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 ■ A N 
 
 EXPOSE 
 
 
 OF THE 
 
 CONDUCT 
 
 JOSEPH 
 
 H. BRADLEY 
 
 OF WASHINGTON, D . C . 
 
 1 
 
 Counsellor " 
 
 EMPLOYED by the 
 
 IMPERIAL RUSSIAN LEGATION, " 
 
 
 TOWARDS 
 
 MAJOR 
 
 G. TOCHMAN, 
 
 OF NEW V R K , ! 
 
 i 
 
 Counsellor 
 
 1 
 
 RETAINED by the j 
 
 1 
 
 NEXT OF KD 
 
 f AND HEIRS AT LAW 
 
 t 
 
 
 F 
 
 GEN. THADEUS KOSCIUSKO. 
 
 DECEMBER, 1847 
 
 afc'^"-^'*' 
 

V 
 
 U.S.A. ^.y: 
 
 INTRODUCTION 
 
 To THE PUBLIC IN GENERAL, AND 
 
 To MY FRIENDS IN PARTICULAR. 
 
 Human transactions are sometimes subject to unfortunate in- 
 cidents, which no prudence can prevent; when such transpire, 
 a truthful exposition of the facts, and submission of them to the 
 impartial sense of public opinion, seem — for the injured — to be 
 the only attainable satisfaction. 
 
 Guided by this understanding, I deem it my right as well as 
 my duty — to make known to my friends and the public in gen- 
 eral, the particulars of a controversy, which has caused me great 
 pain and unhappiness. 
 
 Mr. de Bodisco, minister from Russia, in his anxiety to take 
 vengeance upon me for political otfences against that country, 
 has been making every effort to take out of my hands, a profes- 
 sional matter, which my former countrymen, the next of kin and 
 heirs at law of Gen. Thadeus Kosciusko, entrusted to my care 
 as a member of the bar of this country. 
 
 To effect this political vengeance — or in other words, to 
 visit upon me, by this indirect way, the penal laws of his mas- 
 ter — the autocrat ; Mr. de Bodisco induced Joseph H. Brad- 
 ley and another member of the Washington Bar (whom I had 
 associated with myself as Counsel of the next of kin and heirs 
 at law of Gen. Kosciusko) to consent to accept a power of at- 
 torney — direct from my clients, which he (de Bodisco) under- 
 took to procure and obtain for them, through the coercive mea- 
 sures of his tyrannical government at St. Petersburg. 
 
 When I ascertained, that the proposition of Mr. de Bodisco 
 was accepted by my then associate, Joseph H. Bradley, and by 
 the other individual who was associated with us ; and that the 
 1 
 
2 
 
 said Mr. de Bodisco, had actually forwarded to St. Petersburg, 
 a draught of a power of attorney, prepared in their names, to 
 obtain the signahtres of my clients- — the heirs at law of Gen. 
 Kosciusko ; I immediately took such preventive measures as I 
 deemed legitimate and proper, to defeat their design (which 
 was a conspiracy) to injure me. 
 
 After this, the association between Joseph H. Bradley, the 
 other individual and myself, was dissolved — and thenceforward 
 those two individuals assumed to claim the absolute management 
 of the business of my clients; under pretended authority from 
 the " Impeiiial Russian Legation" — or in other words : from 
 Mr. de Bodisco, minister from Russia. 
 
 My determined resistance to this absurd, presumptuous, and 
 unwarrantable interference — which continues up to this day — 
 aroused Joseph H. Bradley, who not being able to meet it 
 by any legal and honorable opjjosition, adopted a false and vio- 
 lent course by attacking my good name and professional integ- 
 rity — by means which no gentleman would have done. 
 
 Charitably attributing his behaviour, more to his susceptibility 
 to passion than to a want of honorable feeling (such as should 
 govern a gentleman,) I gave him a fair opportunity of doing jus- 
 tice to himself, and rendering proper redress to me. The en- 
 closed communication will show — how it has been met, and 
 disposed of by him. 
 
 I submit, then, respectfully the merits of the case to the scru- 
 tiny of the public as well as of my friends ; which I do — by 
 publishing the correspondence heretofore referred to : it being 
 the only means, consistent with the rules of honor — by which 
 I can defend my good name and character against the opprobri- 
 ous epithets and menaces, which Mr. Bradley thought he could 
 use towards me icith impunity. 
 
 An attempt having been made, to question the identity of my 
 person, I add at the close, two depositions — taken, one from Mr. 
 I. T. Chutkowski, a cousin of the next of kin of Gen. Koscius- 
 ko, — the other from Mr. John L. O'Sullivan, late member of 
 the Legislature of New York, and former editor of the Demo- 
 cratic Review, — which conclusively show, the character of 
 these malicious insinuations. 
 
 Gaspard Tochman. 
 
 December 10, 1847. 
 
CORRESPONDENCE. 
 
 No. 1. 
 
 Washington, D. C, JVovemfeer 6, 1847. 
 My Dear Sir: 
 
 I have been looking for you here and in Balti- 
 more, for the last three days, and have just learned that you are 
 in Philadelpliia. I beg leave then to direct there, this letter. 
 You know my reasons of postponing my right to obtain satisfac- 
 tion from Bradley, for the insult he offered me last winter — 
 when you were at Washington. It can be postponed no longer. 
 On Wednesday last that man, in open Court, during the argu- 
 ment of a case permitted himself to make some disparaging im- 
 putations in regard to me, which of course I at once refuted. 
 Not being able to meet my refutation by any argument, he 
 adopted a plan unbecoming a member of the bar. In the pres- 
 ence of the judges, members of the bar and other citizens, he 
 made two steps towards me in a menacing posture, saying, " I 
 WILL STRIKE YOU," and on being answered, "try" — (when the 
 Deputy Marshall placed himself between him and myself,) he 
 called me " scoundrel — coward.'''' 
 
 You are a gentleman of honor — and you know that I sacri- 
 ficed all worldly goods on the altar of my native land. I saved 
 and brought to this country of my adoption, only my good name, 
 my honor, and industry. Good name and honor, are dearer to 
 me than life itself — and they are attacked here, designedly, to 
 subserve a foreign policy : Bradley being, as I told you last 
 winter, employed by Bodisco, minister from Russia, to wrest 
 
out of my hands the management of a business which the heirs 
 at law of Gen. Thadeus Kosciusko, entrusted to my care ; further 
 particulars of these efforts of Bodisco, you will learn from the en- 
 closed affidavit, which I made at Baltimore, and published imme- 
 diately after Bradley insulted me. (see exhibit marked A.) 
 
