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TO THE HONORABLE,

Cl)c 0mate ana j§ott0£ of Be;pre0miati:oe0

UNITED STATES, IN CONGRESS ASSEMBLED,

PETITION
O F
MAJOR G. TOCHMAN,
ATTORNEY AND COUNSEL
OF THE
NEXT OF KIN AND HEIRS AT LAW
O F
GEN. THADEUS KOSCIUSKO.
DECEMBER, 1847.

; VALE

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V-
rcO,

14-1

PETITION.

To the Honorable the Senate and Houte of Representatives of
the United States in Congress assembled*
For the last twenty-two months, I have been the object of a
most wanton and unwarrantable persecution of a foreign policy :
or of an attempt to visit upon me, in this land of liberty, the
penal laws of a despotic power, for alleged political offences
against that power, to wit : for the part which I took in defending
the liberties and independence of Poland, against the encroach
ments and rapacity of Russia. Having exhausted, unavailably,
all legal means in resisting that wanton and unwarrantable at
tempt so disrespectful to the sovereignty of these United States
under whose protection I now live, I beg leave to address my
self, respectfully, to your honorable body, for such protection
as the law of nations in general, and the policy of this great
Republic in particular, may, in the wisdom of this honorable
Congress, afford me. To make your honorable body under
stand perfectly the character of my complaint, and the extent of
the injury done me, as well as the highly criminal disrespect
offered to the sovereignty of these United States by the despotic
power alluded to — or at least by its diplomatic representative at
Washington, I am necessarily compelled to state, — that I am
a native of Poland ; that I took an active part against Russia as
a major in the army, during the war for the independence of
Poland, in 1830; that for having done so, I was exiled from
Poland, in 1831, ar.d had my property confiscated by that ever
grasping sovereign — the autocrat, in 1835. In 1832, three
years before my property in Poland was confiscated, I went to
France as a political exile — where I was elected, by my fellow^
countrymen, vice-president of the Polish council at Avignqp*
and held that office until 1834 — when I went to Paris. Abi£0>
1

the end of 1836, 1 left France for England, and in 1837 I came
to this country, where I made myself known to the public of
these United States as a public lecturer — on the policy of Russia
and the wrongs and sufferings of my native land, Poland. In
1843, 1 became a naturalized citizen of these United States, and
in 1845, I was admitted to practice law in various United
States Courts, and in those of the states of Maryland and
New York, in which last mentioned state, I reside. In my
new character of a citizen and member of the bar, I formed
in the state of New York, a Polish Slavonian Literary Associa
tion, having for its object to advance the cause of my native
land, by extending amongst my new fellow-citizens of these
United States, the knowledge_of the history, science and litera
ture of the Slavonian race. The list of the members of this
association, contains a number of the most distinguished leading
citizens of these United States ; and I obtained from the Legisla
ture of New York a charter incorporating said Polish Slavonian
Literary Association, on the 26th of March, 1846.*
These incidents in my life have been adverted to, as I stated
above, to make your honorable body understand the source and
character of the wanton and unwarrantable foreign political in
terference with my rights and privileges, which I proceed to
expose. Soon after I commenced to practice law in this country, to
wit: about the end of 1845, my former countrymen, the next
of kin and heirs at law of Gen. Thadeus Kosciusko of Estko's
branch,f through the medium of their cousin and agent, Mr.
Ignatius Chutkowski, a Polish political exile, and now a citizen
of these United States residing in New York, engaged my pro
fessional services, lo recover for them the property which their
illustrious kinsman, Gen. Kosciusko, left in this country, and
which they were litigating previous to engaging my services
for 25 or 26 years without any success. Their former counsel
were the late Messrs. Swann and Sampson, members of the
Washington bar, who were retained at their request by the late
Baron de Thuye, then minister from Russia, in or about ihe
year 1821. After the death of Messrs. Swann and Sampson
The charter of the association and certain depositions havin» reference to
will be found pages 12 to 22.
The genealogical sketch of the next of kin and heirs at law of Gen
'iusko will be found, pages 22, 23.

|Lw:

some time in the year 1839 or 1840, Mr. de Bodisco, the succes
sor of the late Baron de Thuye minister from Russia, possessed
himself of the papers of the next of kin of Gen. Kosciusko, and
recommended to them, to employ as their counsel, Messrs. P.
R. Fendall and J. B. H. Smith, members of the Washington
bar. This recommendation was objected to by said next of
kin of Gen. Kosciusko ; and in December, 1845, Mrs. Catharine
Estko, in the name of all the members of the Estko's branch,
informed Mr. de Bodisco, that they gave the preference to my
self, and requested him to deliver up their papers to their
cousin, said Mr. Ignatius Chutkowski, whom they directed to
transmit them to myself as their attorney and counsel ; as will
more fully appear from the copies of the letters of said Mrs.
Catharine Estko, hereto annexed and marked A, B, C.
Previous to receiving the foregoing communication, when I
came to Washington, to take charge of the business of said next
of kin of Gen. Kosciusko of Estko's branch pursuant to the
agreement made with their cousin, said Mr. Ignatius Chutkow
ski, I found out, that the other branch of Gen. Kosciusko's next
of kin and heirs at law, the Zulkowski's branch, equally entitled
with the former to the distribution of Kosciusko's estate, had
neither attorney, counsel, nor agent in this country — therefore, as
their former countryman, I undertook to take charge of their
interest, and notified them to that effect ; I had also at the same
time a personal interview with Mr. de Bodisco, minister from
Russia, to get from him the papers of the Estko's branch — and
above all, to place myself with him in a position that would
afford me the facility of communicating with my clients, through
his office, if possible. I then associated myself, as counsel of
the next of kin of Gen. Kosciusko, with Messrs. P. R. Fendall
and Joseph H. Bradley, members of the Washington bar ; of
whom the first became my associate for the sake of peace, at
the express request of Mr. de Bodisco, and in consequence of
my interview with him ; Mr. Bradley was of my own choice.
The articles of this Association were reduced to writing on the
29th of November, 1845, as will appear more fully from a copy
hereto annexed and marked D.
A few weeks after, Mr. de Bodisco having learned, as I
believe, that I was making exertions to form in this country thj^
Polish Slavonian Literary Association, heretofore referred Mj,

and finding himself unable to defeat my plan of forming it, un
dertook to take vengeance upon me, and wilh the view of pros
trating me in my professional career in this country, suggested
to my associates, Messrs. Fendall and Bradley, that be would
get for them a power of attorney, direct from my clients, the
next of kin and heirs at law of Gen. Kosciusko ; as will more
fully appear from a copy of Mr. Bradley's letter to me, hereto
annexed and marked E, the tenor of which affords no ground
for the justification it attempts.
Although the proposition stated in the letter marked E, was
rejected with indignation — verbally — as will appear from the
copy of my letter to Mr. Bradley — afterwards written, which is
hereto annexed and marked F — a power of attorney, in the
name of Messrs. Fendall and Bradley, was prepared at Wash
ington, and its draught was forwarded to St, Petersburg, by Mr.
de Bodisco, who, to attain the object of his political vengeance,
denounced me to his government as one of the Polish political
exiles, and made a request, that the government should require
my clients, the next of kin and heirs at law of Gen. Kosciusko,
to sign said draught of the power of attorney— in order to visit
upon me the penal laws of Russia — by taking out of my hands,
the business which said next of kin of Gen. Kosciusko had en
trusted to my care. These facts came to my knowledge in
October, 1846, and immediately a petition was addressed to his
Excellency, the President of the United States, praying his pro
tection against this unwarrantable attempt of Mr. de Bodisco to
visit upon me, in this country, the penal laws of his master.
His Excellency the President, directed the Secretary of State to
answer me " that the case represented in said petition is not
deemed to be a proper one for the intervention of this govern
ment." I remonstrated against that answer, and preferred to his
Excellency the President, another petition, a copy of which is
hereto annexed, and marked G. No reply has been received.
An attempt was also made to adjust this difficulty in a private
way which failed, after which I addressed two letters to Mr. de
Bodisco, minister from Russia, stating in what condition was the
estate of Gen. Kosciusko previous to my taking charge of the

with him upon tlie impropriety of the measure which he had
adopted to reach me in this country ; and informing him, that
should the power of attorney, the draught of which he had for
warded to St. Petersburg, come, and be made use of, I would
take legal measures against Messrs. Fendall and Bradley, to
have it set aside, as obtained by undue means and contrary to
the law of this country -t as will more fully appear from the
copies of said two letters, hereto annexed and marked H, I.
After that, the association between Messrs. Fendall, Bradley
and myself, was dissolved, and they openly assumed to claim,
under an authority from the Imperial Russian Legation, the
management of the business which my former countrymen, the
next of kin and heirs at law of Gen. Kosciusko, entrusted to my
care ; as will fully appear from the copies of the correspond
ence, which passed between them and myself, hereto annexed
and marked, K, L, M ; and especially from the copy of the
notice which they filed in the office of the Clerk of the Circuit
Court for the District of Columbia, marked N, and from the
copy of a memorial hereto annexed and marked O, which Mr.
de Bodisco himself, in the capacity of a minister from Russia
(passing by the State Department with which only the law of
nations authorizes him to correspond as a diplomatic represen
tative,) thought proper to address, officially, to the Judge of the
Orphan's court of that District.
Without the least intention to ascribe either to the Orphan's
court, or to the Circuit court for the District of Columbia, the
intention to aid Mr. de Bodisco, minister from Russia, in the
aforesaid attempt to reach me and make me feel in this country
the penal laws of Russia for political offences against that coun
try-— I must be excused for saying, that since the time of Mr.
de Bodisco's interference with my professional pursuits in the
maimer, heretofore explained, I have not been regarded by those-
two courts as on an equal footing with, Messrs, Fendall and
Bradley, " Counsellors, employed by the Russian Imperial Le
gation," In the Orphan's court, at their request supported by Mr. de
Bodisco's memorial heretofore referred to and marked 0, no
proceeding of mine, as counsel of the next of kin and heirs at
law of Gen. Kosciusko, was regarded and acted upon— until after
the Hon. Reveirdy Johnson, Senator of this honorable body,

offered me his professional assistance, and honored me with his
association as counsel of said next of kin of Gen. Kosciusko.
In the Circuit court I was obliged to encounter many painful
incidents — of which, one or two will be enough to show to
your honorable body, the position in which " the Counsellors
employed by the Imperial Russian Legation," and myself, the
counsellor employed by the next of kin and heirs at law of Gen.
Kosciusko, stood before that court :
After the association between Messrs. Fendall, Bradley and
myself had been dissolved, and after Messrs. Fendall and Brad
ley had notified the Orphan's court and the Circuit court, (exhi
bits N, O) that they claimed the management of the business of
the next of kin and heirs at law of Gen. Kosciusko, under the
authority from Mr. de Bodisco — or from " the Imperial Russian
Legation," I moved the Circuit court, to strike out their names
from the docket in the cases of my clients, next of kin and heirs
at law of Gen. Kosciusko, depending in that court, upon which
they entered as my associates and under an authority from my
self, as will more fully appear from a copy of the motion hereto
annexed and marked P. This motion was overruled ; the court
said that they would not look behind the docket. So Mr. de Bodis
co, minister from Russia/during twenty-two months of renewed
efforts in Russia, could not succeed in extorting from the next
of kin and heirs at law of Gen. Kosciusko a power of attorney
for " the counsellors employed by the Imperial Legation," and
in this free country, upon the mere technicality of the law
(which should have yielded to the principle of common sense,
and the policy of these United States, not to permit a foreign
minister to interfere with the professional pursuits of its adopted
citizen) he succeeded, through the medium of " the counsellors
employed by the Imperial Russian Legation," in putting at
naught both, the will of said next of kin and heirs at law of
Gen. Kosciusko, and to a certain extent my power of attorney
from them.
As there is no legal remedy to set aside a decision of
this character, I was obliged to submit to it, and soon after
(in June last) to argue the case of my clients, conjointly with

the next of kin and heirs at law of Gen. Kosciusko, obtained a
decree against (he estate of Gen. Kosciusko, adjudicating to
him a legacy amounting to about or over f 10,000, claimed by
him under a Will which Gen. Kosciusko revoked by a subse
quent Will. When 1 associated myself with Messrs. Fendall
and Bradley as aforesaid, and previous to their accepting Mr.
de Bodisco's proposition to become " the counsellors employed
by the Imperial Russian Legation," we filed a Bill of Review,
praying the Circuit court to review said decree in Armstrong's
case. The bill was drawn by Mr. Bradley, and after we broke
our association, it was demurred to — on the ground of certain
omissions and imperfections. Mine was the first argument in
answer to the counsel of Mr. Armstrong. Mr. Bradley spoke
after me. When he set down, I protested against a part of his
argument which I considered prejudicial to the interest of my
clients ; I did so, to protect myself from the responsibility to the
heirs of Kosciusko, which the law imposes upon me as the only
attorney authorized and employed by them. Mr. Bradley took
my protest as an insult to him — and insulted me in the most
violent and unbecoming manner, in open court. It is true that
he was reprimanded for it, but at the same time the court sus
pended further argument in the case, and instituted summary
proceeding against myself; they wrote a decision reprimand
ing me for protesting against Mr. Bradley's argument, and com
manded me to withdraw that protest, and to apologize to Brad
ley. Neither my explanation, that I protested against Mr.
Bradley's argument in the exercise of my right to protect the
interest of my clients — to whom I alone am responsible — even
for what may be done by Mr. Bradley ; he having entered on the
docket in the case, under authority from myself, without their
knowledge or consent. Nor my respectful declaration, that if
the court infers from my protest any intended offence to Mr.
Bradley — so far as-the court infers such offence — I disavow it,
with an express declaration that I protested against Mr. Brad
ley's argument without any intention to offend him, but merely
in the exercise of my duly as attorney, and to secure myself
from the responsibility aforesaid ; none of these explanations,
presented to the court with all due deference, were accepted ;
two or three decisions- were written with some modifications, to
force me to withdraw my protest and apologize to Bradley

« unconditionally"— And when with each of them, always with
due respect to the court, I positively refused to comply, the
court requested me to reduce to writing what sort of apology I
would offer — which I did, stating the case in substance as it is
represented here. The court rejected again my apologetic
explanation, and said that they would take the matter under
advisement. Nothing more in the premises has been done up to this time*
but a more serious incident grew out, and sprang from, this most
unwarrantable interference of Mr. de Bodisco, minister from
Russia, with my professional pursuits. The demurrer in Arm
strong's case, which was argued in June as heretofore stated*
was ruled good, and our Bill of Review dismissed with costs
during the October term of the court. In this condition the
Hon. Reverdy Johnson found the case when he became, as
heretofore stated, one of the counsel of the next of kin and heirs at
law of Gen. Kosciusko. He and myself came to the conclusion
to move the Circuit court to rescind the decision ruling the de
murrer, in Armstrong's case, good, and to grant us leave to file
a Supplemental and amended Bill of Review, to hate the cause
re-heard ; and if this should be refused, to appeal. In this stage
of the affair there came to this country, from Russia, Mr. Ladis-
kus Wankowicz, late captain in the Russian army, who is one
of the next of kin of Gen. Kosciusko of the Zolkowski's branch,
for which branch, for reasons heretofore stated, I undertook to
act as attorney, and in which they acquiesced. Whether Capt.
Wankowicz came here pursuant to the order of his government,
or of his own accord, is a question which I leave to the under
standing of this honorable body. I will simply call the attention
of this honorable Congress, to the fact, that Capt. Wankowicz,
on his coming to Washington city, was ordered by Mr. de Bo
disco, minister from Russia, to employ Messrs. Fendall and
Bradley, as his counsel^-which of course he did— -as will more
fully appear from the affidavit hereto annexed and marked Q.
Upon this, Messrs. Fendall and Bradley obtained from Capt. Wan
kowicz an affidavit, that he never employed counsel previous to
his coming to this country, (which is true, for as it has been

gation" made a handle of that affidavit, and attempted to im
peach thereupon my character. They moved the Circuit court
in the name of Capt. Wankowicz,1 for leave to file a Bill in
the nature of a Bill of Review to have Armstrong's case
reheard. And Mr. Bradley, during the argument of that mo
tion, permitted himself to insinuate that I had fraudulently
entered on the Original Bill of Review my name as attorney
of Capt. Wankowicz, and fraudulently induced him and Mr.
Fendall to enter their names as my associates. Of course, I
interrupted him, and instantly refuted this false insinuation —
by referring the court to the articles of my association with
Messrs. Fendall and Bradley, heretofore referred to and marked
D ; to the part of which, printed in italics, I now respectfully
call the attention of this honorable body.
Mr. Bradley, finding himself unable to meet the refutation,
made, in open court — a violent rush at me, manacing and
attempting to strike me, and insulting me in the most unbecom
ing manner; which insult, offered to the court and to myself,
from complacency towards Mr. Bradley, was entirely looked
over by the court. One of the judges turned his face round and
laughed ; another said nothing, and the third, with much reluc
tance, brought himself to utter simply the words " it is very
improper, Mr. Bradley, very improper indeed." After which
he (Mr. Bradley) made a sort of mock apology, and when,
thereupon, I called upon the court to take notice of what he
had done and said, Judge Morsel violently replied, " Mr. Toch-
man, if you say a word more, I will order the marshall to take
you out of the court." My self-respect directed me to leave
the court immediately, which I accordingly did. I then took
into my own hands the protection of my honor, which no man
should surrender to the keeping of the community in which he
lives, when its authorities cannot, or refuse to protect him.
This painful incident has been here alluded to, merely to show
to your honorable body, how deeply has been affected by the
interference of Mr. de Bodisco, Minister from Russia, with my
professional pursuits, even my personal security, the enjoyment
of which the constitution of these United States so solemnly
secures to every citizen of this great republic. Many other
incidents, perhaps graver than any of those already alluded to,
could be mentioned. They are omitted here from charitable

10
regard for others, for I do not apply to your honorable body for
redress for the past. I wish that the past may be forgotten.
It has been referred to here, only to show to your honorable
body, that there is absolute necessity for legislative interference
to prevent the happening of some more painful incident than any
that has yet occurred. This necessity for legislative inter
ference will more forcibly be shown, by the following circum
stance :
It has been already stated that the Hon. Reverdy Johnson
is now one — and the leading counsel of the next of kin of
Gen. Kosciusko. As such, he applied to Mr. de Bodjsco,
Minister from Russia, to transmit to him certain papers which
he had placed in the hands of Mr. Fendall, and which, as the
exhibits heretofore referred to and marked A. B. show, he was
requested, by our clients, to deliver up to their cousin, Mr.
Ignatius Chutkowski, who was directed to transmit them to
myself. Mr. de Bodisco refused to comply with the request of
the Hon. Reverdy Johnson, still assuming to claim for the
Imperial Russian Legation — and the counsellors employed by it,
the management of the business of the next of kin of Gen. Kos
ciusko, who are legally represented in this country by no body-
else but by the Hon. Reverdy Johnson and myself. The cor
respondence alluded to, is in the hands of the Hon. Reverdy
Johnson. It is then evident that, besides the cases of the next
of kin of Gen. Kosciusko, depending in the Circuit court for
the District of Columbia, many new, delicate and grave ques
tions may arise. To avoid then for the future, the unpleasant
position of the Honorable the Circuit court for the District of
Columbia, as well as of myself, in which the circumstances of
the past have placed us ; and to secure thereby to the next of
kin and heirs at law of Gen. Thadeus Kosciusko, a speedy
termination of the nearly thirty years' litigation; which, also,
seems to require some consideration at the hands of your honor
able body ; I respectfully beg this honorable congress, in the
name of my clients and my own, to pass an act
Giving to the Circuit court of the United States, for tho Ath

11
of Columbia, and of all such cases concerning said estate as may
hereafter be commenced, in which the next of kin and heirs at
law of said Gen. Thadeus Kosciusko, or the administrator of his
estate, are, or may be hereafter, either plaintiffs, or complainants,
or defendants ; commanding said Circuit court, for the District
of Columbia, to transmit to said 4th Circuit court of the United
States, all the papers of the cases in which said next of kin and
heirs at law of Gen. Thadeus Kosciusko, and the administrator
of Kosciusko's estate, are either plaintiffs, or complainants, or
defendants ; and vesting in said 4th Circuit court of the United
States, the appellate power, now belonging to the Circuit court
of the District of Columbia, from all the decrees and decisions
of the Orphans' court for the District of Columbia, in which
said next of kin and heirs at law of Gen. Thadeus Kosciusko,
or the administrator of Kosciusko's estate, are, or may hereafter
he, complainants or defendants.
I also pray your honorable body, to give jurisdiction to said
4th Circuit court of the United States of all cases, at law and in
equity, in which I myself, personally, am, or may hereafter be,
either a plaintiff, or complainant, or defendant, in the District of
Columbia ; and to command the Circuit court for the District of
Columbia, to transmit to the said 4th Circuit court of the United
States the papers, in such cases depending in said Circuit court
of the District of Columbia, as I am personally interested in,
either as plaintiff, complainant, or defendant.
And, I further, respectfully, pray your honorable body, to
take such measures to restrain Mr. de Bodisco, Minister from
Russia, from interfering with my professional pursuits in this
country — as, in the wisdom of your honorable body, may seem to
he consistent with the honor of the sovereignty of these United
States offended, by his attempt to visit upon one of its citizens,
the penal laws of a foreign country — for alleged political offences
against that foreign country ; and, as the policy of these United
States, represented by your honorable body, may require and
admit. With the highest respect and consideration,
I have the honor to subscribe myself,
Your most obedient servant,
Gaspard Tochman.
December 6, 1847.

CHARTER.
AN ACT TO INCORPORATE THE
POLISH SLAVONIAN LITERARY ASSOCIATION,
IN THE STATE OP NEW YORK.
Passed March 26, 1846, by a Two-third Vote.
The People of the State of New-York, represented in Senate
and Assembly, do enact as follows :
§ 1. Major Gaspard Tochman of Poland, now Counsellor at
Law, of the Bar of this State, and of the Supreme Court of the
United States, and associated with him William H. Seward, also
Counsellor at Law — formerly Governor, George Folsom, Senator,
and Samuel J. Tilden, member of the Assembly of this State;
John Davis, of Massachusetts; William Upham and Samuel
S. Phelps, of Vermont; John McPherson Berrien, of Georgia;
William S. Archer, of Virginia; Albert C. Greene and James F.
Simmons, of Rhode Island ; Jacob W. Miller and William L.
Dayton, of New Jersey; George Evans, of Maine; Willie P.
Mangum, of North Carolina; Reverdy Johnson and James A.
Pearce, of Maryland; Thomas Corwin, of Ohio; John J. Crit
tenden, of Kentucky ; Spencer Jarnagin, of Tennessee — Senators
of the United States in Congress ;
John DeMott, Albert Smith, Elias B. Holmes, Erastus D.
Culver, Washington Hunt, Hugh White, Abner Lewis, R. P.
Herrick, Horace Wheaton, of this State; Andrew Trumbo,
John H. McHenry, William P. Thomasson, of Kentucky ; