, and immediately a petition was addressed to his 
 Excellency, the President of the United States, praying his pro- 
 tection against this unwarrantable attempt of Mr. de Bodisco to 
 visit upon me, in this country, the penal laws of his master. 
 His Excellency the President, directed the Secretary of State to 
 answer me " that the case represented in said petition is not 
 deemed to be a proper one for the intervention of this govern- 
 ment." I remonstrated against that answer, and preferred to his 
 Excellency the President, another petition, a copy of which is 
 hereto annexed, and marked G. No reply has been received. 
 
 An attempt was also made to adjust this difficulty in a private 
 way which failed, after which I addressed two letters to Mr. de 
 Bodisco, minister from Russia, stating in what condition was the 
 estate of Gen. Kosciusko previous to my taking charge of the 
 claim of his next of kin and heirs at law, and to what condition 
 it has been brought since I took charge of it ; expostulating 
 
with him upon the impropriety of the measure which he had 
 adopted to reach me in this country ; and informing - him, that 
 should the power of attorney, the draught of which he had for- 
 warded to St. Petersburg, come, and *be made use of, I would 
 take legal measures against Messrs. Fendall and Bradley, to 
 have it set aside, as obtained by undue means and contrary to 
 the law of this country ; as will more fully appear from the 
 copies of said two letters, hereto annexed and marked H, I. 
 . After that, the association between Messrs. Fendall, Bradley 
 and myself, was dissolved, and they openly assumed to claim, 
 under an authority from the Imperial Russian Legation, the 
 management of the business which my former countrymen, the 
 next of kin and heirs at law of Gen. Kosciusko, entrusted to my 
 care : as will fully appear from the copies of the correspond- 
 ence, which passed between them and myself, hereto annexed 
 and marked, K, L, M ; and especially from the copy of the 
 notice which they fried in the office of the Clerk of the Circuit 
 Court for the District of Columbia, marked N, and from the 
 copy of a memorial hereto annexed and marked O, which Mr. 
 de Bodisco himself, in the capacity of a minister from Russia 
 (passing by the State Department with which only the law of 
 nations authorizes him to correspond as a diplomatic represen- 
 tative,) thought proper to address, officially, to the Judge of the 
 Orphan's court of that District. 
 
 Without the least intention to ascribe either to the Orphan's 
 court, or to the Circuit court for the District of Columbia, the 
 intention to aid Mr. de Bodisco, minister from Russia, in the 
 aforesaid attempt to reach me and make me feel in this country 
 the penal laws of Russia for political offences against that coun- 
 try — I must be excused for saying, that since the time of Mr. 
 de Bodisco's interference with my professional pursuits in the 
 manner heretofore explained, I have not been regarded by those 
 two courts as on an equal footing with Messrs. Fendall and 
 Bradley, " Counsellors, employed by the Russian Imperial Le- 
 gation." 
 
 In the Orphan's court, at their request supported by Mr. de 
 Bodisco's memorial heretofore referred to and marked O, no 
 proceeding of mine, as counsel of the next of kin and heirs at 
 law of Gen. Kosciusko, was regarded and acted upon — until after 
 the Hon. Reverdy Johnson, Senator of this honorable body, 
 
6 
 
 offered me his professional assistance, and honored me with his 
 association as counsel of said next of kin of Gen. Kosciusko. 
 
 In the Circuit court I was obliged to encounter many painful 
 incidents — of which, one or two will be enough to show to 
 your honorable body, the position in which " the Counsellors 
 employed by the Imperial Russian Legation," and myself, the 
 counsellor employed by the next of kin and heirs at law of Gen. 
 Kosciusko, stood before that court : 
 
 After the association between Messrs. Fendall, Bradley and 
 myself had been dissolved, and after Messrs. Fendall and Brad- 
 ley had notified the Orphan's court and the Circuit court, (exhi- 
 bits N, O) that they claimed the management of the business of 
 the next of kin and heirs at law of Gen. Kosciusko, under the 
 authority from Mr.de Bodisco — or from "the Imperial Russian 
 Legation,' 1 I moved the Circuit court, to strike out their names 
 from the docket in the cases of my clients, next of kin and heirs 
 at law of Gen. Kosciusko, depending in that court, upon which 
 they entered as my associates and under an authority from my- 
 self, as will more fully appear from a copy of the motion hereto 
 annexed and marked P. This motion was overruled ; the court 
 said that they would not look behind the docket. So Mr. de Bodis- 
 co, minister from Russia, 'during twenty-two months of renewed 
 efforts in Russia, could not succeed in extorting from the next 
 of kin and heirs at law of Gen. Kosciusko a power of attorney 
 for " the counsellors employed by the Imperial Legation," and 
 in this free country, upon the mere technicality of the law 
 (which should have yielded to the principle of common sense, 
 and the policy of these United States, not to permit a foreign 
 minister to interfere with the professional pursuits of its adopted 
 citizen) he succeeded, through the medium of " the counsellors 
 employed by the Imperial Russian Legation," in putting at 
 naught both, the will of said next of kin and heirs at law of 
 Gen. Kosciusko, and to a certain extent my power of attorney 
 from them. 
 
 As there is no legal remedy to set aside a decision of 
 this character, I was obliged to submit to it, and soon after 
 (in June last) to argue the case of my clients, conjointly with 
 " the counsellors employed by the Imperial Russian Legation." 
 It was a case against a certain Mr. Kosciusko Armstrong. Said 
 Mr. Armstrong, previous to my taking charge of the business of 
 
the next of kin and heirs at law of Gen. Kosciusko, obtained a 
 decree against the estate of Gen. Kosciusko, adjudicating to 
 him a legacy amounting to about or over $10,000, claimed by 
 him under a Will which Gen. Kosciusko revoked by a subse- 
 quent Will. When 1 associated myself with Messrs. Fendall 
 and Bradley as aforesaid, and previous to their accepting Mr. 
 de Bodisco's proposition to become "the counsellors employed 
 by the Imperial Russian Legation," we filed a Bill of Review, 
 praying the Circuit court to review said decree in Armstrong's 
 case. The bill was drawn by Mr. Bradley, and after we broke 
 our association, it was demurred to — on the ground of certain 
 omissions and imperfections. Mine was the first argument in 
 answer to the counsel of Mr. Armstrong. Mr. Bradley spoke 
 after me. When he set down, I protested against a part of his 
 argument which I considered prejudicial to the interest of my 
 clients ; I did so, to protect myself from the responsibility to the 
 heirs of Kosciusko, which the law imposes upon me as the only 
 attorney authorized and employed by them. Mr, Bradley took 
 my protest as an insult to him — and insulted me in the most 
 violent and unbecoming manner, in open court. It is true that 
 he was reprimanded for it, but at the same time the court sus- 
 pended further argument in the case, and instituted summary 
 proceeding against myself; they wrote a decision reprimand- 
 ing me for protesting against Mr. Bradley's argument, and com- 
 manded me to withdraw that protest, and to apologize to Brad- 
 ley. Neither my explanation, that I protested against Mr. 
 Bradley's argument in the exercise of my right to protect the 
 interest of my clients — to whom I alone am responsible — even 
 for what may be done by Mr. Bradley ; he having entered on the 
 docket in the case, under authority from myself, without their 
 knowledge or consent. Nor my respectful declaration, that if 
 the court infers from my protest any intended offence to Mr. 
 Bradley — so far as the court infers such offence — I disavow it, 
 with an express declaration that I protested against Mr. Brad- 
 ley's argument without any intention to offend him, but merely 
 in the exercise of my duty as attorney, and to secure myself 
 from the responsibility aforesaid ; none of these explanations, 
 presented to the court with all due deference, were accepted ; 
 two or three decisions were written with some modifications, to 
 force me to withdraw my protest and apologize to Bradley 
 
"unconditionally 1 ' — And when with each of them, always with 
 due respect to the court, I positively refused to comply, the 
 court requested me to reduce to writing what sort of apology I 
 would otfer — which I did, stating the case in substance as it is 
 represented here. The court rejected again my apologetic 
 explanation, and said that they would take the matter under 
 advisement. 
 
 Nothing more in the premises has been done up to this time, 
 but a more serious incident grew out, and sprang from, this most 
 unwarrantable interference of Mr. de Bodisco, minister from 
 Russia, with my professional pursuits. The demurrer in Arm- 
 strong's case, which was argued in June as heretofore stated, 
 was ruled good, and our Bill of Review dismissed with costs 
 during the October term of the court. In this condition the 
 Hon. Reveidy Johnson found the case when he became, as 
 heretofore stated, one of the counsel of the next of kin and heirs at 
 law of Gen. Kosciusko. He and myself came to the conclusion 
 to move the Circuit court to rescind the decision ruling the de- 
 murrer, in Armstrong's case, good, and to grant us leave to file 
 a Supplemental and amended Bill of Review, to have the cause 
 re-heard ; and if this should be refused, to appeal. In this stage 
 of the affair there came to this country, from Russia, Mr. Ladis- 
 laus Wankowicz, late captain in the Russian army, who is one 
 of the next of kin of Gen. Kosciusko of the Zolkowski's branch, 
 for which branch, for reasons heretofore stated, I undertook to 
 act as attorney, and in which they acquiesced. Whether Capt. 
 Wankowicz came here pursuant to the order of his government, 
 or of his own accord, is a question which I leave to the under- 
 standing of this honorable body. I will simply call the attention 
 of this honorable Congress, to the fact, that Capt. Wankowicz, 
 on his coming to Washington city, was ordered by Mr. de Bo- 
 disco, minister from Russia, to employ Messrs. Fendall and 
 Brndley, as his counsel — which of course he did — as will more 
 fully appear from the affidavit hereto annexed and marked Q. 
 Upon this, Messrs. Fendall and Bradley obtained from Capt. Wan- 
 kowicz an affidavit, that he never employed counsel previous to 
 his coming to this country, (which is true, for as it has been 
 already stated he fs one of those next of kin of Gen. Kosciusko, 
 for whom 1 undertook to act as attorney, and notified them of it.) 
 But " the counsellors employed by the Imperial Russian Le- 
 
gation " made a handle of that affidavit, and attempted to im- 
 peach thereupon my character. They moved the Circuit court 
 in the name of Capt. Wankowicz, for leave to file a Bill in 
 the nature of a Bill of Review to have Armstrong's case 
 reheard. And Mr. Bradley, during the argument of that mo- 
 tion, permitted himself to insinuate that I had fraudulently 
 entered on the Original Bill of Review my name as attorney 
 of Capt. Wankowicz, and fraudulently induced him and Mr. 
 Fendall to enter their names as my associates. Of course, I 
 interrupted him, and instantly refuted this false insinuation — 
 by referring the court to the articles of my association with 
 Messrs. Fendall and Bradley, heretofore referred to and marked 
 D ; to the part of which, printed in italics, I now respectfully 
 call the attention of this honorable body. 
 
 Mr. Bradley, finding himself unable to meet the refutation, 
 made, in open court — a violent rush at me, managing and 
 attempting to strike me, and insulting me in the most unbecom- 
 ing manner; which insult, offered to the court and to myself, 
 from complacency towards Mr. Bradiey, was entirely looked 
 over by the court. One of the judges turned his face round and 
 laughed ; another said nothing, and the third, with much reluc- 
 tance, brought himself to utter simply the words "it is very 
 improper, Mr. Bradley, very improper indeed." After which 
 he (Mr. Bradley) made a sort of mock apology, and when, 
 thereupon, I called upon the court to take notice of what he 
 had done and said, Judge Morsel violently replied, " Mr. Toch- 
 man, if you say a word more, I will order the marshall to take 
 you out of the court." My self-respect directed me to leave 
 the court immediately, which I accordingly did. I then took 
 into my own hands the protection of my honor, which no man 
 should surrender to the keeping of the community in which he 
 lives, when its authorities cannot, or refuse to protect him. 
 
 This painful incident has been here alluded to, merely to show 
 to your honorable body, how deeply has been affected by the 
 interference of Mr. de Bodisco, Minister from Russia, with my 
 professional pursuits, even my personal security, the enjoyment 
 of which the constitution of these United States so solemnly 
 secures to every citizen of this great republic. Many other 
 incidents, perhaps graver than any of those already alluded to, 
 could be mentioned. They are omitted here from charitable 
 2 
 
10 
 
 regard for others, for I do not apply to your honorable body for 
 redress for the past. I wish that the past may be forgotten. 
 It has been referred to here, only to show to your honorable 
 body, that there is absolute necessity for legislative interference 
 to prevent the happening of some more painful incident than any 
 that has yet occurred. This necessity for legislative inter- 
 ference will more forcibly be shown, by the following circum- 
 stance : 
 
 It has been already stated that the Hon. Reverdy Johnson 
 is now one — and the leading counsel of the next of kin of 
 Gen. Kosciusko. As such, he applied to Mr. de Bodisco, 
 Minister from Russia, to transmit to him certain papers which 
 he had placed in the hands of Mr. Fendall, and which, as the 
 exhibits heretofore referred to and marked A. B. show, he was 
 requested, by our clients, to deliver up to their cousin, Mr. 
 Ignatius Chutkovvski, who was directed to transmit them to 
 myself. Mr. de Bodisco refused to comply with the request of 
 the Hon. Reverdy Johnson, still assuming to claim for the 
 Imperial Russian Legation — and the counsellors employed by it, 
 the management of the business of the next of kin of Gen. Kos- 
 ciusko, who are legally represented in this country by no body 
 else but by the Hon. Reverdy Johnson and myself. The cor- 
 respondence alluded to, is in the hands of the Hon. Reverdy 
 Johnson. 
 
 It is then evident that, besides the cases of the next 
 of kin of Gen. Kosciusko, depending in the Circuit court for 
 the District of Columbia, many new, delicate and grave ques- 
 tions may arise. To avoid then for the future, the unpleasant 
 position of the Honorable the Circuit court for the District of 
 Columbia, as well as of myself, in which the circumstances of 
 the past have placed us ; and to secure thereby to the next of 
 kin and heirs at law of Gen. Thadeus Kosciusko, a speedy 
 termination of the nearly thirty years' litigation ; which, also, 
 seems to require some consideration at the hands of your honor- 
 able body ; I respectfully beg this honorable congress, in the 
 name of my clients and my own, to pass an act 
 
 Giving to the Circuit court of the United States, for the 4th 
 Circuit, in the District of Maryland, jurisdiction of all the cases 
 at law and in equity, concerning the estate of General Thadeus 
 Kosciusko, now depending in the Circuit court of the District 
 
11 
 
 of Columbia, and of all such cases concerning said estate as may 
 hereafter be commenced, in which the next of kin and heirs at 
 law of said Gen. Thadeus Kosciusko, or the administrator of his 
 estate, are, or may be hereafter, either plaintiffs, or complainants, 
 or defendants ; commanding said Circuit court, for the District 
 of Columbia, to transmit to said 4th Circuit court of the United 
 States, all the papers of the cases in which said next of kin and 
 heirs at law of Gen. Thadeus Kosciusko, and the administrator 
 of Kosciusko's estate, are either plaintiffs, or complainants, or 
 defendants; and vesting in said 4th Circuit court of the United 
 States, the appellate power, now belonging to the Circuit court 
 of the District of Columbia, from all the decrees and decisions 
 of the Orphans' court for the District of Columbia, in which 
 said next of kin and heirs at law of Gen. Thadeus Kosciusko, 
 or the administrator of Kosciusko's estate, are, or may hereafter 
 be, complainants or defendants. 
 
 I also pray your honorable body, to give jurisdiction to said 
 4th Circuit court of the United States of all cases, at law and in 
 equity, in which I myself, personally, am, or may hereafter be, 
 either a plaintiff, or complainant, or defendant, in the District of 
 Columbia; and to command the Circuit court for the District of 
 Columbia, to transmit to the said 4th Circuit court of the United 
 States the papers, in such cases depending in said Circuit court 
 of the District of Columbia, as I am personally interested in, 
 either as plaintiff, complainant, or defendant. 
 
 And, I further, respectfully, pray your honorable body, to 
 take such measures to restrain Mr. de Bodisco, Minister from 
 Russia, from interfering with my professional pursuits in this 
 country — as, in the wisdom of your honorable body, may seem to 
 be consistent with the honor of the sovereignty of these United 
 States offended, by his attempt to visit upon one of its citizens, 
 the penal laws of a foreign country — for alleged political offences 
 against that foreign country ; and, as the policy of these United 
 States, represented by your honorable body, may require and 
 admit. 
 
 With the highest respect and consideration, 
 
 I have the honor to subscribe myself, 
 
 Your most obedient servant, 
 
 Gaspard Tochman. 
 
 December 6, 1847. 
 
CHARTER. 
 
 AN ACT TO INCORPORATE THE 
 
 POLISH SLAVONIAN LITERARY ASSOCIATION, 
 
 IN THE STATE OF NEW YORK. 
 Passed March 26, 1846, by a Two-third Vote. 
 
 The People of the State of New-York, represented in Senate 
 and Assembly, do enact as folloivs : 
 
 § 1. Major Gaspard Tochman of Poland, now Counsellor at 
 Law, of the Bar gf this State, and of the Supreme Court of the 
 United States, and associated with him William H. Seward, also 
 Counsellor at Law — formerly Governor, George Folsom, Senator, 
 and Samuel J. Tilden, member of the Assembly of this State; 
 John Davis, of Massachusetts; William Upham and Samuel 
 S. Phelps, of Vermont; John McPherson Berrien, of Georgia; 
 William S. Archer, of Virginia; Albert C. Greene and James F. 
 Simmons, of Rhode Island ; Jacob W. Miller and William L. 
 Dayton, of New Jersey ; George Evans, of Maine ; Willie -P. 
 Mangum, of North Carolina; Reverdy Johnson and James A. 
 Pearce, of Maryland; Thomas Corvvin, of Ohio; John J. Crit- 
 tenden, of Kentucky ; Spencer Jarnagin, of Tennessee — Senators 
 of the United States in Congress ; 
 
 John DeMott, Albert Smith, Elias B. Holmes, Erastus D. 
 Culver, Washington Hunt, Hugh White, Abner Lewis, R. P. 
 Herrick, Horace Wheaton, of this State; Andrew Trumbo, 
 John H. McHenry, William P. Thomasson, of Kentucky; Ben- 
 jamin Thompson, Julius Rockwell, Daniel P. King, Charles 
 Hudson, and George Ashman, of Massachusetts; Columbus 
 Delano, Samuel F. Vinton, Joseph M. Root, Daniel R. Tilden, 
 and Joshua R. Giddings, of Ohio ; John Runk, George Sykes, 
 and Joseph Edsall, of New Jersey; Alfred Dockery, of North 
 Carolina; George P. Marsh, and Jacob Collamer, of Vermont; 
 John R. Rockwell, and Samuel D. Hubbard, of Connecticut; 
 Robert Toombs, of Georgia; Alexander Ramsey, Richard Brod- 
 head, and James Pollock, of Pennsylvania; Bannon G. Thibo- 
 daux of Louisiana; John S. Pendleton, of Virginia; Luther 
 Severance and Robert F. Dunlap, of Maine; Henry Y. Cranston 
 and L. H. Arnold, of Rhode Island; Edward Long, of Mary- 
 land — all Members of the House of Representatives of the 
 United States, in Congress; 
 
 John McLean, Levi Woodbury, James M. Wayne, Samuel 
 Nelson, and John McKinly, Judges of the Supreme Court of the 
 United States; Albert Gallatin, late Envoy Extraordinary, and 
 Minister Plenipotentiary of the United States to France; 
 
13 
 
 Theodore Frelinghuysen, LL.D., Chancellor, and James Tall- 
 madge, President of the University of New York ; Josiah 
 Quincy, LL. D., late President, and Jared Sparks, LL. D., 
 Professor, of Harvard University; Nathaniel V. Moore, LL. D., 
 President of Columbia College; Professor Joseph G. Cogswell, 
 of New-York ; 
 
 Samuel A. McCoskry, Bishop of Michigan : Rev. G. T. Bedell, 
 of the Episcopal Church, of New-York ; John McCloskey, Bishop 
 co adjutor, and Charles Constantine Pise, D. D., of the Roman 
 Catholic Church, of New-York; Thomas H. Skinner, D. D., of 
 New-York, and W. B. Sprague, D. D., of Albany, of the Pres- 
 byterian Church; Rev. Henry W. Bellows, of the Unitarian 
 Church; Rev. Edwin Holt, and William R. Williams, D. D., 
 of the Baptist Church; 
 
 William F. Havemeyer, Mayor of the City of New-York; 
 Josiah Quincy, jr., Mayor of the City of Boston, in the State of 
 Massachusetts ; 
 
 Greene C. Bronson, Chief Justice, and W. P. Hallet, Clerk 
 of the Supreme Court of this State ; John Van Buren, Attorney 
 General of this State; Benjamin F. Butler, District Attorney of 
 the United States ; W. T. McCoun, Vice Chancellor, and Lewis 
 H. Sandford, Assistant Vice Chancellor of this State; 
 
 Daniel Lord, Daniel D. Lord, James S. Sandford, J. Prescott 
 Hall, W. B. Lawrence, David P. Hall, Jonathan Miller, Thomas 
 W. Tucker, Samuel A. Crapo, W. M. Evarts, John Jay, Charles 
 E. Butler, O. H. Piatt, Morris Franklin, E. P. Hurlburt, John 
 Bigelow, Edward Sandford, M. R. Zabriskie, D. L. White, 
 J. L. White, Mortimer Porter, Stephen P.Nash, T. W. Walker, 
 Francis H. Upton, Ralph Lockwood, Edwin W. Stoughton, 
 Edwin Burr, D. E. Wheeler; Alexander S. Johnson, H. S. 
 Dodge, C. Van Santvoord, Richard II. Bowne, John P. Crosby, 
 John H. Magher, Augustus Schell, John Slosson, Stephen Cam- 
 breleng, John H. Lee, William Van Wyck — of the City and 
 State of New-York ; T. Parkin Scott, of Baltimore, in the State 
 of Maryland ; James Page and George W. Page of Philadelphia, 
 in the State of Pennsylvania; John Pickering, Richard Robins, 
 and George Snelling, of Boston, in the State of Massachusetts — 
 all Counsellors at Law; 
 
 J. J. Astor, Edward Treadwell, G. H. Striker, Alfred G. 
 Jones, W. Woodbridge Hudson, and Livingston K. Miller — all 
 Attorneys at Law in City and State of New York ; 
 
 Richard S. Smith. President of the Union Insurance Company 
 of Philadelphia, in the State of Pennsylvania, and Henry Bohlen, 
 of the City and State last aforesaid ; Dr. Samuel G. Howe, Amos 
 Lawrence, and Charles Lyman, of Boston, in the State of Mas- 
 sachusetts; 
 
 F. C. Tucker, President of the Leather Manufacturer's Bank ; 
 Jas. Gallatin, President of the National Bank; Shepherd Knapp, 
 President of the Mechanic's Bank; Reuben Withers, Cashier of 
 the Bank of the State of New-York ; Preserved Fish, President 
 
14 
 
 of the Tradesmen's Bank; George Newbolcl, President of the 
 Bank of America ; J. Oothout, President of the Bank of New- 
 York, John A. Stevens, President of the Bank of Commerce, and 
 George Curtis, Cashier of the same Bank; D. Leavitt, President 
 of the Bank of Exchange, and John I. Fisk, Cashier of the same 
 Bank; Robert L. Patterson, President of the Mutual Benefit 
 Life Insurance Company; James G. King and Samuel Ward, 
 Bankers; Philip R. Kearny, Secretary of the New-York Life 
 Insurance Company — all of the City and State of New-York; 
 
 Joseph R. Chandler, Proprietor and Editor of the Philadelphia 
 United States Gazette ; James W. Webb and Charles King, 
 Proprietors and Editors of the Courier and Inquirer, of New 
 York; John H. Guion, Publisher of the Morning News, of New 
 York; Theodore Dwight, Proprietor, and W. B. Townsend, 
 Editor of the New York Express; Francis Hall, Proprietor and 
 Editor of the New York Commercial Advertiser; Nathan Hale, 
 Proprietor and Editor of the Boston Daily Advertiser; W. C. 
 Bryant, Proprietor and Editor of the New York Evening Post; 
 John L. O'Sullivan, Proprietor and Editor, Thomas P. Kettell, 
 and O. C. Gardner, Editors of the Democratic Review; John 
 Allen, Proprietor, anil L. Gaylord Clark, Editor of the Knicker- 
 bocker ; Horace Greeley, Editor and Proprietor of the New York 
 Tribune ; 
 
 Gen. John Wilson, of Missouri; Col. James Monroe, R. 
 Watts, jr., M.D., H. J. Raymond, Fitz Greene Halleck, the 
 Poet, E. F. Foresty, Wm. Douglass, Vanbrugh Livingston, 
 Campbell B. White, Isaac T. Smith, Elijah F. Purdy, James 
 Connor, J. D. Fowler, Jacob A. Westervelt, Anson Livingston, 
 John Cotton Smith, W. E. Whiting, J. W. Bogart— all of the 
 City and State of New York; 
 
 And all such Persons as they shall at any time hereafter asso- 
 ciate with themselves, are hereby created a body corporate by 
 the name of the "Polish Slavonian Literary Association in the 
 State of New York," for the purpose of collecting a Library, 
 and promoting the diffusion of knowledge of the History, Science 
 and Literature of the nations of the Slavonian race— giving 
 Lectures, and publishing tracts and a journal in the English and 
 such foreign languages as the Corporation shall deem proper. 
 
 § 2. To meet the exigencies of the purposes for which this 
 Corporation is created, it shall have the power of holding real 
 and personal property to the amount of two hundred and fifty 
 thousand dollars, which is to be acquired by subscriptions, gifts, 
 donations, assignments, devises, and by purchase. 
 
 § 3. The executive department of the Corporatian shall consist 
 of a President, two Vice Presidents, a Corresponding Secretary, 
 a Recording Secretary, one Librarian, one Treasurer, and a 
 Board of Directors, whose number shall not exceed eleven 
 members, including the President and two Vice Presidents, who 
 shall be, ex officio, Members of the Board of Directors. 
 
15 
 
 § 4. The officers enumerated in the preceding section shall be 
 chosen annually, on the 29th day of November, by a plurality 
 of votes of the members who shall be present at such annual 
 meeting. And if such meeting shall not be holden on that day, 
 then on such other day as the President, or in his absence the 
 Acting Vice President, shall appoint. 
 
 § 5. The vacancies which may take place between the annual 
 elections shall be filled by commissions to be issued by the Pres- 
 ident, and in his absence, by the acting Vice President, with the 
 advice of the Board of Directors. And the officers thus ap- 
 pointed shall continue in office until others in their stead be 
 elected at the next annual meeting of the Corporation. 
 
 § 6. The Corporation shall have the power of making such 
 By-Laws and regulations as they shall judge proper, for regu- 
 lating further their annual and other periodical Meetings ; for 
 prescribing the duties of the respective officers, and the mode of 
 discharging them; for admission of new members, and the mode 
 of suspending or expelling such officers and members as the 
 safety and honor of the Corporation may require ; and for all 
 other business calculated to promote the object and purposes of 
 the Corporation. But it is expressly provided that no By-Law 
 shall pass nor be changed unless the meeting shall be attended 
 by a majority of members of the Association, or at least by two- 
 thirds of those residing in the City of New-York. The mem- 
 bers residing in the other States may send their votes in writing, 
 if they choose to do so, which shall be counted with the votes of 
 the members present at the meeting. 
 
 § 7. Right Rev. Bishop McCoskry, George Folsom, Senator, 
 William F. Havemeyer, Mayor of the City of New-York, Major 
 G. Tochman, or either two of them, are authorized to invite 
 seven members of the Association to form with them a committee, 
 whose duty shall be to draw the first By-Laws, and to submit 
 them to the decision of the Corporation, at a Meeting which the 
 said Committee shall call as soon as they prepare the By-Laws. 
 This Meeting shall also elect the Officers of the Corporation for 
 the current year. 
 
 § 8. No debt shall be contracted by the said Corporation, ex- 
 cept for the purchase of Books, for printing, and rent of rooms; 
 and the whole amount of its debts, shall at no time exceed two 
 thousand dollars. 
 
 § 9. The said Corporation shall further possess all general 
 powers, and be subjected to all restrictions and liabilities pre- 
 scribed by the third Title of the Eighteenth Chapter of the First 
 Part of the Revised Statutes of this State. 
 
 § 10. This Act shall take effect immediately. 
 
 State of New York, > I have compared the preceding with the original law on 
 Secretary's Office. ) file in this office, and do certify that the same is a cor- 
 rect transcript therefrom and of the whole of the said 
 original. 
 
 N. S. BENTON, Secretary of State. 
 
16 
 
 MEMBERS RECEIVED UNDER THE CHARTER. 
 BROWN, FRANCIS S., Counsellor at Law, - New York. 
 
 DEVELIN, JOHN E., Counsellor at Law, Member of Assembly, « 
 
 JONES, SAMUEL, Chief Justice Superior Court, - - - • - « 
 
 KALUSSOWSKI, HENRY, Professor, &c. « 
 
 PODBIELSKI, JOSEPH. A.M., Professor, &x. - « 
 
 S ANFORD, EDWA RD, Member of Senate and Counsellor at Law, 
 SEDGWICK, THEODORE, Counsellor at Law, - 
 
 SOBOLEWSKI, PAUL, .... Southport, Wisconsin Ter. 
 
 THOMAS, LEWIS S., Attorney at Law, .... New York. 
 
 WETMORE, PROSPER M., General, &c. « 
 
 WIERZBICKI, FELIX P. M. D. « 
 
 WIGHTMAN, STILLMAN K., Counsellor at Law, ...» 
 
 Honorary members, invited by the first meeting of the Association. 
 Atwood, J. Member of Parliament, ... London. 
 David, d'Angers, Sculptor, Institut National, - - Paris. 
 
 Beaumont, Thomas Wentworth, late M. P. - London. 
 
 Bowring, J.— M. P. " 
 
 Burkhart, Charles, Homme de Lettre, Leipzig, Germany. 
 
 Brockhaus, T. A. Public Librarian and Publisher, " " 
 
 Barthels, Adolph, Homme de Lettre, - - Bruxelles. 
 Czartoryski, Adam, Prince, President of the Polish 
 
 Government during the war of 1830 — 31, Paris. 
 Carlysle, Thomas, ------ London. 
 
 Chodzko, Leonard, Polish writer, ... - Paris. 
 
 Devonshire, Duke of, ----- London. 
 
 Mr. Ducpetieu, ------- Bruxelles. 
 
 Demidow, Anatole, Count, .... Paris. 
 
 Eichhorn, Professor, University Manheim, - - Baden. 
 
 M. de Gendebien, late Deputy, - - - - Bruxelles. 
 
 Gaj, Ludenst, Editor and Homme de Lettre, - Illiria. 
 
 D'Harcourt, Marquis, ------ Paris. 
 
 Huniad, Henry, Count, ... Presburg, Hungary. 
 Hallam, Henry, Historian, - London. 
 
 Hanka, Vinceslaus, Professor, University Prague, Bohemia. 
 
 Hertzog, Professor, University Jena, - - Saxe Weimar. 
 
 Itzstein, Deputy, Baden, Manheim 
 
 Jarry de Mancy, Professor, Institut National, - - Paris. 
 De Lasteyrie, Count, President of the Polish Committee, Paris. 
 Lelewel, Joachim, Historian, member of the Polish 
 
 Government during the war of 1830-31, Bruxelles. 
 Montalambert, Peer of France, (Count,) - Paris. 
 
 Palacki, J. ----- Prague, Bohemia. 
 
 Robert, Cyprien, Professor, College de France, - - Paris. 
 
 Sutherland, Duke of, London. 
 
 Skrzynecki, John, General in Chief of the Polish 
 
 Army during the war of 1830-31, Bruxelles. 
 Stewart, C. Dudley, Lord, - London. 
 Szyrma, Lach, late Professor in the University of Warsaw, " 
 Szafarzyk, Joseph, Professor, University Prague, Bohemia. 
 Szafarzyk, John, Professor, Belgrade, ... Servia. 
 Spatzier, Otton, Homme de Lettre, - Leipzig, Germany. 
 Snell, Professor, University of Zurich, - - Zvvitzerland. 
 Zaleski, Bohdan, Polish Poet, Pans. 
 
17 
 
 EPOSITIONS 
 
 United States of America 
 
 Southern District of New 
 City, County and State of New 
 
 v lork, S-ss. 
 t York. j 
 
 Be it remembered, that on this 13th day of September, in the 
 year of our Lord 1847, I, George W. Morton, a Commissioner, 
 duly appointed by the Circuit court of the U. S. for the Southern 
 District of New York, in the Second Circuit, under and by vir- 
 tue of the acts of Congress, entitled, " An act for the more con- 
 venient taking of affidavits, and bail in civil causes, depending 
 in the courts of the U. S." passed February 20th, 1812, and the 
 Act of Congress, entitled, An act, in addition to an act entitled, 
 "An act for the more convenient taking of affidavits and bail in 
 civil causes depending in the courts of the U. S." passed March 
 1st, 1817, and the act entitled " An act to establish the judicial 
 courts of the United States, passed September 24th, 1789, did 
 call and caused to be and personally appear before me, at my 
 office at the United States court — in the City of New York, in 
 the said Southern District of New York, in the state aforesaid, 
 Ignatius T. Chutkowski, to testify, and the truth to say, on the 
 part and behalf of the plaintiff, in a certain suit or matter of con- 
 troversy, now depending and undetermined in the Circuit court 
 of the U. S. for the District of Columbia, for Washington county, 
 at Washington city, in the District aforesaid — wherein Gaspard 
 Tochman is plaintiff and Thomas Ritchie and John P. Heiss, are 
 defendants. And the said Ignatius T. Chutkowski, being about 
 the age of thirty-four years, and having been by me first cautioned 
 and sworn to testify the truth, the whole truth, and nothing but 
 the truth, in the matter of controversy aforesaid, I did carefully 
 examine the said Ignatius T. Chutkowski, and he did thereupon 
 depose, testify and say as follows, viz : That he was born in the 
 government of Podolia and state of Poland, and resides in the 
 city of New York, more than 100 miles from Washington city, 
 District of Columbia, the place of trial of the above cause, 
 
 That he has known the plaintiff personally since 1842. I knew 
 him before that time by reputation as Vice President of the 
 Polish Council, at Avignon, in France, and as a public lecturer 
 on Poland and Russia, in this country, which induced me to call 
 upon him when he visited Washington city, in the District of 
 Columbia, in 1842, where I was then residing, and it was on 
 that occasion that I made his personal acquaintance by intro- 
 ducing myself to him as his fellow-countryman. 
 
 State what you know in relation to the identity of his person, or 
 that he is actually the Polish Major G. Tochman, as he represents 
 himself to be. 
 3 
 
18 
 
 He savs — The circumstances I am about to relate confirm the 
 identity of the plaintiff' in this cause. — In 1846, when Major 
 Tochman made exertions to form in this state the Polish Slavo- 
 nian Literary Association, for which he obtained a charter from 
 the Legislature of this state, some of the Poles residing in this 
 city protested against it, and on this occasion they seemed to 
 have questioned the identity of his person, they denied him the 
 right of forming that society, and denounced that he was col- 
 lecting donations without authority, under pretext of forming 
 that society, and that he assumed in this country the rank of 
 Major. These Poles were then and still are members of a sec- 
 tion of the Polish society of the third of May, whereof I was then 
 and am still the secretary. Having no reason to believe that the 
 protest was reasonable, or that the imputations made against Major 
 Tochman had any foundation, or that he ever collected any do- 
 nations, or subscriptions, I refused to take any part in these pro- 
 ceedings. I even endeavored to deter therefrom those who pro- 
 tested against Major Tochman, but they seemed to have labored 
 under the impression that Major Tochman had no right to form 
 that society without previously consulting with them as the mem- 
 bers of the Polish society of the third of May, to which he refused 
 to belong. They then published several articles against Major 
 Tochman, and reported their proceedings to the general Polish 
 society of the third of May, organized and existing in France. 
 This step of theirs was however greatly disapproved of by the 
 general society of the third of May : by order of that society and 
 of Prince Adam Czartoryski, who was the president of the Polish 
 government during the revolutionary war of 1830, the president 
 of that society, Colonel Breanski, wrote to the Poles who pro- 
 tested against Major Tochman, reprimanding their conduct in 
 the premises, and informing them that Major Tochman was 
 undoubtedly what he represented himself to be: — the nephew of 
 General-in-Chief of the late Polish army, John Skrzynecki; — 
 that he was actually a Major in the army; and that he had always 
 distinguished himself in serving the cause of Poland. This let- 
 ter was addressed to Mr. Kowalewski, who was then presiding 
 officer of the section of the Polish society of the third of May, in 
 New York, and who belongs to the number of those who pro- 
 tested against Major Tochman ; and a similar letter was also ad- 
 dressed by Colonel Breanski, to the Reverend Jerzykiewicz, 
 Polish priest in this city, and both these gentlemen were request- 
 ed, in these letters, in the name of the society and of Prince 
 Czartoryski, to call a meeting of those persons who protested 
 against Major Tochman, and to induce them to revoke that pro- 
 test. I read both of these letters; they were communicated to 
 me as the secretary of the society, but neither of those gentle- 
 men to whom the letters were addressed, have up to this time 
 taken any steps to comply with the request contained in the 
 letters; as I believe probably because of their unwillingness to 
 revive the subject of their mistake in protesting against Major 
 
19 
 
 Tochman. Those letters are in the hands of those who protested 
 against Major Tochman. 
 
 I ought to add here, that previous to the beforetnentioned 
 protest against Major Tochman, I saw his name published in a 
 Book or Almanack, entitled, " Almanach Historique ou Souvenir 
 de L' Emigration Polonaise,'' published in Fiance, in 1837, 
 wherein it is stated that he was Major in the Regiment of Na- 
 tional Guards, that he was wounded, and that he was honored 
 with the Gold Cross "Virtuti Militari," a decoration which 
 proves that he must have distinguished himself in the field of 
 battle during the struggle against Russia for Polish independence 
 and liberty. I saw also his name in the list of Polish exiles, 
 whose property had been confiscated, by the Russian Govern- 
 ment. This list is published in a book entitled, " La Pologne 
 dans ses Anciennes Limites et L' Empire des Russies en 1836. I 
 called the attention to these facts of those who protested against 
 Major Tochman, but they seemed to suspect the identity of the 
 person of Major Tochman until they were disabused therefrom 
 by the aforesaid letters of Colonel Breanski. 
 
 Ignatius T. Chutkowski. 
 
 Read to and subscribed by the witness Ignatius T. Chutkow- 
 ski, on his examination before me, Sept. 13, 1847. 
 
 Geo. W. Morton, U. S. Com. 
 
 United States of America, ) 
 
 Southern District of Neiv York, > ss. 
 City, County and State of New York. ) 
 
 Be it remembered, that on this 14th day of September, in the 
 year of our Lord 1847, I, George W. Morton, a Commissioner, 
 duly appointed by the Circuit court of the United States for the 
 Southern District of New York, in the second Circuit, under 
 and by virtue of the Acts of Congress, entitled " An act for the 
 more convenient taking of affidavits and bail in the civil causes, 
 depending in the courts of the U. S." passed February 20th, 
 1812, and the act of Congress, entitled " An act, in addition to 
 an act entitled ' An act for the more convenient taking of affida- 
 vits and bail in civil causes, depending in the courts of the U. 
 S.'" passed March 1st, 1847, and the act, entitled "An act to 
 establish the judicial courts of the United States," passed Sep- 
 tember 24th, 1789, did call and cause to be and personally ap- 
 pear before me, at my office at the United States courts, in the 
 city of New York, in the said Southern District of New York, 
 in the state aforesaid, John L. O'Sullivan, to testify and the 
 truth to say, on the part and behalf of the plaintiff* in a certain 
 suit or matter of controversy, now pending and undetermined in 
 the Circuit court of the United States, for the District of Colum- 
 bia, for Washington county, at Washington city and the District 
 
20 
 
 aforesaid: wherein Gaspard Tochman is plaintiff, and Thomas 
 Ritchie and John P. Heiss are defendants. 
 
 And the said John L. O'Sullivan, being about the age of thirty- 
 three years, and having been by me first cautioned and sworn to 
 testify the truth, the whole truth, and nothing but the truth, in 
 the matter of controversy aforesaid, I did carefully examine the 
 said John L. O'Sullivan — and he did thereupon depose, testify, 
 and say as follows, viz : To the first interrogatory he says : That 
 his residence is in the city of New York. To the second inter- 
 rogatory: that he knows the plaintiff in this cause, having made 
 his acquaintance in the year 1842, at Albany, on the occasion of 
 that gentleman's address before the Legislature of New York 
 on the subject of the wrongs of Poland, the deponent being then 
 a member of the legislature. That in the fall of 1845 he had the 
 pleasure of receiving from Major Tochman (volunteered by that 
 gentleman) two letters of introduction, the one to General 
 Skrzynecki, the celebrated heroic Commander in Chief of the 
 Polish Army in the late attempted revolution of Poland, and the 
 other to Prince Czartoryski, the President of the late Polish 
 Republic; the former residing in Bruxells, and the latter in 
 Paris. That the former letter addressed Gen. Skrzynecki as 
 " Uncle," and was signed with the designation of " Nephew," 
 in connection with the signature of Major Tochman, which was 
 well known to deponent. That the deponent was received with 
 great kindness and welcome on the introduction of the said 
 letters ; the most friendly inquiries being made respecting Major 
 Tochman, and the relations between the writer of them and the 
 parties to whom they were, addressed, which were implied in the 
 letters themselves, being fully recognized by the latter in the 
 most cordial manner; and that Prince Czartoryski, through the 
 hands of his nephew, Count Ladislas Zamoyski, (who also had 
 united in expressions of friendly regard for Major Tochman, and 
 recognition of his zealous and valuable services to the Polish 
 cause,), delivered to the deponent a parcel directed to Major 
 Tochman, which he duly remitted to that gentleman. 
 
 J. L. O'Sullivan. 
 
 Reduced to writing by the witness, John L. O'Sullivan, on 
 his examination before me, and signed by him in my presence, 
 this 14th day of September, 1847. 
 
 Geo. W. Morton, U. S. Com. Vertatur. 
 
 United States of America, 
 
 Southern District of New York. 
 
 I, a Commissioner, duly appointed by the Circuit court of the 
 U. S., for the Southern District of New York, in the second 
 circuit, under and by virtue of the Acts of Congress, entitled 
 " An Act for the more convenient taking of Affidavits and Bail 
 in civil causes, depending in the courts of the U. S.," passed 
 
21 
 
 February 20th, 1812, and the Act of Congress, entitled "An 
 Act, in addition to an Act, entitled ' An Act for the more con- 
 venient taking of Affidavits and Bail in civil causes, depending 
 in the courts of the U. S.'"' passed March 1st, 1817, and the 
 Act, entitled "An Act to establish the judicial courts of the 
 U. S.," passed September 24th, 1789. Do thereby certify, that 
 the reason for taking the foregoing depositions is, and the fact is, 
 the witnesses are material and necessary in the cause in the 
 caption of the said deposition named, and that they both live and 
 reside in the city of New York, more than one hundred miles 
 from the city of Washington, the place of trial of the above cause. 
 I further certify, that no notification of the time and place of taking 
 the said depositions, signed by me, was made out and served on 
 the adverse parties, or their attorney or agent, to be present at 
 the taking of the depositions, and to put interrogatories, if he or 
 they might think fit, because neither of the defendants, or their 
 attorney or agent, are within one hundred miles of the city of 
 New York, the place of caption or taking of said depositions. 
 I further certify, that on the 13th and 14th days of September, in 
 the year of our Lord, 1847, I was attended by plaintiff", Gaspard 
 Tochman, and by the witnesses, who were of sound mind and 
 lawful age, and the witnesses were by me first carefully exam- 
 ined and cautioned, and sworn to testify truth, the whole truth, 
 and nothing but truth, and the deposition was by me and the 
 witness reduced to writing in the presence of the witnesses and 
 from their statements, and, after carefully reading the same to the 
 witnesses, they subscribed the same in my presence. I have 
 retained the said deposition in my possession, for the purpose of 
 sealing up, directing, and depositing in the post office of the city 
 of New York, the same with my own hands, for the court for 
 which the same were taken. 
 
 And, I do further certify, that I am not of counsel, nor attorney 
 for either of the parties in the said deposition and caption named, 
 nor in any way interested in the event of the cause named in the 
 said caption. 
 
 In testimony whereof, I have thereunto set my hand and seal, 
 this 14th day of September, in the year of our Lord, 1847, and 
 of Independence of the United States the seventy-second. 
 
 Geo. W. Morton, ls. 
 
 f United Slates Commissioner, duly appointed by the Circuit 
 2 court of the U. S., for the Southern District of New York, 
 t in the second circuit. 
 
 United States of America, 
 
 Southern District of New York. 
 
 I, Alexander Gardiner, Clerk of the Circuit court of the United 
 States of America, for the Southern District of New York, second 
 circuit, do hereby certify, that I am well acquainted with the 
 
22 
 
 hand writing of George W. Morton, whose name is subscribed 
 to the annexed certificate and depositions, and that the signature 
 to the same is in Ids proper hand writing. And, I do further 
 certify, that he was, at the time of his signing the same, a Com- 
 missioner, duly appointed by the Circuit court of the United 
 States of America, for the Southern District of New York, under 
 and by virtue of the Acts of Congress set forth in said certi- 
 ficate. 
 
 Tin testimony whereof, I have thereunto subscribed 
 my name, and affixed the seal of the said Circuit 
 s.<^ court, this ] 4th day of September, in the year of 
 our Lord, 1847, and of Independence of the 
 U. S. the seventy-second. 
 
 Alexander Gardiner. 
 
 Copy Test, 
 
 Wm. Brent, Clerk. 
 
 Genealogical Sketch of the next of kin and heirs at laiv o/Gen. 
 Thadeus Kosciusko, ivith some historical notes relating to Gen. 
 Kosciusko himself. 
 
 Louis and Tekla (born Ratomska) Kosciusko, hereditary pro- 
 prietors of the village of Maraszewszczyzna, and purchasers of 
 the village of Siechnowicze, situated in the former Grand Dutchy 
 of Lithuania, a part of ancient Poland, were the parents of four 
 children, to wit: two daughters, 
 
 1st. Ann Kosciusko, born the 26th of July, 1741, who was 
 married to Peter Estko. 
 
 2. Catharine Kosciusko, born the 29th of December, 1743, 
 who was married to Charles Zolkowski. 
 
 And of two sons. 
 
 3. Josephus Kosciusko, who was born the 25d of February, 
 1744, and died without issue, in 1789. 
 
 4. Thadeus Kosciusko, who was born the 12th of February, 
 1746. 
 
 This last mentioned, was the same Thadeus Kosciusko who 
 served in the American army during the revolutionary war of 
 these United States. After the treaty of peace was concluded 
 with England, Kosciusko returned to his native land Poland, 
 and in 1794 led the Poles, as their General-in-Chief, against 
 Russia. In this same year, 1794, at the battle of Maciejowice, 
 he was severely wounded, taken prisoner of war, and carried to 
 St. Petersburg — where he was incarcerated until the accession 
 of the emperor Paul, who set him at liberty in the year 1796. 
 In 1798, Gen. Kosciusko came to this country, to pay a visit to 
 his old friends and companions in arms. On this occasion he 
 left, in the hands of his friend the late Thomas Jefferson, Presi- 
 
dent of the United States, the fund which has since accumulated 
 to the sum of more than 50,000 dollars, and is now the object of 
 the claim of Gen. Kosciusko's next of kin. 
 
 After Gen. Kosciusko returned to Europe, he chose France as 
 the country of his asylum and became domiciliated there. In 
 1815, when the Congress of the European Monarchs, after the 
 downfall of Napoleon, was held at Vienna, he went there at the 
 request of the emperor Alexander to confer with him on the des- 
 tiny of Poland. In 1816, on his way back to France, he stopped 
 to pay a visit to his friend Mr. Zeltner, at Soleure, in Switzer- 
 land — and there he died in October, 1817, just when he was 
 about to resume his journey to France — the country of his asy- 
 lum and the domicil. In 1818 his remains were carried back to 
 Poland and deposited in the sepulchre of the ancient kings of 
 that country at Cracow. 
 
 He died without issue, and his next of kin and heirs at law are : 
 
 1st. Estko Branch — Hippolitus Estko, Romanus Estko, and 
 Louisa Estko (now Louisa Narbutt) whp are the grand children 
 of Gen. Kosciusko's sister Ann, who was married to Peter Estko; 
 and Mrs. Catharine Estko, who is the mother of Romanus Estko 
 and of Louisa Estko (now Louisa Narbutt) and represents her 
 deceased daughter Martina Estko. 
 
 2d. Zolkowski Branch — John Zolkowski, Josephus Znlkow- 
 ski, Ann Zolkowski, Helena Zolkowski, Bregida Zolkowski and 
 Carolina Zolkowski, who are the children of Gen. Kosciusko's 
 second sister, Catharine who was married to Charles Zolkowski; 
 and also her great-grand children; Hippolitus Wankowicz, and 
 Landislaus Wankowicz. 
 
 G. ToCHMAN. 
 
 December 5, 1847. 
 
 A 
 
 Translation from the Polish. 
 
 Siechnowicze, December 24, 1845. 
 Dear Cousin : 
 
 We willingly consent to Mr. Tochman being our 
 attorney, whom you have recommended to us as a gentleman of 
 honor and integrity. We rely upon you, dear cousin, being fully 
 convinced that you are incapable of doing any thing which 
 might be prejudicial to our interest. As to the lawyers, whom 
 His Excellency, Mr. Bodisco, recommends to us, we have no 
 confidence in them, as they make propositions which we cannot 
 accept, they ask from us $500 in advance; it inclines us to the 
 belief that they are interested persons. I send you, Dear Cousin, 
 a copy of the letter which His Excellency, Mr. Bodisco, wrote 
 to me, and also a copy of the official despatch of His Excellency, 
 Mr. Bodisco, as Ambassador at Washington City, in the United 
 States of America, to our Foreign Minister, Mr. Nesselrode, 
 
24 
 
 in order that the latter might communicate it to us; perhaps it 
 will be of some use to you, it may be that you will discover the 
 design of those gentlemen there.* I beg you, my dear cousin, 
 Ignatius, to inform us what became of the land in Ohio, of which 
 those gentlemen write to us that it is lost to us, as you will see 
 it from the papers which I herein enclose to you. It seems to 
 us that it cannot be so as these gentlemen tell us. We cannot 
 understand how the land could have been sold before its owner 
 was found out. As to the debts of Klimkiewicz, if we, lawful 
 heirs of Kosciusko gain the suit, it will show that Klimkiewicz 
 was an imposter, and whatever debts he might have contracted, 
 they cannot bind our fund. 
 
 The Ambassador, Mr. Bodisco, says in his letter that we are 
 bound to remunerate the former lawyers, I do not know why? 
 They have done nothing, and it is only to your interference that 
 we are indebted for the delay which was necessary to enable us, 
 living as we are at so great a distance, to collect the evidence of 
 our inheritance. 
 
 I send you also a copy of the letter which I have written just 
 now to the Ambassador, begging him to remit the papers to the 
 Counsel whom you have recommended to us. I write also to 
 Mr. Tochman, begging him to take under his care our business 
 and securing to him the remuneration for his legal services which 
 you promised to him. I think that our word should satisfy him 
 as to the assurance of his pay, and we hope he will take up our 
 business, and prosecute it with his usual activity. 
 
 We beg you, however, dear cousin, to tell Mr. Tochman, that 
 he will be entitled to his remuneration when he shall have gained 
 our cause. 
 
 Should it be necessary to give him a formal power of attorney, 
 please inform us of it; and as you have also a power of attorney 
 from us, on the strength of it you will please to authorize him in 
 the meanwhile to proceed immediately. 
 
 You propose to us that we should name another counsel, in the 
 person of Mr. Bradley. If it is absolutely necessary, we agree 
 to it; but it would be better if it could be done without him, for 
 it would be necessary to pay him also — and if we could save 
 some money by dispensing with his services we should prefer to 
 offer you a still larger compensation. 
 
 As to the business of Miss Elizabeth Mange, we have made 
 the necessary inquiries, but until now nothing has been accom- 
 plished. 
 
 Farewell, my dear Ignatius. 
 
 Your well wishing cousin, 
 
 Catharine Estko. 
 
 To Mr. Ignatius Chutkowski. 
 
 I hereby certify that the foregoing is a true translation from 
 the original Polish. Stephen J. Dallas. 
 
 * The official despatch of Mr. de Bodisco to Mr. Nesselrode, Foreign Minis- 
 ter of Russia, being not relevant in the matter before Congress, is not annexed 
 here, but its copies will be put at the disposal of Congress if required. G. T. 
 
25 
 
 B 
 
 Copy of the letter of Mrs. Catharine Estko to Mr. de Bodisco. 
 
 Je ne saurais assez exprimer toute ma gratitude pour la bien- 
 vaillance avec la quelle Votre Excellence daigne s'interresser a 
 notre affaire — cequi m' encourage de recourir encore a Votre 
 Grace — Veuillez agreer l'assurance que ses avis me sont de la 
 plus haute importance — mais Votre Excellence ignore peu — etre 
 que Mr. Smith est parent de Meur. Bomford, — qu'il me soit 
 aussi permi de rappeler qu' il faut agir contre 1' administrateur 
 qui gire les funds, — de plus pour le moment nous sommes 
 hors d' etat d' envoyer la somme de 500 dollars qu' on nous 
 demande. Notre cousin, Mr. Chutkowski, nous a donne des 
 preuves de son devouement et de sa loyaute — il nous recom- 
 mande pour AvocatMeur Tochman de New York — et comme il 
 parait qu' en date du j* s Mai 1845, de la lettre que j' ai eu 1' 
 honneur de recevoir de Votre Excellence, les Avocats ne sont 
 pas encore autorises legalement, conformement a la permission 
 qui nous a ete donnee precedemment de nommer les Avocats 
 pour defendre notre cause dans les Tribunaux en Amerique — 
 nous desirous donner la preferance a ce dernier — Votre Excel- 
 lence voudre bien m' excuser si j' ose lui faire mon humble de- 
 mande de permettre a ce changement d' avocats, et de vouloir 
 bien lui faire transmettre par Meur Chutkowski demeurant a 
 New York — les papiers qui se trouvent entre les mains des an- 
 ciens Avocats. Que Votre Excellence daigne considerer que 
 Mr. Fendall et Smiths n' out point fait avances notre affaire, par 
 consequant je suppose qu'ils n'ont pas le droit d'en reclamer le 
 payment, &c. &c. 
 
 [The aforegoing is taken from the copy which Mrs. Catharine 
 Estko sent to Mr. Chutkowski in the letter marked A.] 
 
 G. T. 
 
 C 
 
 Translation from the Polish filed in the Orphan's Court of the 
 District of Columbia. 
 
 Siechnowicze, December 24. 
 
 Sir : 
 
 Our cousin, Ignatius Chutkowski, has recommended you as 
 a gentleman of honor and integrity, in whose hands, we the heirs 
 of Kosciusko can safely place our business. We do place full 
 confidence in you, and we beg you sir, to take under your 
 management our claim, which is clear and just. As to the re- 
 muneration for your legal services we approve with much plea- 
 sure the agreement which our cousin made with you, and we give 
 you the word of honor that none of us shall question it. If you 
 wish to have formal security, please inform us and we shall take 
 4 
 
26 
 
 care to send it to you as soon as possible, together with the power 
 of attorney — and until we do so, please to consider this letter as 
 your authority. Please sir, to inform us how our business stands, 
 and give us your opinion thereof. We place in you full confi- 
 dence and rely upon your integrity. 
 
 We recommend ourselves to your care, 
 
 Your most obedient servant, 
 
 Catharine Estko. 
 a Monsieur G. Tochman, 
 
 a New York, 
 
 True Copy, 
 
 Test, Ed. A. Roach, Regl. 
 
 July 9, 1847. 
 
 D 
 
 Memo: 29 Nov. 1845. 
 
 The undersigned agree to unite in the prosecution of the 
 claims of the families of Estko and Zulkowski to the funds left 
 in this country, in the hands of Mr. Jefferson, by Gen. Thadeus 
 Kosciusko. 
 
 We agree in the first place to enter jointly as sureties for the 
 fees and costs in the several cases depending, or which may be 
 brought, in the Circuit court respecting the said fund, and to be 
 equally responsible in the event of any one or more of the said 
 cases being carried to the Supreme court. 
 
 We further agree that out of the compensation which we may 
 receive, we will, after deducting the said fees and costs, make 
 some reasonable allowance for the services heretofore rendered 
 by Mr. Thos. Swann, and by Mr. J. B. H. Smith, respectively, 
 and the residue to divide equally among ourselves. 
 
 We further agree that this arrangement is temporary only, and 
 that at present there is only an authority from the Estko branch 
 to pay ten per cent, of the amount recovered ; that Maj. G. Toch- 
 man undertakes to open a correspondence with the Zulkowski branchy 
 and endeavor to obtain from that branch an authority to prosecute 
 the claim and to make a proper allowance for our services, and 
 also with the Estko branch to obtain an increased allowance, and 
 if he shall not succeed in obtaining authority from the Zulkowski 
 branch, and an increased allowance from the Estko branch, that 
 either of us shall be at liberty to withdraw from this agreement 
 on reasonable notice to the others. 
 
 It is understood between us that the increased allowance above 
 mentioned is not to be less than 10 per cent, so as to make the 
 whole 20 per cent. 
 
 Jos. H. Bradley, 
 P. R. Fendall, 
 Gaspard Tochman. 
 
E 
 My Dear Sir: 
 
 I have delayed my answers to your letters to 
 see what view Mr. Bodisco is disposed to take. 
 
 He is, as I feared excessively indignant, and has required Mr. 
 Fendall either to get through him a power of attorney for himself 
 and such associate as he, Mr. Fendall, shall name (myself for in- 
 stance,) or to return the papers to him. I see nothing left for us 
 but one of two courses : either to abandon the case, (for without 
 the papers we can do nothing,) or to let Mr. Fendall take the 
 course required by Mr. Bodisco, in which event our agreement 
 will still stand. He is to receive one third, and we, each of us 
 one third, although it will be impossible that your name can be 
 put in the power; this must be done by a private agreement be- 
 tween ourselves. 
 
 You understand this business thoroughly. The papers, the 
 only evidence we have, are subject to his control.and mustbedeliv- 
 ered to him, if he requires it. It is therefore useless for me to en- 
 large upon it — except to add that he seems to have been lately more 
 excited by some recent occurrence, against you : what it is I 
 know not, but the effect of it is to make him positively and abso- 
 lutely refuse to recognize any one (particularly you) who does not 
 receive his authority through the legation. 
 
 I have directed a copy of the Intelligencer, containing the 
 notice in Armstrong's case, to be sent to you. The time has not 
 been changed. You will see in the reports of the Senate, that I 
 have at last got the petition before them. 
 
 I am very truly, and with great respect, 
 
 Your most ob't serv't, 
 
 Jos. H. Bradley. 
 
 Maj. G. Tochman. 
 
 9 January, 1846. 
 
 Memo — I have promised to give Mr. Fendall your reply on 
 Monday, so I beg you will let me hear from you by return mail 
 and oblige Your ob't serv't, J. H. B. 
 
 Boston, March 12, 1846. 
 
 My Dear Sir, — I received a letter from Mrs. Catharine 
 Estko, requesting me in the name of all the heirs of the Estko's 
 branch to take charge of their claim — Mr. Chutkowski received 
 one too, requesting him to take the papers from Mr. Bodisco and 
 deliver them to me. I enclose here copies of correspondence in 
 
28 
 
 reference to this matter, passed between Mrs. Estko and Mr. 
 Bodisco. From the perusal of this correspondence you will best 
 learn how this whole affair stands. You will return me these 
 copies on my arrival in Washington. These letters are not in 
 answer to my letters of December and January, but to a previous 
 letter of Mr. Chutkowski. I beg leave of communicating them 
 to you, that you may know what ground you have to take in 
 reference to Mr. Bodisco and Mr. Fendall — should this last still 
 be submissive to Mr. Bodisco's assumptions. I hope that the next 
 steamer will bring us an answer to my letters, which will make 
 us even more independent in our actions. 
 
 Having learned in Boston, that Col. Bomford has to stay there 
 several weeks, I caused to serve upon him the notice — as re- 
 quired by the Act of Congress, enlarging the powers of the Or- 
 phan's Court. I send you the returned original of the same, and 
 beg you to proceed further in your and my name — should Mr. 
 Fendall refuse to act conjointly with us. I will be in Washing- 
 ton about the end of this month. 
 
 Your most obedient friend and servant, 
 
 G. Tochman. 
 
 Jos. H. Bradley, Esq. 
 Washington, D. C. 
 
 G 
 
 To His Excellency, James K. Polk, President of the United Stales. 
 Sir: 
 
 Last October I preferred a petition to your excellency, 
 praying your protection against Mr. Bodisco's interference with 
 my professional pursuits in this country. In November, the 
 Secretary of State, Hon. Buchanan, answered me that, " the case 
 therein represented is not deemed to be a proper one for the 
 intervention of this government." I abstained from making any 
 further representation on the subject, believing that I should be 
 able to settle, in a private way, the difficulty in which Mr. Bo- 
 disco's interference placed me. This expectation having failed, 
 I am compelled to renew my complaint. 
 
 Vattel, in his law of nations, book II, chap. VIII, § 104, says, 
 
 " We see that every sovereign who has given an 
 
 asylum to a foreigner, considers himself no less offended by an 
 injury done to the latter than he would be by an act of violence 
 committed on his own subject." 
 
 And, treating on foreign ambassadors and ministers, book IV, 
 chap. VII, § 94, he says, " Should an ambassador forget the duties 
 
 of his station Should he form cabals and schemes 
 
 prejudicial to the peace of the citizens, If he maltreats 
 
 the subjects of the state, if he commits any act of injustice or 
 
29 
 
 violence against them, the injured subjects are not to seek re- 
 dress from the ordinary magistrates, since the ambassador is 
 wholly independent of their jurisdiction : On such occa- 
 sions, therefore, the plaintiffs are to make application to their 
 sovereign, who demands justice from the ambassador's master, 
 and, in case of refusal, may order the insolent minister to quit his 
 dominions." 
 
 The foregoing principles, deduced from the immutable natural 
 law — the light of reason and the necessity of self-preservation 
 of the sovereignty of nations, have been approved of by all the 
 publicists, and are considered, by the independent nations of the 
 whole of Christendom, as authorities and guides for settling the 
 questions which cannot be decided by the existing stipulated or 
 conventional laws of the respective nations. 
 
 Such being the law of nations in the premises, I believe that 
 I must have not been sufficiently explicit in my first complaint 
 against Mr. Bodisco, the diplomatic representative of the Emperor 
 of Russia; as I cannot admit that, were it otherwise, your Ex- 
 cellency would have ordered the Secretary of State to answer 
 me, that the injury which I have suffered from Mr. Bodisco's 
 interference with my pursuits, " is not deemed to be a proper 
 one for the intervention of this government." I cannot bring 
 myself to suppose that, were my complaint well understood, your 
 Excellency would have refused to protect the rights of an indi- 
 vidual who has taken asylum in, and become an adopted citizen 
 of these United States. 
 
 Starting, then, from this point of view, I beg leave to submit 
 to your Excellency's reconsideration — that some time in October, 
 1845, I accepted a power of attorney from Mr. Chutkowski, 
 cousin and agent of the heirs at law of Gen. Thadeus Kosciusko 
 of Estko's branch, authorising me, as a member of the bar, to 
 prosecute their claim to a fund which General Kosciusko left 
 behind him in this country. This power of attorney has been 
 subsequently approved of by the heirs themselves — and for reason 
 that Mr. Bodisco had been previously requested by the heirs 
 to retain for them a counsel, they notified him of this change of 
 counsel, and of the reasons thereof — by a letter which Mrs. Estko, 
 the mother of the heirs, wrote to him in November, 1 845. Acting 
 under that power of attorney, I associated with myself, as counsel, 
 Messrs. Fendall and Bradley, members of the Washington bar — 
 by an agreement made in writing on the 29th of November, 1845. 
 Some weeks after, Mr. Bodisco, assuming to claim some right of 
 controlling the will and the interest of Kosciusko's heirs — as of 
 the subjects of his master, insinuated to Messrs. Fendall and 
 Bradley, that he does not recognize my authority as attorney of 
 the heirs; made Mr. Fendall a proposition to draw a copy of a 
 power of attorney in his and Mr. Bradley's name ; and promised 
 them, to obtain from the heirs, through the medium of his gov- 
 ernment, the approbation thereof — in order to supersede thereby 
 
30 
 
 this power of attorney which they gave to me voluntarily and of 
 their own choice. The details of these facts are stated in a 
 curious but significant letter which Mr. Bradley had the indis- 
 cretion to write to me on this subject— whereof a copy is hereto 
 annexed and marked A.* It would be too long a story to describe 
 what has since passed between Messrs. Fendall, Bradley and 
 myself. The subject, as far as they are concerned, is now before 
 the Circuit court for the District of Columbia, and in a few weeks 
 it will be brought before the public through the court. I will, 
 therefore, limit myself, at present, to begging your Excellency's 
 attention — to Mr. Bodisco's own letter, addressed to the Judge 
 of the Orphan's court — whereof a copy, marked B, is hereto 
 annexed.! This letter conclusively shows that Mr. Bodisco has 
 actually interfered with my professional duties — and that his 
 "cabals and schemes," have actually resulted in disturbing the 
 quiet, confidence and peace of three citizens, as well as those of 
 many of their respective friends — and are likely to cause much 
 trouble to many innocent persons abroad. Mr. Bodisco, then, 
 has departed — in this case — from the duties of his station : nor 
 can the fact that my clients, the heirs of Gen. Kosciusko — are the 
 subjects of his master, make his position any better — for, his 
 character of a diplomatic representative of the Emperor, ctoes 
 not entitle him to control, in this country, the private causes of 
 the subjects of Russia. "The prince, therefore, ought not to 
 interfere in the causes of his subjects in foreign countries," says 
 Vattel, book II, chap. VII, § 84, sec. 2.J 
 
 To permit a foreign minister to interfere in our country 
 ex officio in private causes of his master's subjects with our citi- 
 zens, would be to put at stake the safety of these last. It would 
 amount to the submission to a certain extent — of the sovereignty 
 and independence of the state to a foreign power. 
 
 Mr. Bodisco's interference between my clients and myself, is 
 of the most pernicious character on another account. I am a 
 Polish political exile. I was driven from my native land in 1831, 
 and had my property confiscated in 1835 — for having taken up 
 arms in defence of the liberties and independence of Poland. 
 And Mr. Bodisco's motives, in molesting me in my professional 
 pursuits in this country, are altogether political, intended to take 
 vengeance yet further for my services to the cause of liberty and 
 of Poland. Will, then, the sovereign people of these United 
 States and their authorities suffer a foreign minister to use them 
 as an instrument of his master — by allowing him to molest a 
 Polish political exile — on their free soil ? 
 
 What would the rest of the world say, should those, whose 
 
 * See page 27, Exhibit marked E. f See page 38, Exhibit marked O. 
 
 \ See also, Bacon's Abridg., I vol., 216, American Edition. Hoi: 78, 113, 
 114, and the Treaty made by these United States with Russia in 1832, in United 
 States Statute at Large, 8 vol., p. 448, art. 10. 
 
31 
 
 land of liberty is moistened with Polish blood, assist the oppressor 
 of Poland — in persecuting her sons — who defended their liberties 
 and the independence of their native country? 
 
 I need not say how detrimental it would be to the honor of 
 these United States, should Mr. Bodisco succeed in his scheme; 
 but I should be wanting to my duty, as an adopted citizen thereof, 
 as well as to my self-respect, should I not resist his encroachment 
 to my latest breath. 
 
 Submitting, therefore, to your Excellency's reconsideration, 
 my just complaint, I beg, most respectfully, your protection 
 against Mr. Bodisco's further interference between me and my 
 clients ; by adopting such measures, as the law of nations author- 
 izes — and, as your Excellency shall deem proper and expedient. 
 
 It remains to me to add, that my clients have repeatedly 
 refused to sign the power of attorney concocted to supersede 
 mine. But I infer from Mr. Bodisco's letter, above referred 
 to, that he has renewed his cabal by requesting his govern- 
 ment to enforce it. Your Excellency's speedy action in the 
 premises would, therefore, spare my clients much trouble; and, 
 I respectfully solicit this favor of your Excellency — for the heirs 
 at law of the illustrious Kosciusko. 
 
 "JUlow me, sir, the honor of renewing 
 
 The assurance of the highest respect, 
 
 With which I am, your Excellency's 
 
 Most obedient fellow citizen and servant, 
 
 G. Tochman. 
 
 Washington, D. C, March 19, 1847. 
 
 H 
 
 Washington, D. C, January 18, 1847. 
 Sir: 
 
 After my interview with your Excellency in November, 
 1845, I made agreement with Messrs. Fendall and Bradley, 
 whereby we associated and engaged to defend the suits of Est- 
 kos and Zolkowskis, claiming the fund which Gen. Kosciusko 
 left in this country. A few days, then, I requested my associates 
 to beg you, to transmit to the heirs two letters unsealed, inform- 
 ing them of this agreement, and requesting them to secure to us 
 such allowance for our fees as we thought to be authorized to ask. 
 These letters had been returned to me with the answer that your 
 Excellency wished to supersede my power of attorney — and to 
 this end had sent (or proposed to send) to St. Petersburg a 
 draught of a power of attorney in the name of Messrs. Fendall 
 and Bradley, requesting the government of his Majesty, to ob- 
 tain thereto the signatures from the heirs. As this power of attor- 
 ney has not come yet, and the expectation of my associates — and 
 especially of Mr. Fendall to obtain it, creates a misunderstanding 
 between the counsel of the heirs; you will therefore excuse the 
 liberty of saying a few words in relation to this subject. 
 
' 32 
 
 In 1845, when I came to Washington to take charge of the 
 claim of the heirs, I found in the Orphan's court, a bond of ad- 
 ministration in the penalty of $56,000 — which Mr. Bomford filed 
 in 1832, to secure thereby the estate of Gen. Kosciusko. Upon 
 further examination (a few days after the letter which I addressed 
 to your Excellency on the 23d of November, 1845) I found out 
 that the sureties to said bond of administration, died insolvent 
 some years ago. The whole estate, then, for many years was 
 without the least security; and Messrs. Fendall and Smith — the 
 former counsel of the heirs, knew nothing thereof. Through my 
 exertions we have now security for $20,000 — which Mr. Bom- 
 ford was compelled to file on the 7th day of May, 1846, (the 
 petition upon which this security was obtained was filed by Mr. 
 Fendall, but he did it as my associate, and I urged it,)* and we 
 have secured $5,800 in the Bank of Washington, by injunction 
 (should be, by notice to the Bank.) And the proceedings are de- 
 pending in the court, to obtain further security for the residue of 
 the estate — which with the interest for the last two years amounts 
 to about or over $25,000 more. But this is not all which I have 
 done for the heirs. Your Excellency is aware that, there were two 
 Wills of Gen. Kosciusko set up to bar the claim of the heirs. One 
 of 1798, creating a trust and disposing of the whole fund in behalf 
 of the negroes — and another of 1806, whereby Gen. Kosciusko be- 
 queathed to Mr. Armstrong a legacy which at this time with the 
 accumulated interest makes more than $10,000. Messrs. Fen- 
 dall and Smith, whom your Excellency retained as counsel for the 
 heirs, did not make any step to set aside the Will of 1798; — an 
 attempt was made by their predecessors, Messrs. Swann and 
 Sampson, to avoid it on the ground that the trust created thereby 
 is indefinite: but they were unsuccessful, as the Circuit Court 
 for the District of Columbia dismissed their bill, in 1831. 
 
 The Supreme Court of the United States, in 1833, reversed 
 the decree of the Circuit court — with the permission to amend 
 the bill — which they did in 1835 — and the cause was awaiting 
 for a new trial : but its issue was very uncertain, as the courts of 
 Chancery have the power to cure the defects of charitable be- 
 quests. This uncertainty is now removed: — a few days after 
 my interview with your Excellency, I discovered that Gen. Kos- 
 ciusko made and executed another Will in 1816 at Soleure, in 
 Switzerland — whereby he revoked all the previous Wills, testa- 
 ments and codicils. That Will had been deposited and recorded 
 at Fontainebleau in France — and its existence was carefully kept 
 from the knowledge of the heirs for the 29 years past. I made 
 immediately an application to the French authorities for an au- 
 thenticated copy thereof, and on Friday last we have proved and 
 recorded it in the Orphan's court of this District. This pro- 
 ceeding settles the matter so far, that nobody else but the heirs 
 have to take the whole fund which Gen. Kosciusko left here. It 
 sets aside also the Will of 1806— so that the $10,000 adjudicated 
 * The bracketed sentences are explanatory additions. G. T. 
 
33 
 
 to Mr. Armstrong by the decree — the execution of which I stop- 
 ped in November, 1845, are also saved to the heirs. (Bradley 
 moved the court to stop the execution, but at my request and as 
 my associate.) And your Excellency will undoubtedly recollect, 
 that Messrs. Fendall and Smith, gave you an opinion that this 
 legacy must be paid to Armstrong. 
 
 Under my control, then, and through my exertions only, the 
 right of the heirs is already established to the whole fund. And 
 had Messrs. Swann and Sampson, and alter their death, Messrs. 
 Fendall and Smith, done their duty — had they not permitted Mr. 
 Bomford to collect the moneys of the estate and to speculate 
 therewith — we could recover now the whole fund without any 
 further litigation. But as they permitted Mr. Bomford to collect 
 all the moneys, except only 5800 being in the Bank of Washing- 
 ton (this is the Stock) — we must sue Mr. Bomford to recover 
 from him by way of execution what we can — and then sue his 
 sureties to the bond — which we obtained in May last — to make 
 up the balance which we shall not be able to raise out of his own 
 property. 
 
 I have given to your Excellency this brief sketch of the 
 present condition of the affairs of the heirs, to show — that 
 much as I have already done to secure their claim, there remains 
 yet much to be done ; and they maybe yet defeated — if then- 
 business is not properly attended to. And to show also, that to 
 supersede my power of attorney, when the heirs owe to my exer- 
 tions and services, whatever they shall recover, would be the 
 most flagrant and the most unequitable injustice. lam aware 
 that political principles, seldom admit justice and equality due 
 to individuals — when the interest of the state or empire is con- 
 sulted. Wherefore, I do not accuse your Excellency — nor the 
 government of his Majesty — of any iniquity in the design to 
 reach and punish me in the character of American citizen — for 
 my political doings in Poland. But I beg leave, with due respect, 
 to submit to you and to the government of his Majesty, this pecu- 
 liar position in which we find our respective rights. It is to be 
 expected, and it cannot surprise — neither your Excellency nor 
 the government of his Majesty, that if the power of attorney, in- 
 tended to supersede mine — comes and be made use of — I shall 
 defend my right by all possible means. Let us, then, suppose 
 that the present administration shall refuse to interfere in my 
 behalf in this controversy: — because the heirs of Kosciusko are 
 the subjects of his Majesty and within his exclusive power. My 
 course would be — to sue Messrs. Fendall and Bradley (to take 
 legal measures against them) — to set aside their power of attor- 
 ney as obtained by undue means and contrary to law — to impair 
 the agreement which they made with me and which I hold in my 
 hands. They have been participants in the measures which your 
 Excellency adopted against me — and the consequence thereof is, 
 that they cannot make good their power of attorney, to prejudice 
 thereby my rights. And the fact that your Excellency requested 
 5 
 
them to draw that power of attorney, will not make better their 
 cause. But for the sake of argument I admit that I mistake the 
 law, as to this point: your Excellency and the government of 
 his Majesty would not attain the purpose aimed at — even if such 
 were the case — for the law of this country secures to me the 
 whole allowance and the reimbursement of all the costs which I 
 laid out and advanced for the heirs. It secures them to me un- 
 der all circumstances — to wit: whether I gain or lose the suit 
 which I should bring against Messrs. Fendall and Bradley; and 
 also whether the heirs should revoke my power of attorney, 
 obeying the order of his Majesty's government — or whether they 
 should do it of their own free will ; as in my proceedings 
 no departure from my duties of their attorney, can be attri- 
 buted to me. This my tight — is so positive and so secured by 
 the Constitution of these United States, that no interference of 
 any government on the face of the earth can deprive me thereof. 
 And as I have a lien for my dues on the fund of the heirs — being 
 in this country; they cannot be reached by the Ukas of his Majesty 
 whereby it has been ordered to confiscate my property in Poland. 
 
 I have taken the liberty of setting forth before your Excellency 
 this explanation — frankly and openly — with a sincere desire to 
 remove, if possible, the difficulties thrown in my way, without 
 resorting to the measures which could give uneasiness to many 
 persons — and no advantage to the government of his Majesty. 
 A mutual understanding and support, in acting on behalf of the 
 heirs, is very desirable. It could shorten the legal proceedings 
 and give your Excellency the satisfaction of transmitting to the 
 heirs their fund — perhaps in the course of this year. If then my 
 overture is acceptable, I beg your Excellency to inform me there- 
 of, that I may communicate on the subject with you. 
 With the assurance of the high respect, 
 
 I have the honor to be 
 Your Excellency's most obedient, 
 
 G. Tochman. 
 To His Excellency de Bodisco, 
 
 Envoy Extraordinary and Minister 
 Plenipotentiary of Russia. 
 
 Washington City, Jan. 18, 1847. 
 
 I hereby certify that the within and foregoing is a true copy 
 of a letter this day addressed to Mr. Bodisco, Minister from 
 Russia — by Maj. G. Tochman, and by me this day deposited in the 
 Post office in this city. Witness my hand and Notarial Seal — 
 the day and year above stated. 
 
 [LS.] John F. Callan, Notary Public. 
 
35 
 
 I 
 
 Washington, D. C, January 22, 1847. 
 Sir: 
 
 In addition to what I stated in my letter of the 18th inst. I 
 beg leave to inform your Excellency, that last September we filed 
 in the Orphan's Court a petition praying that Mr. Bom ford be 
 required to give further security. This petition was dismissed, 
 and I appealed from the decision. The appeal, however, could 
 not be argued during the last term of the Circuit Court — it was 
 necessary to wait until the next March — so I filed in the Circuit 
 Court a " Bill Quia 7'imet," stating the danger in which I found 
 the estate of Kosciusko, and praying for an order that Mr. Bom- 
 ford be compelled to bring the moneys into court. The court 
 would not refuse such order — and the consequence thereof would 
 be that should not Mr. Bomford comply therewith, his property 
 would be sequestered and his body taken into custody. Messrs. 
 Fendall and Bradley were opposed to this measure. One of them 
 even left the court when I made the motion — but I carried my 
 plan notwithstanding. This compelled Mr. Bomford to give us 
 further security, which he filed in the amount of 40,000 dollars 
 more, after I wrote my last to your Excellency. I have given 
 then my consent to withdraw the " Bill Quia Timet" — as this ad- 
 ditional security has been filed under this condition — which I 
 accepted, preferring the security for 40,000 dollars to the body 
 
 of Mr. Bomford * * * * * * 
 
 ******** 
 
 Our sureties are, Messrs. James Carrico and Samuel Slott for 
 20,000 dollars mentioned in my letter of the 18th inst. and 
 Messrs. Jacob Gideon and Ulysses Ward for the 40,000 dollars 
 now secured. I believe that the last two are known to your 
 Excellency as wealthy men. The son of Mr. Bomford and Mr. 
 B, Smith are also our sureties — but rather pro forma. 
 Allow me, sir, to repeat the 
 
 assurance of my respect, 
 
 Your Excellency's most ob't, 
 
 G. Tochman. 
 To His Excellency de Bodisco, 
 Envoy Extraordinary and Minister 
 Plenipotentiary of Russia. 
 
 K 
 
 Washington, 21 st January, 1847. 
 Maj. G. Tochman, 
 
 Sir — At the time of our interview with you this morning, we 
 were not at liberty to state, that we had seen your letter to Mr. 
 Bodisco, dated 18 January inst. Since then that letter has been 
 placed in our hands, with full power to act in regard to it as we 
 may deem best. 
 
36 
 
 You will not be surprised, then, at this communication, in which 
 we desire that hereafter no further intercourse shall exist between 
 you and ourselves, or either of us, and that you will without delay 
 transmit to Mr. Fendall such of the papers relating to the Kos- 
 ciusko case6, which you received from him, as you have not yet 
 returned. 
 
 You have, we presume, retained a copy of the letter above 
 referred to- If not, we will, if you desire it, forward one to 
 you. 
 
 We are, &e. 
 
 P. R. Fendall. 
 Jos. H. Bradley. 
 
 Washington, January 9A, 1847. 
 Gentlemen : 
 
 In compliance with your request, I return the papers you 
 asked for, and expect that you will also return me immediately 
 the translations of the mortgage, and of the decree, made by me. 
 I also send you a copy of the power of attorney which Estkos 
 executed in the name of Mr. Chutkowski, and a copy of my 
 power of attorney from him. With this, allow me to state that 
 the treatment, which I received from you during all the time 
 since you accepted the proposition of Mr. Bodisco, (to authorize 
 him to send the power of attorney, drawn in your name, to 
 St. Petersburg, to force the heirs to sign it), could not be beared 
 anv longer. / then wrote to Bodisco, not to break thereby my 
 agreement with you, but to bring the matter to a position that we 
 could act under it with more unity and harmony : and if it cannot be 
 attained, to come to a point that I may defend my rights and honor, 
 if necessary, in the courts. Please, then, gentlemen, let me 
 know, whether I have to understand your letter as a notice, as re- 
 quired by our agreement, that you withdraw from further duties of 
 the co-counsel of the heirs. If you do not answer, I will consider 
 it so, and file my power of attorney in the court. This, how- 
 ever, would be a painful duty to do, which I wish to avoid and 
 keep our agreement in full force — if you henceforth consider me 
 as an associate counsel, and not in the manner you did since you 
 confederated against me with Mr. Bodisco. 
 
 I am, &c 
 
 G. TOCHMAN. 
 
 Jos. H. Bradley, and 
 P. R. Fendall, Esiirs. 
 
37 
 
 M 
 
 Washington, 2\si January, 1847. 
 Maj. G. Tochman, 
 
 Sir — We have received your letter of this date, with the 
 papers which it refers to. 
 
 We send herewith the translations you desire, and also a 
 draft of a petition, or supplemental petition, prepared by you. 
 
 Having yourself broken the agreement of the 29th Nov., 1845, 
 we do not recognize you as any longer entitled to act in the cases 
 of the heirs of Kosciusko, which we are exclusively authorized 
 to conduct. There is no other part of your letter requiring an 
 answer from us. We are, &c. 
 
 Jos. H. Bradley. 
 P. R. Fendall. 
 
 N 
 
 To William Brent, Esq., Clerk Circuit court, fyc. 
 Sir: 
 
 Major G. Tochman is no longer associated with us in the 
 conduct of the claims of the next of kin of General Kosciusko, 
 in the various suits now pending in the Circuit court. Our con- 
 fidence having been entirely withdrawn from him by reason of 
 his own conduct, we notify you that we cannot hereafter be re- 
 sponsible for any costs or fees which may be incurred by him, 
 nor is he authorized in any manner to interfere with those suits. 
 He claims to have a power of attorney. We hold the original 
 documents and authentic proofs, placed in our hands by the 
 minister from Russia, and we have reason to distrust any and 
 every act of Major Tochman, and therefore deny his right, under 
 any pretended authority from any person, to interfere in these 
 cases. We also file herewith a copy of his letter to Mr. Bodisco, 
 as the reason of this act.* Very respectfully, &c. 
 
 Jos. H. Bradley. 
 
 P. R. Fendall. 
 Copy Test, 25th January, 1847. 
 
 Wm. Brent, Clerk. 
 
 
 
 Washington, February 15, 1847. 
 
 To the Honorable N. P. Cousin, Judge of the Orphan's court. 
 Sir: 
 
 At the request of Messrs. Fendall and Bradley, counsellors 
 employed by the Imperial Russian Legation, in behalf of the next 
 of kin of the late Gen. Kosciusko, who inform me that their author- 
 ity has been questioned by an individual claiming to act therein, 
 
 * This reference is made to my letter, marked H, see page 31. G. T. 
 
38 
 
 under some pretended authority from the Estko family, I consider 
 it due to the two counsellors to state to you the relation held by 
 the Imperial Legation towards that family. 
 
 As far back as the year 1818 the Estko family applied to the 
 Imperial government for its aid in procuring information in re- 
 gard to the property left by Gen. Kosciusko in this country, and 
 in vindicating their claim to his succession as his next of kin and 
 heirs. A correspondence was at that time opened with Mr. 
 Poletica, by Prince Zajonczek, Vice-Roy of Poland, and by Mr. 
 Poletica with Mr. Jefferson, which resulted in the discovery of 
 the paper of 1798 deposited by the General in the hands of Mr. 
 Jefferson, and of the amount of the accumulated fund referred to 
 in that paper. This fact having been communicated by the Impe- 
 rial government to the Estko family, full powers were transmit- 
 ted to the Baron de Thuye, the successor of Mr. Poletica, and 
 the papers then thought necessary to establish their claims, were 
 also forwarded to him. Baron de Thuye employed Mr. Swann, 
 late counsellor of law, to prosecute their claims, and he retained 
 the late counsellor Sampson to assist him. 
 
 The Imperial Legation is not fully advised of the various 
 causes, which delayed the final adjudication of the claims during 
 the life of Mr. Swann, who survived Mr. Sampson, but during 
 his life he continued to derive all his authority from and through 
 the Imperial Legation, and the Estkojfamily, by correspondence 
 recognized the Legation as fully empowered to act in the matter. 
 Mr. Swann having died without bringing the affair to a final 
 issue, I employed Mr. Fendall and Mr. Bayard Smith conjointly 
 with him to supply the place of Messrs. Swann and Sampson, 
 and vested in them full authority to act in every respect as at- 
 torneys and counsellors of the Estko family. For a long time, 
 as I was informed, the affair was delayed because certain rules 
 requiring security for costs in the court could not be complied 
 with; some necessary papers which had been transmitted through 
 the Imperial Legation, to be executed under the sanction of the 
 Imperial government were, from some cause delayed, and certain 
 documentary evidences necessary to sustain the claims of the heirs 
 had not been received. In this state of affairs, I received from Rus- 
 sia some authenticated documents concerning the Genealogy of 
 the Kosciusko family. These documents appeared to me entirely 
 sufficient to establish clearly the undisputed right of the claimants 
 to the inheritance, and I placed them without delay in the hands 
 of Messrs. Fendall and Bayard Smith. Soon after this communi- 
 cation Mr. Bayard Smith expressed the desire to retire from the 
 case, and with my full consent Mr. Fendall associated with him 
 Mr. Bradley for the prosecution of this business. An arrange- 
 ment was made by them to comply with the rule of court and to 
 give the necessary securities. This step gave life to the affair 
 which was then actively resumed and vigorously prosecuted with 
 every prospect of final success.* 
 
 * See exhibit D— its contents show too plainly the misstatement of this part 
 of Mr. de Bodisco's diplomatic statement. G. T. 
 
From the year 1818, and during an uninterrupted period of 28 
 years, the various members of the Estko family have considered 
 it as a great favor and kindness on the part of the Russian govern- 
 ment, to prptect their interests in the United States, and have acted 
 accordingly by investing the Imperial Legation with full author- 
 ity to act therein, to receive the money, and transmit it to the 
 competent tribunal for the lawful distribution of the inheritance 
 according to the existing law. 
 
 After this statement of facts, it is rather difficult to understand, 
 how the authority, once vested in the Legation, can, now, in any 
 manner, be interfered by them, or any pe?son claiming to represent 
 them, without the consent of the Imperial Legation. Can it be 
 supposed for one moment, that they should forget themselves so far 
 as to trifle with their own government 1 The whole tenor of their 
 correspondence shows, on the contrary, that they confidently rely on 
 the Legation as best qualified, from its position and impartiality, 
 to protect their rights. In their anxiety to see a protracted suit 
 terminated, the Estko family may have listened to overtures of 
 assistance from officious individuals, but the Legation has not been 
 advised of it by the Imperial Government, and there is nothing 
 from which it could be mf erred of, a formal attempt, on the part of 
 the Estkos family , to act against the authority given to the Imperial 
 Legation, recognized and fully admitted during 28 years.* 
 
 Desirous of furnishing to you, sir, all the information necessary 
 to enable you to form a clear and impartial opinion in this case, 
 / consider it as an act of kindness towards the Estkos family, to 
 protest against any pretended authority , in any other person, to in- 
 terfere in this affair without my formal consent. I shall, by the 
 earliest means of communication, report the attempt made to inter- 
 fere toith my authorization, requesting the Imperial Government to 
 inform me if any change has taken place in the position of this 
 affair. In the mean time, I would beg to request that no action, 
 not necessary to the preservation of the property of the estate, shall 
 be had, nor any thing done, which is not sanctioned by the coun- 
 sellors employed by the Imperial Legation. 
 Receive, sir, the assurance of 
 
 My high esteem and consideration, 
 
 A. de Bodisco. 
 
 District of Columbia, ~) 
 
 Washington County, to wit : } 
 
 I certify, that the aforegoing is a true copy from the original, 
 filed in the office of the Register of Wills, for Washington county, 
 aforesaid. 
 
 f Witness my hand and seal of office, this 12th day of 
 seal- < April, in the year 1847. 
 
 (_ Ed. N. Roach, Register of Wills. 
 
 See exhibits A, B, pages 23, 24, 25, to learn how this is mistated. — g. t. 
 
40 
 
 To the Honorable the Judges of the Circuit Court of the 
 District of Columbia. 
 
 The undersigned, in performance of his duty, as attorney and 
 counsel of the next of kin of Gen. Thadeus Kosciusko of Estkos 
 branch, renews his motion — that the names of Messrs. Fendall 
 and Bradley be stricken out of the docket in all the cases of said 
 Estkos branch ; in other words — that they be not permitted to 
 appear for the heirs in any of the said cases — for want of 
 authority. 
 
 In support of this motion, the undersigned refers your honors 
 first, to the power of attorney which said Estkos branch executed 
 in behalf of their cousin, Ignatius T. Chutkowski, on the 6th 
 day of March, 1843. Secondly, to the letter of the same date 
 accompanying said power of attorney, filed in this court. And, 
 thirdly, to the letter of Hyppolitus Estko to said Ignatius Chut- 
 kowski, dated 15th of July, 1844 — also filed in this court. 
 
 He further refers your honors, fourthly, to the power of 
 attorney which said Ignatius T. Chutkowski executed in behalf 
 of the undersigned on the 18th of October, 1845. And, fifthly, 
 to two letters from Mrs. Catharine Estko, one of which is 
 addressed to said Ignatius T. Chutkowski — and dated December 
 24, 1845 — and another of the same date, to the undersigned — 
 which two letters prove that the Estkos branch approved the 
 power of attorney of the undersigned, and positively rejected the 
 counsel recommended to them — by the Russian Minister, Mr. de 
 Bodisco : all which will more fully appear from said power of 
 attorney and the letters — filed in this court — which the under- 
 signed prays may be considered with the letter from Mr. Chut- 
 kowski to the undersigned, dated 12th of February, 1847, also 
 filed in this court. 
 
 The undersigned further shows to your honors — that Messrs. 
 Fendall and Bradley have never been retained or employed as 
 counsel, by any of the heirs of Gen. Kosciusko ; that their names 
 were entered on the docket in the cases of Estkos and others — 
 pending in this court, merely in virtue of the agreement of the 
 29th of November, 1845, filed in this court, whereby the under- 
 signed associated himself with them — in order to have their aid 
 and assistance in performing his duty towards his clients; 
 that this agreement has been rescinded by Messrs. Fendall 
 and Bradley, who chose to claim their authority as attorneys of 
 the heirs, under and from Mr. de Bodisco, the Russian Minister; 
 all which will more fully appear from the correspondence between 
 Messrs. Fendall, Bradley and the undersigned — filed in this 
 court — and also from the notice which said Fendall and Bradley 
 filed in this court on the 25th of January, 1847 — and more espe- 
 cially from the letter of Mr. de Bodisco to the Judge of the 
 Orphan's Court, whereof an authenticated copy is herewith filed. 
 
 The undersigned further shows: that the aforesaid agreement 
 
41 
 
 was a contract between Messrs. Fendall, Bradley and the under- 
 signed — and it can in no way bind the heirs of Kosciusko, who 
 were not parties thereto, and never approved it; that the power 
 of attorney of the undersigned is a personal trust and confidence 
 which his clients, the heirs of Gen. Kosciusko, reposed in the 
 undersigned ; that the undersigned could not and did not transfer 
 to Messrs. Fendall and Bradley the trust and confidence for 
 which the undersigned alone is responsible to the heirs; that it 
 is the established rule of the law that " Delegatus non potest 
 delegare," (2 Kent, page 633, second edition, Law Reporter, 
 1842. Attorney; Johnson v Cunningham. I Alabama 249), 
 that although the Estkos branch, in the power of attorney which 
 they executed in behalf of Mr. Chutkowski, authorized him to 
 delegate the confidence and trust reposed in him — to such per- 
 son or persons as he may choose — which he did in behalf of the 
 undersigned ; this same power has not been and is not invested 
 in the undersigned ; it serves exclusively to Mr. Chutkowski, 
 the cousin of the heirs, and he had no right to delegate to the 
 undersigned " the exercise of his judgment and discretion in the 
 premises, so as to bind thereby the heirs, his principals, (Liver- 
 more on the Law of Principal and Agent, vol. I, pages 54, 64,) 
 — the insinuation, therefore, that Messrs. Fendall and Bradley, 
 by virtue of the agreement made with the undersigned, became 
 the attorneys of the heirs, is altogether inconsistent with the 
 principles of positive law, aforesaid : they were no more than 
 the associates of the undersigned, and, with the dissolution of this 
 association, their right of interfering with any of the cases of the 
 clients of the undersigned, completely ceased. 
 
 As to the claims of Messrs. Fendall and Bradley of some 
 power under the authority from the Russian minister, Mr. Bo- 
 disco ; the undersigned says, that a foreign minister has no right 
 to interfere in the private causes of the subjects of his master, 
 in any foreign country, (Vattel's new edition of Law of Nations, 
 pages 165, 166, § S4, and 172, 173, note Hi to § 104, and Bacon's 
 Abridg., I vol. 216, American edition); the attempt of Mr. Bo- 
 disco to interfere with the professional pursuits of the under- 
 signed, is an insult to the sovereignty of these United States, 
 and should be rebuked at the porch of the judiciary, before 
 which it has been brought through the instrumentality of Messrs. 
 Fendall and Bradley. 
 
 G. Tochman. 
 
 Q 
 
 Be it remembered, thaton this third day of November, 1847, be- 
 fore me the subscriber, a Justice of the Peace of the State of 
 Maryland, in and for the City of Baltimore, personally appeared 
 Major Gaspard Tochman, who after being duly sworn and ac- 
 cording to law says: that he is a native of Poland, — took an 
 active part as Major in the army during the revolutionary war 
 6 
 
42 
 
 against Russia in 1830 — and for having done so, was exiled from 
 Poland in 1831, and had his property confiscated by the grasping 
 power of the Autocrat in 1835. In 1832 this affiant came, as 
 exile to France, where he was elected by his fellow-countrymen, 
 Vice-President of the Polish Council at Avignon, and held the 
 office of that station until 1834, when he went to Paris. About 
 the end of 1836 he left France for England, and in 1837 he came 
 to this country and made himself known to the public of these 
 United States, as a lecturer on the policy of Russia and the wrongs 
 and sufferings of his native land, Poland. In 1843 he became a 
 naturalized citizen of these United States, and in 1845 he was 
 admitted to practice law in various Courts of the United States 
 and in the city and state of New York, where he resides. This 
 affiant further says : that soon after he commenced to practice 
 law, to wit: about the end of the year 1845, the next of kin of 
 General Thadeus Kosciusko of Estko branch, who all reside in 
 Poland and Russia, retained him as attorney and counsel to re- 
 cover their moiety of the property which their kinsman said Gen. 
 Kosciusko left in this country, and which they claimed and liti- 
 gated without any success since the year 1821 or 1823. And 
 this affiant further says, that on his coming to Washington City, 
 to take charge of the business of his clients said Estkos, he found 
 out that the other branch of the next of kin of said Kosciusko, 
 the Zolkowski branch, entitled to the second moiety of said pro- 
 perty, had no attorney nor counsel in this country — he, this affiant 
 therefore, as their former countryman undertook to take charge, 
 and did take charge of their right to, and interest in the estate, and 
 notified them of it by a letter addressed to their relative and cor- 
 respondent, a certain Mr. Adam Bychowiec, living in Russia, in 
 the government of Grodono, who is an assignee or purchaser of 
 some portions of the moiety of the estate casting upon said Zolkow- 
 skis branch. This affiant further says, that although he has an ex- 
 press, and he believes, an irrevocable power of attorney from the 
 Estkos branch, and although theZolkowskis branch for whom this 
 affiant undertook to act voluntarily as aforesaid, have not revoked 
 him as their attorney and counsel, as the law in such cases provides 
 fpr and requires. Yet a certain Mr. de Bodisco, minister from 
 Russia, in his anxiety to take vengeance upon this affiant for his 
 political offences against Russia, undertook to interfere with this 
 affiant's professional pursuits, and has attempted to take out of 
 his hands the business aforesaid of the next of kin of said Thadeus 
 Kosciusko. The affiant further says, that to this end said Mr. 
 de Bodisco, minister from Russia, some time in February, 1846, 
 forwarded to St. Petersburg in Russia, a power of attorney pre- 
 pared in the name of two lawyers of the Washington bar, (with 
 whom this affiant had associated himself as counsel of the next of 
 kin of said Kosciusko to have their legal aid and assistance) re- 
 questing the government of Russia to require the clients of this 
 affiant, said next of kin of Thadeus Kosciusko, to sign said pow- 
 er of attorney in order to supersede that of this affiant. And 
 
43 
 
 this affiant further says, that he, said Mr. de Bodisco, minister 
 from Russia, having failed in obtaining the signatures of the next 
 of kin of said Thadeus Kosciusko to the power of attorney in- 
 tended to supersede that of this affiant as aforesaid, undertook to 
 put at naught this affiant's right and power of attorney, by enlist- 
 ing the two lawyers whom this affiant associated with himself as 
 aforesaid, to contest the power of attorney of this affiant, under 
 pretended authority from him said Mr. de Bodisco, minister from 
 Russia, and in the meantime, he, said Bodisco, renewed his effort 
 to obtain from the next of kin of said Kosciusko a power of at- 
 torney aforesaid, in behalf of the two lawyers employed by him- 
 self to accomplish his political vengeance aforesaid. This affiant 
 further says, that in this stage of this affair came to the City of 
 Washington from Russia, Ladislaus Wankowski, late Captain in 
 the Russian army, who is a grand-grandson of one of the sisters 
 of Gen. Kosciusko, and is entitled in his own right to one twenty- 
 eighth part of the estate of said Kosciusko, casting upon him 
 through his father, and to one fifty-sixth part of said estate which 
 he takes as legacy from his uncle Josephus Zolkowski. And to 
 whom said Adam Bychowiec, and a certain Mr. Szyrma, both 
 purchasers of certain small portions of the estate, gave a power of 
 attorney to recover their said portions: None of the actual heirs 
 or next of kin of said Kosciusko, not even own brother of said 
 Captain Wankowicz, joined said Bychowiec and Szyrma in giving 
 said power of attorney to said Ladislaus Wankowicz, Captain in 
 the Russian army. This affiant further says, that the law of 
 Russia forbids the Russian subjects to have any interview with 
 the Polish political exiles, without the permission of that govern- 
 ment, even abroad in foreign countries: — he, this affiant does not 
 undertake to say whether said Captain Wankowicz obtained from 
 his government leave to see this affiant as attorney and counsel, 
 but he has reason to believe, and does really believe, that said 
 Capt. Wankowicz, on his coming to the City of Washington, 
 some time during the last week, made such an application to said 
 Mr. de Bodisco, minister from Russia, who at first granted said 
 Captain Wankowicz the permission of having interviews with this 
 affiant, and two days after revoked it, and forbade him to see this 
 affiant anymore; which order, of course Capt. Wankowicz must 
 obey, for otherwise he might be sent to Siberia on his return 
 home. This affiant further says, that during the interview, which 
 said Capt. Wankowicz had with this affiant in virtue of the afore- 
 said permission from Mr. de Bodisco, minister from Russia, he 
 said affiant, learned from said Capt. Wankowicz that, said Mr. de 
 Bodisco ordered him to employ as his counsel, those two lawyers 
 for whom he failed to obtain the power of attorney — from other 
 next of kin of said Kosciusko, intended to supersede the power 
 of attorney of this affiant as aforesaid. And this affiant further 
 says, that he advised said Capt. Wankowicz to comply with said 
 order of said Bodisco, having reason to believe and really believing 
 that, should said Capt. Wankowicz refuse to employ these two 
 
44 
 
 lawyers, as said Bodisco, minister from Russia directed him, he, 
 said Capt. Wankowicz, might be severely punished on his return 
 to Russia. This affiant further says, that on the occasion of said 
 interview, Capt. Wankowicz communicated to this affiant a let- 
 ter written in the Polish language, dated Paris, January, 1847, 
 and signed " Terlecki," addressed to a certain Mr. Szyrma, who 
 has a certain interest in the estate of Kosciusko as a legatee or 
 purchaser of a certain small portion, — in which letter said Terlecki 
 informs said Szyrma, that he, said Terlecki, is in communication 
 with some lawyers in the United States; that he proposes to 
 sail from France for the United States in a very short time; and 
 thereupon he, said Terlecki, requests said Szyrma and the next 
 of kin of Thadeus Kosciusko, to execute to him, said Terlecki, a 
 power of attorney to recover the property which Gen. Kosciusko 
 left in this country; and for his services he asks said Szyrma 
 and the next of kin of said Kosciusko, to assign to him, said 
 Terlecki, one half of the estate. This affiant further says, that 
 he has reason to believe and does really believe that, the said let- 
 ter has been made use of to connect the affiant with said Ter- 
 lecki, in the proposition which said Terlecki, made to the heirs or 
 next of kin of said Kosciusko. This affiant therefore expressly 
 and solemnly says and declares, that he does not know said 
 Terlecki, never saw him, had no communication with him, neither 
 directly nor indirectly, in this nor in any other business what- 
 ever; that therefore the charge of some connection of this affiant 
 with said Terlecki is a cabal; an attempt to impeach the good 
 name of this affiant. This affiant further says, that the law being 
 too slow to protect his right and good name, against these politi- 
 cal machinations of said Bodisco, minister from Russia, he, said 
 affiant makes this affidavit under the solemnity of his oath, for 
 the purpose of setting forth before his fellow citizens of these 
 United States, the actual position of this affair ; which he does 
 in the exercise of his right to use preventive measures in self-de- 
 fence, to avert the injury to which the unrelenting persecution 
 aforesaid, could expose him — before he can legally be protected 
 by the Congress of these United States. 
 
 Sworn before ) Gaspard Tochman. 
 
 William Warfield. S