 1 hope, my dear sir, that you will not refuse me your friendly 
 aid, to obtain from Bradley such satisfaction as is due to me. 
 My unchangeable resolution, is, to meet Bradley^ — if he does not 
 prove himself the "cow'rtrd"and '•'■ dirty scoundreV — which he 
 thought he could have applied to me with impunity. I place 
 my honor in your hands with full and entire confidence, and beg 
 you to come to Baltimore as soon as possible, and take this mat- 
 ter into your hands. Please to stop at Barnum's. Write me a 
 note when you will start, that I may meet you there on your 
 arrival. 1 beg you do not delay for a moment your coming to 
 Baltimore, and say nothing about it to any body until all is over. 
 Accept the assurance of the highest consideration — with which 
 I have the honor to be. 
 
 Your most ob't servant, 
 
 g. tochman. 
 
 Capt. James W. Schaumburg, 
 Philadelphia. 
 
 Exhibit A 
 
 .Affidavit — Be it remembered, that on this 3d day of Nov. 1847, 
 before 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 
 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 oC 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 coinmenced 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 properly 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 liis 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 Mi. 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 
 for 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 lime 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 
 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 
 
 * The two lawyers referred to are : Joseph H. Bradley and P. R. Fendall. 
 
to obtain tVom tlio next of kin of saiti Kosciusko a power of at- 
 torney aforesaid, in behalf of the two lawyers employed by him- 
 self to accomplish his political vengeimce aforesaid. This affiant 
 further says, that in this staj;e 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. K-osciusko, and is entitled in his own right to one twentv- 
 eighth part of the estate of said Kosciusko, casting upon him 
 through his father, and to one fifty-sixth part of said estate wliich 
 he takes as legacy from his uncle Josephus Zolkowski. And to 
 whom said Adam Bychowiec, and a certain Mr. Szyrma, l)olh 
 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. Wankovvicz refuse to employ these two 
 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 cei tain 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 Sz,yrn»a and tlie 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 'I'erlecki, 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 indirectl}^ in this nor in any other business what- 
 ever; that therefore the charj^e ot 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, tiiat 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 wliich the unrelenting persecution 
 aforesaid, could expose him — before he can legally be protected 
 by the Congress of these United States. 
 
 Gaspard Tochman. 
 
 Sworn before ) 
 
 William Warfield. S 
 
 No. 2. 
 
 Baltimore, J^ovember 13, 1847. 
 Saturday J 10 Jl. J\I. 
 Dear Sir : 
 
 My much esteemed friend. Major Tochman, feeling 
 himself exceedingly offended by your treatment of him, whilst 
 in the performance of his professional obligations, in presence 
 of the honorable the United States Circuit Court Judges, sitting 
 in Washington city, the members of the bar, officers, and citi- 
 zens there in attendance •, that, without sufficient provocation, 
 
8 
 
 if any at all, on his part, you applied to him the epithet 
 ^^ scoundrel P^ and menaced him in a violent manner. Such is 
 the principal indignity offered to him, and which he considers 
 his character, as a gentleman, requires of him to call upon you, 
 formally, to retract and apologize for — and to do this in as 
 public a manner as the insult was offered. Major Tochman 
 feels that this is due to him, and as he avows that, he has never 
 intentionally provoked you to resentment, or in any manner so 
 acted towards you, as to have prompted you to have assailed 
 him with such violence — he expects that upon reflection you 
 will have no objection to comply with his demand as above. 
 
 I feel confident in saying that, in thus calling upon you to 
 repair the great wrong you have done my friend, he harbors no 
 enmity towards you ; and as he reasons considerately, in which 
 I concur, that he believes your violence towards him arose more 
 from a too great susceptibility to passion, than from any cause 
 of offence on his part. Major Tochman must, notwithstanding, 
 protect and defend his honor from opprobrium. His tacit sub- 
 mission to be so insulted would render him, not only unworthy 
 of the countenance of society, but recreant to his honor as a 
 man, and his professional fame. 
 
 I cannot but believe, and very much hope, that you will 
 promptly accord to Major Tochman what he asks. 
 
 Be so good as to answer this communication as soon as 
 
 possible. 
 
 I remain, with high consideration, 
 
 Your obedient servant, 
 
 Jas. W. Schaumburg, 
 Jos. H. Bradley, Esa. BarnunCs Hotel. 
 
 Washington City. 
 
 No. 3. 
 
 Washington, \5th JVov. 1847. 
 Jas. W. Schaumburg, Esq. 
 
 SiR^ — Your very courteous letter of Saturday last, which I 
 received to-day, requires an immediate and full reply. 
 
 The individual who has complained to you was introduced to 
 me some two years ago, and from that time he received nothing 
 
at my hands but the utmost hospitality and kindness, until Jan- 
 uary last. He then wrote to Mr. Bodisco a letter most injurious 
 to me, and filled with a tissue of falsehoods, which have since 
 been fully demonstrated in open Court. I immediately dropped 
 all intercourse with him, and so informed him in a letter, which 
 I presume he has with him. Shortly after this, in the Orphan's 
 Court, he persisted in addressing himself to me till after the 
 Court had adjourned, when he proceeded so far, in an otfensive 
 manner that I was obliged to tell him he was a liar, a blackguard, 
 a scoundrel, and I believed a coward. This was, I believe, in 
 January last, and in the presence of others. 
 
 I had no further interview with him and heard nothing from 
 him, until some time in May or June last, when, in the Circuit 
 Court, as 1 concluded an argument he arose and said what I 
 considered grossly insulting to me. I then told him, unless the 
 Court took notice of it, and he apologized, I would horsewhip 
 him before night, and he might prepare himself for it. The 
 Court did notice it, and he explained, retracted and apologized 
 to me. Thenceforth I resolved to disregard him; but he kept 
 up a sort of running fire upon me by means of publications, made 
 anonymously in certain newspapers, which at the proper time 
 I shall probably trace out, and fully press upon him. Failing 
 entirely by these means to provoke me to any further notice of 
 him, on the trial of a cause in the Circuit Court more than ten 
 days ago, he repeatedly interrupted the course of it, in a manner 
 intended to be offensive to me. This I entirely disregarded, 
 until at last when I was in the midst of my argument, and utterly 
 forgetful of him, he broke in upon me with a gross charge, 
 which was so sudden, so unlooked for, so entirely unprovoked, 
 that I was for a moment thrown off my guard, and rushed upon 
 him to strike him. Fortunately, my advance was embarrassed 
 by a number of chairs, and before I could reach him he had sunk 
 into a chair. 1 then did say to him, " you dirty scoundrel and 
 coward, I will kick you out of court if you do not behave your- 
 self." He immediately appealed to the Court for protection ; 
 they interfered, reprimanded him for his conduct, and rebuked 
 me for my violence. 1 immediately, and most humbly begged 
 pardon of the Court, for the indignity I had ofi'ered them, and 
 in self-abasement and in view of my own self-esteem, p/edge^Z 
 my honor that, so Jar as I could possibly prevent it, no further act 
 2 
 
10 
 
 or language on his part^ should ever provoke mc to further notice 
 of him. 
 
 These facts are all notorious among the members of the pro- 
 fession in this city. 
 
 If I have done him the slightest injustice, there is no one living 
 who would be more ready to redress it than I am. But you must 
 perceive from the foregoing statement that I have hitherto in- 
 variably acted on the defensive, and whatever I have said has 
 been in repelling his attacks. 
 
 I regret to have been obliged to write this statement of a per- 
 son whom you have designated as your friend. I might, a year 
 ago, have applied the same epithet to him. He alone is respon- 
 sible for what has occurred. 
 
 I need not add, to satisfy you, that towards yourself person- 
 ally, whose courtesy in writing I have already acknowledged, 
 that nothing I have said can be construed into the slightest per- 
 sonal disrespect, I am, sir, 
 
 Your very obliged serv't, 
 
 Jos. H. Bradley. 
 
 Wo. 4. 
 
 Baltimore, Md. JV'ovember 17, 1847. 
 My Dear Captain : 
 
 I expect that you do not wonder, after reading Bradley's let- 
 ter which I sent you last night, that I could not " keep cool" 
 yesterday, and addressed three messages to you by telegraph, re- 
 questing you to come to Baltimore immediately. Had that inso- 
 lent letter came to my hands, before I placed my honor under 
 your care to obtain redress from that man, the distance which 
 separates me now from him would not have cooled me, and I 
 know not what might have become, by this time, of him and my- 
 self Respect for you only, my dear Captain, kept me within 
 the limits which permit me to address you this morning from 
 Baltimore. I received your yesterday's letter at half past eleven 
 o'clock in the night, and will keep " cool and quiet" until you 
 come here — but I beg you do not leave me too long on the tor- 
 ture of coolness and quiet. I am indeed a quiet man, and have 
 never been too hot; but I have never been tried in the manner 
 that I am now : never before, my good name and honor were 
 assaulted in this way, by any mad-man. 
 
 I am unwilling to touch the dirty letter of Bradley, but some 
 
11 
 
 exposition I deem necessary. When 1 ascertained that Bradlev 
 and Fendall accepted Bodisco's proposition to get for them a 
 power of attorney, direct iVom my clients the heirs of Gen. Kos- 
 ciusko, 1 wrote to Bodisco the letters of which, two copies I 
 forwarded to you last night. (See exhibits B, C.) The facts 
 stated in those letters, I aver to be true — and the certiticate of 
 the pubhc notary on tlie co[)y of the first letter, and the tone or 
 tenor of that letter itself, prove, that this communication with Bo- 
 disco was opened as a preventive measure to defeat the unfair 
 and illegal intention of my antagonists. Bodisco, as I expected 
 he would do, communicated those letters to Bradley and Fen- 
 dall, after which they wrote me the letter marked D. The ex- 
 liibit marked E is a copy of my answer to them. And the let- 
 ter marked F, is their reply to it. After this, I tiled in the 
 Orphan's Court, my power of attorney, and requested the Court 
 to take notice that, Biadley and Fendall are no longer my asso- 
 ciates — and of course have no right to interfere in the business 
 of my clients, the heirs of Gen. Kosciusko. Bradley and Fen- 
 dall, on their part, tiled in tliat Court a petition contesting my 
 j)ower of attorney, and assuming to claim the absolute control 
 of the business of the heirs — and in support of this their claim, 
 they filed that /cxmows memorial of Bodisco addressed to the 
 Judge of the Orphan's Court, which is inserted in the slip from 
 a newspaper, which I sent you last night. (Exhibit G.) The 
 question in whom exists the actual power of attorney of the 
 heirs, was argued for two or three days. The last day, when 
 the Judge left the Court, I said — I am very sorry to have such 
 an unexpected and unpleasant difficulty with the gentlemen whom 
 I associated with myself as counsel of the heirs. Bradley smiled 
 with irony — to impress those who were present that there was 
 some wrong on my part in this affair. This of course compelled 
 me to say — that it was not for my own sake that I was sorry — 
 as I have no reason to reproach myself in the premises. At 
 this Bradley began to insult me. As far as I Recollect, he did 
 not use the words which he has inserted in his letter to you: — 
 the words by which he insulted me, then, were " scoundrel — 
 rascal," which were returned to him instantly, and I left the 
 Court. This happened on the very day when 1 told you what 
 occurred between Bradley and myself, and requested your 
 friendly assistance in the pi-emises. Having returned Bradley's 
 insult in his own words, (which I considered as a partial satis- 
 faction done myself) and for other reasons, which I explained to 
 you at the moment when I communicated to you this affair, I 
 did not press this matter further, to obtain full satisfaction from 
 Bradley •, you know, it remained postponed until another time : — 
 and this time has now come. 
 
 The history of the affair, which happened in " May or June," 
 
12 
 
 has been also misrepresenled by Bradley in his letter fo you. 
 It refers to a case ol ihe heirs of Kosciusko v. Armstiong : when 
 the association between Bradley, Fendall and myself was bro- 
 ken, I moved the Court to strike out their names from the docket 
 in that case, and in others; they beini;; no longer my associates, 
 and of course bavins^ no right to stand on the docket upon which 
 they entered as my associates, and under my power of attorney. 
 The Court ovei ruleil my motion — and decided that each of us 
 should be heard until the heirs themselves settle — which of us 
 has the better right to appear lor them: — the Court said they 
 would not look behind the docket. Soon after that, Armstrong's 
 case was argued. Bradley spoke after me — and when he set 
 down, I protested against a portion of his argument which I 
 considered to be prejudicial to the interest of my clients. Brad- 
 ley took it for an insult, and called upon the Court to protect 
 him — or, he said — "I will take justice into my own hands!" 
 The Court reprimanded him for the last words — but at the same 
 time suspended the argument ui the case, and proceeded against 
 me. They wrote a decision reprimanding me for protesting 
 against Bradley's argument, and commanding me to retract it — 
 and apologize to fhadley. I refused to comply with that deci- 
 sion of the Court, and told the Court that they had no right to 
 trample upon my lights and feelings; — that, being the only at- 
 torney with authority from the heirs, I am the only judge as to 
 how their interests should be defended — and for this 1 am re- 
 sponsible to them and nobody else ; — that my protest against 
 Bradley's argument was merely the exercise of my right to 
 defend tlie rights of my clients; that if the Court infers any in- 
 tended ott'ence to Bradley from my protest — so far as the Court 
 infers such offence — I disavow it out of respect to the Court — 
 but with an express declaration on my part, that my protest 
 against Bradley's argument was made in the exercise of my duty 
 towards my clients — and to protect myself from responsibility 
 towards them hereafter: for what may be done by Bradley, I 
 alone am responsible to them, be having been employed by myself 
 without their consent or knowledge. This sort of apologetical 
 explanation, the Court refused to accept; two or three decisions 
 were written with some modifications, to force me to apologize 
 to Bradley — " unconditionally" — to each of them I refused to 
 comply. One of the judges said that, I should respect not only 
 the Court, but " Mr. Bradley too" — to which I answered, " I do 
 respect him as much as he does me, and no more." This an- 
 swer caused a general laughter. The Court then, requested me 
 to reduce to writmg what apology I would offer — which I did — 
 stating the whole case in substance, exactly as I have explained 
 here. The Court refused again to accept my apologetical expla- 
 nation, and said that they would take the matter under advise- 
 
IS 
 
 nient. The enclosed extract of a report from the Baltimore 
 Sun, imperfect as it is, will show to you that in the way which I 
 stated here, the matter in the premises was concluded.* And 
 the Court has it lo this day under advisement. So much, then, 
 for the veracity of the part of Bradley's statement referring to 
 this occurrence, and telling you that I "retracted, (meaning my 
 protest) and apologized to him." 
 
 The history of Bradley's last assault upon me in the Circuit 
 Court, is also misrepresented by him. And to make you ac- 
 quainted with the actual character of this last occurrence, I am 
 obliged to go behind what I stated in my letter of the 6th inst. 
 When I accepted the power of attorney from the heirs of Gen. 
 Kosciusko of Estko branch, I found out that another branch, 
 (the Zolkowski branch) had no attorney, nor counsel, nor agent 
 in this country. I undertook, therefore, to defend their interest, 
 which I did as their former countryman, and notified them to that 
 effect. After that, I associated myself with Bradley and Fendall, 
 to have their legal assistance. The articles of this association 
 were reduced to writing on the 29th day of November, 1845. 
 It was expressly understood between Bradley, Fendall and 
 myself, when the agreement was made, that we associated under 
 my authority from the Estko bianch, and that with the Zolkow- 
 ski branch I had to open a communication to obtain the author- 
 ity. We then filed a Bill of Review, praying the Court to 
 review certain decrees, which Armstrong obtained against the 
 estate, previous to my taking charge of the business of the 
 heirs. The Bill of Review was drawn by Bradley in his 
 own hand-writing, and he put to it the names of Fendall and 
 myself; which he did under authority from us. After the Bill 
 was filed, I perceived that some material facts were omitted. I 
 called, immediately, the attention of Bradley and Fendall to 
 these omissions, and proposed an amendment of the Bill. To 
 
 * From the Baltimore Sun of the 3d of June, 1847. 
 
 Washington, June 2d, 1847. 
 
 Ciraiit Court. — Etslco and others v. Armstrong and Bomford, administrators 
 of Kosciusko. Mr. Bradley resumed his argument this morning, in behalf of 
 the complainants, and against the demurrer put into the bill of review. When 
 he had concluded his address, Mr. Tochman arose and protested against a por- 
 tion of the argument of Mr. B. as tending to favor the other party. Mr. B. re- 
 sented this language, and demanded the protection of the court. 
 
 After various explanations, and a disavowal on the jjart ot Mr. Tochman, of 
 any intention of injuring the feelings of Mr. Bradley, the court drew up a form 
 of an apology, which they required Mr. T. to sign. After perusing it, he sug- 
 gested an amendment, and the court then decided, they would hold the matter 
 under advisement until to-morrow morning. During this rather novel episode 
 to this otherwise dry, antique and intricate case, somewhat of an excitement 
 prevailed amongst the members of the bar, and in the court room generally. 
 However things soon assumed their usual aspect, and the argument in the cause 
 was continued by Mr Fendall for complainants. Mr. Cox spoke in reply until 
 the adjournment of the court. 
 
*4 
 
 this tliey both objected, insisting that the Bill was sufficient. 
 Some lime after, Armstrong demurred to our Bill of Review, 
 It was on the occasion when that demurrer was argued, that 
 aroused that difliculty between Bradley and myself, which I 
 sketched in the preceding part of this letter. The demurrer 
 was ruled good, and our Bill of Review was dismissed, on the 
 very ground of the omission of the facts to which [ called the 
 attention of my then associates. In this stage of the case, came 
 to this country — a captain in the Russian army — Ladislaus 
 Wankowicz, who is one of the next of kin of the Zolkowski 
 branch, for which brancli I undertook to act as their attorney, 
 and notified them of it. Whether he came here of his own free 
 will, or in consequence of the order of his government, is alto- 
 gether immaterial; 1 only call your attention to the fact that 
 Bodisco directed him to employ Bradley and Fendall as his 
 counsel — which he did, as you know, from my affidavit. (See 
 exhibit A, pages 6, 7.) 
 
 This occasion Bradley seized to make a new assault upon 
 me. He obtained an affidavit from Capt. Wankowicz, that he 
 never employed any counsel to defend his interest previous to 
 his coming to this country — (which is true, for he is one of the 
 Zolkowski branch, for whom I undertook to act as attorney, as 
 heretofore explained.) But Bradley, either to smother his mis- 
 take in the Bill of Review drawn by him — as I stated above, or 
 from some other motives unknown to me, instead of amending 
 said Bill of Review, prepared, upon the ground of that affidavit, 
 in the name of Capt. Wankowicz, a bill in the nature of a Bill 
 of Review, to have the Arnistrong''s case reheard — and moved 
 the Court for leave to file it, and during his argument, made 
 insinuations that I had fraudulently entered on the original Bill 
 of Review, my name as attorney of said Capt. Wankouicz, and 
 jraudulenily induced him and J\Jr. Fendall, to enter their names 
 for him, as my associates. Of course, I interrupted him imme- 
 diately, and refuted the false imputation. To make you per- 
 fectly familiar with the character of this false imputation, I 
 enclose here a copy of the agreement heretofore referred to, 
 which I made with Bradley and Fendall, and call your atten- 
 tion, specially, to the underlined part of it. (See exhibit H, 
 part printed in italics.) As I stated in my letter of the 6th 
 inst., Bradley could not meet my refutation by any argument, 
 and assaulted me in the manner which I have described in 
 that letter. His saying that the "chairs" prevented him 
 from striking me in Court! is not true; — my answer '■'■try,^'' 
 caused bim to change his purpose, and he was glad to see the 
 Deputy Marshall place himself between liim and myself — which 
 interposition between us, gave the hero I the boldness to call me 
 " scoundrel and coward.'''' The proceedings of the Court on 
 
15 
 
 that occasion have all been misrepiesented in Bradley's letter to 
 you. It is true that I called upon the Court to protect me — but 
 one of the judges said nothing — another turned round his face 
 and laughed — and the third scarcely uttered the words, " it is 
 very improper, Mr. Bradley, very improper indeed." After 
 which Bradley made a sort o( mock apology to the Court. And 
 when upon that 1 called upon the Court to take notice of what 
 Bradley had done and said — Judge Morsell violently answered, 
 " Mr. Tochman, if you say a word more, I will order the Deputy- 
 Marshall to take you out of the Court." Seeing that I was en- 
 tirely without protection, and that the Court countenanced and 
 suffered the insult which Bradley offered both to the Court and 
 to myself — I of course followed the direction of prudence — and 
 left the Court. It was my intention to separate the conduct of 
 the Court in the premises from that of Bradley, and I have not 
 fully stated it in my former letters to you ; but it seems to me, 
 that Bradley's answer to your letter, authorizes me to disclose 
 to you, even the conduct of the Court — and I do so out of. re- 
 gard to my own self-respect. 
 
 This whole transaction shows how much my feelings must 
 have been wrought upon. I beg you then, my dear Captain, to 
 come back here ; from here, only, you can act effectively. 
 
 Bradley seems to attempt to reflect upon my conduct, that 
 1 did not apply to you until after ten days had elapsed from the 
 time of his last assault, please then to take notice that I wrote 
 to you on the 6th inst. praying you to take this matter into your 
 hands. 
 
 I am very respectfully, and with the 
 
 highest consideration, your most 
 
 obedient friend and servant, 
 
 G. Tochman. 
 
 Capt. James W. Schaumburg, 
 Philadelphia, Pa. 
 
 No. 5. 
 
 Philadelphia, JVovember 11 th^ 1847. 
 My Dear Major : 
 
 I have received your letter, with that of Mr. 
 Bradley. I had expected to receive from him either a gentle- 
 ^mauly submission, or something that would make him still more 
 in the wrong; as unacceptable as his letter is to us, still, I do 
 not think proper to precipitate matters with him — a little time 
 can do no harm, and may work a happy result. You must not 
 
16 
 
 think, because I delay, that 1 do not take the most lively interest 
 in your behalf — as a friend and adviser in such serious matters; 
 it is better to be cool and considerate. I am bound to make 
 peace, honorable to you, and satisfactory to the adverse party 
 also, if it can be done. I am opposed to headlong and violent 
 atjtion — and I shall see that all respect for ourselves be observed, 
 and when every fair inducement is disiegarded, we can take 
 the alternative which must be uncompromising and determined. 
 We shall then see who is the " coward," the " dirty scoundrel," 
 &c. I must press upon you to be at rest, and calm yourself. I 
 shall obtain for you all the satisfaction you can desire. But if 
 Mr. Bradley obstinately opposes reconciliation, we then can de- 
 mand personal satisfaction; if he shrinks from this, then you can 
 resort to publicity of his course of conduct. This is my advice, 
 and you must be governed by it, if I am to act further in the mat- 
 ter. I wish to have three or four days more to consider; I have 
 taken such steps as will, I hope, by that time, bring matters to 
 a close. 1 have a perfect understanding of the whole difficulty, 
 and Mr. Bradley's letter is of no advantage to him, but will 
 show greatly to his prejudice should it become necessary to 
 publish it, more especially so when contrasted with my letter to 
 him, to which it is a reply. 
 
 I remain your friend, 
 
 Jas. W. Schaumburg. 
 Major Gaspard Tochman, 
 Now in Baltimore. 
 
 Wo. 5. 
 
 Philadelphia, JVovemher 19, 1847. 
 
 Dear Sir : 
 
 I received your acknowledgment of the receipt of my 
 communication, and for reasons, not necessary to mention, I 
 have delayed responding to your letter; which, I must not 
 refrain from saying, is not the point proposed for your consider- 
 ation — as necessary either to a happy termination or recon- 
 ciliation, at least, in so far as my friend. Major Tochman, is 
 concerned. You could hardly suppose me to have addressed 
 you on the subject, without first understanding thoroughly the 
 merits of the case, the pros et cons, and of the position in which 
 Major Tochman and yourself stand in relation to each other. 
 I did not call upon you for an explanation, or, as you say it, 
 " a full statement of what you remembered, from first to last, as 
 having provoked or aggravated hostile feelings, reproaches, 
 menaces, and unworthy epithets ;" therefore, understanding the 
 
17 
 
 difficulty between 3'ourself and Major Tochman, I could not 
 have asked for an explanation or a statement from you, and, as 
 presented by you, 1 consider as superogatory. You acquit your- 
 self of any disrespect to myself, in presenting the conduct of 
 my friend towards you, and your denunciation of him. I could 
 not of course suppose that you would treat me with discourtesy ; 
 yet, I must say, that it would have been considerably less 
 objectionable, had you confined yourself to the question; that 
 is, that you would say promptly, whether you would or would 
 not retract and apologize in as public a manner as the highly 
 insulting expressions and unmerited atfronts were offered. I 
 regard with too much respect the high toned honor and unim- 
 peachable character of my friend, and in his very act in the diffi- 
 culty with you, to hesitate for a moment to give him my entire 
 approval. I sincerely desire that you should not continue to 
 stand in a position so unbecoming a gentleman of your high 
 character, as a leading member of the bar and of society. I 
 make no appeal to you, other than to your sense of justice, and 
 1^ as becomes the dignity of an honorable gentleman — submitting 
 to nothing that was wrong, and demanding nothing but what 
 was right. Rely upon it, Mr. Bradley, you will forfeit much, 
 by not doing as I — I will not say advise you to, for it is not my 
 right to do so — suggested. 
 
 You will not misapprehend me; I treat with gentlemen, 
 always without suspicion and upon honor, I scorn to take any 
 advantage. 
 
 I close this communication with a hope, that you will not 
 hesitate to accord what has been presented for your considera- 
 tion. I leave here for Baltimore, and await your answer 
 there. 
 
 I remain, with high respect, 
 
 Your obedient servant, 
 
 Jas. W. Schaumburg. 
 
 Jos. H. BaADLEY, Esa. 
 
 Washington City, D. C, 
 
 Wo. 7. 
 
 Washington, 22d JVov. 1847. 
 Sir: 
 
 At the time I received your first letter, and from that time 
 
 to this moment, I have been incessantly engaged in Court or in 
 
 the preparation of causes, and I was and am now obliged to 
 
 write hurriedly. Your first letter was received and answered 
 
 3 
 
18 
 
 immediately, in the same spirit in which it was written, and in 
 which I now write, and I hoped I had been sufficiently explicit. 
 
 The cause of complaint, as I understand it, is certain oppro- 
 brious epithets used by me in the course of the present term of 
 the Circuit Court. 1 thought I had stated with abundant preci- 
 sion that they were in reply to, and immediately provoked by a 
 sudden and gross charge. That was a charge of fraud openly, 
 and without provocation alleged against me in open Court by 
 him. Has it occurred to you that the cause which led to the 
 use of the epithets should first voluntarily be taken away before 
 you can reasonably expect me to say a word about them. Let 
 your friend do what is right in the matter, and he shall find me 
 quite as ready to redress, as he seems to think me ready to in- 
 flict injury. 
 
 Or, am I to understand that you think he was right to charge 
 fraud on me, and then, that I should voluntarily withdraw the 
 epithets provoked by that charge ^ 
 
 I am, sir, your most ob't serv't, 
 
 Jos. H. Bradley. 
 
 Jas. W. Schaumbubg, Esa. 
 Baltimore. 
 
 No. 8. 
 
 Baltimore, JYovember 25, 1847. 
 Sir: 
 
 I am in the receipt of yours of the 22d inst. in answer to 
 mine of the 19th. You tell me your engagement in Court, &c. 
 has taken up all your time — I am very sorry that you are so 
 much employed, as not to allow you half an hour in two days, 
 to write a few lines. " The cause of complaint, as I understand 
 it, is, certain opprobrious epithets [and menaces] used by me in 
 the course of the present term of the Circuit Court," — exactly so. 
 And you further say, " I thought I had stated with abundant 
 precision, that they were in reply to and immediately provoked 
 by a sudden and gross charge. That was a charge of fraud, (I 
 underscore your words, and will do so as I progress) openly 
 and without provocation alleged against me in open Court by 
 him" — Major Tochman. Now sir, let me quote from your letter 
 of explanation, or " statement," in which you think you " had 
 with abundant precision" represented to my understanding. As 
 you are a lawyer, I shall be brief and to the point; first inform- 
 ing you, that I cannot recognize a change of issue, or as lawyers 
 say, look behind the record. What was the offence of Major 
 Tochman towards you, to call forth the epithets, " dirty scoun- 
 
19 
 
 drel and coward," and that you would " kick him out of Court, 
 &c ?" I quote your own words, " On the trial of a case in the 
 Circuit Court, * * he (Major Tochman) repeatedly inter' 
 rupted the course of it, in a manner intended to be offensive to 
 me. This I entirely disregarded^ until at last, when I was in the 
 midst of my argument and utterly forgetful of him, he hroke in 
 upon me entirely unprovoked, that I was for a moment thrown 
 off my guard and rushed upon him to strike him. Fortunately 
 my advance was embarrassed by a number of chairs, &c." " I 
 then did say to him — •• You dirty scoundrel and coward, 1 will 
 kick you out of Court if you do not behave yourself. '^ He imme- 
 diately applied to the Court, (as well as he might !) for protection, 
 they reprimanded him for his conduct, and rebuked me for my 
 violence !^^ These " facts," you say, " are all notorious among 
 the members of the profession in this city." (It would be bet- 
 ter if such was not the case, for the honor and dignity of the 
 Court and the profession.) What " facts ?" You say, that Major 
 Tochman gave you mortal offence — what did he do? You say 
 " on the trial of a cause in the Circuit Court * * he repeated- 
 ly interrupted the course of it," — " interrupted^^ you whilst speak- 
 ing — You do not say how or in what way he interrupted you — 
 you say he did it in a manner intended to be offensive : Was this 
 not imaginary on your part? It was not simply the being " in- 
 terrupted by my friend that excited you to " violence,''^ for you 
 tell me, that " this I entirely disregarded,^'' but, whilst " utterly 
 forgetful of him, he broke in upon me entirely unprovoked, with 
 a gross charge, which was so sudden," &c. You then applied the 
 outrageous epithets, " dirty scoundrel and coward," and threaten- 
 ing to " kick him out of Court !" I cannot imagine any thing a 
 gentleman could do, that would prompt another to such violence. 
 Your "statement" of what you remembered, for my information, 
 does not say what was the " gross charge" alleged against you 
 by Major Tochman. But in your letter now before me, you 
 say, " I thought I had stated with abundant precision that they 
 (the opprobrious epithets) were in reply to, and immediately 
 provoked by a sudden and gross charge. That was a charge of 
 fraud, openly and without provocation alleged against me in open 
 Court by him." Upon this being shown to Major Tochman, he 
 denies such was the case, and says that he did or said no more 
 than any other lawyer would be bound to do, acting in good 
 faith to his client's rights, and as become his dignity as a gen- 
 tleman. 
 
 You say to me interrogatively, " Has it occurred to you, that 
 the cause which led to the use of epithets, should first voluntarily 
 be taken away before you can reasonably expect me to say a 
 word about them ?" This is easily answered — it depends entirely 
 upon the facts of the case — the first to give offence, should be 
 
• 
 
 the first to advance ', it is becoming an honorable man to con- 
 fess his errors and apologize. You admit that you were " re- 
 kffcerf" by the Court for your "vfoience." Or, you say, " am I 
 to understand that you think he (Major Tochman) was right to 
 cliarge fraud on me, and then that 1 should voluntarily withdraw 
 the epithets provoked by that charge ?" To this I have only to 
 say, that the "charge of fraud'' made against you, as you say, 
 by Major Tochman — I was not informed of by you in your 
 " statement'''' — the word fraud is not in your letter, and Major 
 Tochman, in all he has written or said on the subject, to myself 
 and others, has never charged you with fraud. 
 
 You say this was done in " open Court.'" If Major Tochman 
 alleged against you "/rat/d," it must be explained by him, and if 
 he cannot sustain the allegation, he should make the most ample 
 apology, and it would follow, that if he did not so allege, you 
 would do likewise. I shall not be the mediator or friend of one 
 party, to the doing injustice to another: though I act as the 
 friend of Major Tochman, I am as anxious that you should stand 
 upon grounds, as I am that the outraged feelings of my friend 
 should be appeased. 
 
 What is to be done to bring about a satisfactory understand- 
 ing in this unpleasant affair ? 1 would suggest that you would 
 ask a friend, to meet me in Baltimore to arrange between our- 
 selves, and whatever our decision should be, that yourself and 
 Major Tochman shall abide by. 
 
 I cannot, after this letter, hold further correspondence with you 
 as principal. Tf you will agree to my suggestion, I shall be 
 happy to meet your friend here, which he will inform me o( by 
 telegraph to-morrow — address to me at Philadelphia. 
 I am, sir, your very obedient servant, 
 
 J AS. W, SCHAUMBURO. 
 
 Jos. H. Bradley, Esa. 
 
 Washington, D. C. 
 
 Wo. 9. 
 
 Philadelphia, JVovember 30, 1847. 
 Sir •- 
 
 You have not thought proper to communicate to me, 
 through a friend, whether you would submit to reference the 
 subject proposed, between Major Tochman and yourself, in my 
 letter of the 25lh inst. My friend wishes to terminate the mat- 
 ter speedily as possible, in a way satisfactory to his wounded 
 
21 
 
 honor (and as recognised by gentlemen, when apologies and 
 explanations are denied or insufficient). 
 
 Herewith, then, I have to present his note addressed to you, 
 which you will receive and consider as being handed by me in 
 person. I have to request your immediate acknowledgment, 
 either by yourself or a friend. If your answer be by a friend, 
 let him inform me by telegraph when and where to meet him to 
 arrange matters. 
 
 Much time has been consumed, altogether by my own will — 
 excepting your delays in answering my letters — in the endeavor 
 to induce you to come to terms satisfactory to both Major 
 Tochman and yourself, and 1 have the conscientious satisfaction 
 of knowing that I have felt and acted from the best feelings, 
 and most sincere desire to reconcile matters between you ; fail- 
 ing in this, I have nothing further to say on the subject, other 
 than future preliminaries may make necessary. 
 I remain, your ob't serv't, 
 
 Jas. W. Schaumburg. 
 
 Jos. H. Bradley, Esa. 
 
 Washington City, D. C. 
 
 Baltimore, Md., JVovember, 1847. 
 Sir : 
 
 Having failed to obtain from you a retraxit and apology, 
 for the gross and unwarrantable insults offered to me by you, I 
 have to call upon you, to report your willingness to conform to 
 the usages — recognised by gentlemen in the settlement of per- 
 sonal matters. My friend. Captain Schaumburg, will hand you 
 this, and receive your answer. 
 
 1 remain, your ob't serv't, 
 
 G. Tochman. 
 Jos. H. Bradley, Esa. 
 
 Washington City. 
 
 No. 10. 
 
 Washington, 3d Dec. 1847. 
 Sir, — I have this moment received your letter dated the 30th 
 November, 1847, accompanying one enclosed in the same en- 
 velope, from your friend, demanding satisfaction of me. You 
 speak of the delays which have occurred in the course of our 
 correspondence, and attribute it in part to my delay in answer- 
 ing your letters. In regard to that, 1 take this opportunity to 
 
22 
 
 say that each and every one of your letters was answered on 
 the day it was received, and not a mail was allowed to pass 
 without an answer.* In regard to the letter accompanying your 
 own, I have only further to add, that the letters I have already 
 addressed to you have aflorded to him a full opportunity to 
 relieve himself from the epithets and menaces provoked by his 
 immediate attack. He has not availed himself of that oppor- 
 tunity, and I do not feel myself under the slightest obligation to 
 respond to him in any other manner. 
 
 I am, sir, your most obedient servant, 
 
 Jos. H. Bradley. 
 James W. Schaumburg, Esq. 
 
 * Memo.— Of course this does not refer to your letter of the 25th of Nov. 
 which I did not understand as requiring any answer. 
 
 No. 11. 
 
 Philadelphia, December bth, 1847. 
 My Dear Sir : 
 
 I enclose Mr. Bradley's reply to my last communication, 
 covering your demand for honorable satisfaction. The letter 
 of Mr. B. requires but a single comment. He previously 
 " violently^'''' — to use his own word, assailed you in the open 
 court — denounced you as no gentleman would denounce 
 another — he told you that you were a " cotcarcZ," &c., and 
 when he is called upon to retract and apologize, in as public a 
 manner as he insulted you, he refuses to do so; nay, more, he 
 does not accept the amicable proposition to allow a friend to 
 meet me, for the purpose of arriving at a just and friendly under- 
 standing. This suggestion or proposition, was made in my letter 
 of the 25th November, and I asked for an answer immediately, 
 or the next day, by telegraph, this to be communicated to me 
 by such friend as he would authorize — to say whether or not he 
 would submit the difficulty, between you and himself, to the as- 
 certainment or decision of such friend and myself. No answer 
 was sent to me, and after five days waiting, I addressed him the 
 letter of the 30th ult. presenting to him, your demand — to " re- 
 port his willingness to conform to the usages recognized by gen- 
 tlemen in the settlement of personal matters," &c. Mr. Bradley 
 in reply, says, that he does " not feel himself under the slightest 
 obligation to respond" to your invitation, and this too, after hav- 
 ing " violently''' denounced you as a " coward^ Mr. Bradley, 
 
23 
 
 with self-complacency, co-equalled only by his superlative obsti- 
 nacy and presumption, refers me to his letters, to show, that he has 
 offered you ample opportunity to obtain from him an acknowl- 
 edgment of wrong on his part towards you — as if his forbear- 
 ance and magnanimity were appealed to ! Had he really felt and 
 appreciated your patience and propriety, and the opportunity so 
 earnestly urged upon him by me, he could not have hesitated 
 to accept my proposition, communicated to him at the close of 
 my letter of the 25th ult. viz: to ask a friend to meet me, and 
 to agree to abide by such decision as his friend and myself could 
 have arrived at : I at the same time pledging myself, that you 
 also should submit — and particularly remarking, that if you had 
 alleged against him an act of ^^fraiid,^'' which you could not 
 clearly manifest^ you should first make the most ample apology. 
 Howw he has received and considered this fair proposition, his 
 letter shows. It is not a difficult thing for an honorable and 
 brave man to do justice — and the highest evidence of a man's 
 courage, or that he is not a coward, is that moral courage which 
 inspires one to be himself above doing intentional wrong, and to 
 be always ready to answer for so doing, either by submission 
 to the counsel of friends, or the just demands of the injured 
 party. Mr. Bradley has convinced me, that he has from the 
 first entertained a strong self-approval, and an idea that he is 
 licensed to denounce with impunity an honorable and inoffensive 
 gentleman as a " coward," but has not the pride or ambition to 
 prove himself any thing else than a bully and slanderer. 
 
 I have, then, to relieve you from all control to me, and permit 
 me to say, that your honorable and gentle course of conduct 
 greatly contrasts with that of the person with whom you have 
 had the mortification and pain of personal difficulty. 
 
 I remain your obedient servant and friend, 
 
 Jas. W. Sghaumburg. 
 
 Major G. Tochman, 
 Baltimore^ Md. 
 
24 
 
 EXHIBITS. 
 
 Washington, D. C, January 18, 1847. 
 Sir: 
 
 After my interview with your Excellency in November^ 
 1845, I made agreement with Messrs. Fentlall 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 associate* 
 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. 
 
 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. Boraford 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 bracketed sentences are explanatory additions. — g. t. 
 
25 
 
 llie 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 tlie 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. 1 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 
 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-Samp»on, and after 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. 4 
 
26 
 
 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 may be yet defeated — if their 
 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. I am 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 
 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 right — 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. 
 
27 
 
 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 Citv, Jan. 18, 1847. 
 
 I hereby certify that the within and foregoing is a true copy 
 of a letter tlfls 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. 
 
 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. Bnmford 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 Timet,^^ stating the danger in which 1 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 
 
28 
 
 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. [ 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, Snjith 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 Excf.llency de Bodisco, 
 
 Envoy Extraordinary and Minister 
 Plenipotentiary of Russia. 
 
 D 
 
 Washinoton, Qlsf 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. 
 
 You will not be surprised, then, at this communicaiion, in which 
 we desire that hereafter no fwther 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 cases, 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, &c. 
 
 P. R. Fendall. 
 Jos. H. Bradlf.v. 
 
29 
 
 Washington, January 21 , 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 
 any longer. / then wrote to Bodisco, not to break thereby my 
 agreement with you, hut 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 riglifs 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 loillidraiv 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, Esqrs. 
 
 Washington, Sllst Jaminry, 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., 1 845, 
 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. 
 
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 
 tmploxjed 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, 
 under sorne 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. Jefterson, 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 Estko family, 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 tbe 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 stateof affairs, I received from Rus- 
 sia some authenticated documents concerning the Genealogy of 
 the Kosciusko family. These documents appeared to me entirely 
 
31 
 
 sufficient to establish clearly the undisputed right of the claim ants 
 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.* 
 
 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 protect 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 person claiming to represent 
 them, without the consent of the Imperial Legation. Can it be 
 supposed for o?ie moment, that they should forget themselves so far 
 as to trifle with their own governmenti 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 inferred 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. t 
 
 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 i.vithout my formal consent. I shall, by the 
 earliest means of cotnmunication, report the attempt made to inter- 
 fere with my authorizatioii, 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. 
 
 ' See exhibit H — its contents show too plainly the mistatement of this part 
 of Mr, de Bodisco's diplomatic statement — g. t. 
 
 f See exhibits I, K, L, pages 33, 34, 35, to learn how this is mistated. — s. t. 
 
32 
 
 District of Columbia, 
 
 Washington County, to 
 
 tmt : 5 
 
 I certify, that the aforegoing is a true copy from the original, 
 filed in the ofiice of tlie Register of Wills, for Washington county, 
 afore;5aid. 
 
 r Witness my hand and seal of office, this l2th day of 
 SEAL. < April, in the year 1847. 
 
 (^ Ed. N. Roach, Register of Wills. 
 
 H 
 
 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 ZuJkowski branch, 
 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. 
 
Tfanslalionfrom 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, 
 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, 1 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 transmit 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. 
 
 * The official despatch of Mr. de Bodisco to Mr. Nesselrode, Foreign Minis^ 
 ter of Russia, is not annexed here, it having no relation to the affair which pro- 
 voked the publication of this pamphlet.— g. t. 
 
 5 
 
S4 
 
 Should it be necessary to give him a formal power of attornej, 
 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 in«iuiries, 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. StSephen J. Dallas. 
 
 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 
 Grdce — Veuillez agreer I'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 -^^ Mai 1845, de la lettre que j' ai eu I' 
 honneur de recevoir de Votre Excellence, les Avocats ne sont 
 pas encore autorises legalement, conformement a la permission 
 qui nous a ete donnee procedemment 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 I.] G. T. 
 
$6 
 
 L 
 
 1\anslaiion from the Polish filed in the Orphan'' s Court of the 
 District of Columbia. 
 
 Sir : Siechnowicze, December 24. 
 
 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 
 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 inte<grity. 
 
 We recommend ourselves to your care, 
 
 Your most obedient servant, 
 4 Monsieur G. Tochman, Catharine Estko. 
 
 a New York, 
 
 True Copy, 
 
 Test, Ed. A. Roach, Regl. 
 
 July 9, 1847. 
 
 DEPOSITIONS. 
 
 k, Iss. 
 k.] 
 
 United States of America, 
 
 Southern District of New York, 
 City, County and State of New York. 
 
 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. 
 
36 
 
 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 dependino; and undetermined in the Circuit court 
 of the U. S. for the Distiict 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 
 theUge 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, ivhich 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 v^hat you know in relation to the identify of his person, or 
 that he is actually the Polish Major G. Tochman, as he represents 
 himself io be. 
 
 He says — 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 hihi 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 assunoed 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 be ever collected any do- 
 nations, or subscriptions, 1 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 tkird 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, 
 
37 
 
 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- 
 testisd against Major Tochman, reprimanding their conduct in 
 the premises, and informing them thai 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 
 the 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 
 Tochman. Those letters are in the hands of those who protested 
 against Major Tochman. 
 
 I ought to add here, that previous to the beforementioned 
 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 France, 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 vv'hich 
 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 Poloo-ne 
 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. 
 
3b 
 
 United States of America, ^ 
 
 Southern District of New York, > ss. 
 City, County and State of New York. ) 
 
 Be it remembered, that on this 14th day of September, in the 
 year of our I^ord 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 takins 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 plaintift" 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 
 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 : Thai 
 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 k 
 Polish Army in the late attempted revolution of Poland, and the \ 
 other to Prince Ciartoryski, 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 we' come 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 tiiat Prince Czartoryski, through the 
 hands of his nephew, Count Ladislas Zamoys^ki, (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. 
 
 I 
 
 United States of America, 
 
 Southern District of Aeio York. 
 
 I, a Commissioner, duly appointed by the Circuit court of the 
 V. 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 
 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. 
 1 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 plaintift", 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 
 
40 
 
 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. 
 C United Slates Commissioner, duly appointed by the Circuit 
 ^ cojirt of the U. S.,for the Southern District of New Ydrk, 
 f in the second circuit. 
 
 United States of America, 
 
 Southern District of Aew Fork. 
 
 ss. 
 
 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 
 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 his 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. 
 
 'In testimony whereof, I have thereunto subscribed 
 
 my name, and affixed the seal of the said Circuit 
 
 L. s.«^ court, this l4th 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. 
 
 Explanation. — The aforegoing depositions have been taken to be used as 
 evidence in a libel suit, which I brought against Messrs. Ritchie and Heiss, 
 because of their having republished, in the advertising- columns of their paper, 
 one of the libellous pieces referred to in the deposition of iVlr. Ignatius T. Chut- 
 kowski. But Messrs. Ritchie and Heiss are not concerned in the affair which 
 provoked the publication of this pamphlet, G. Tochman. 
 
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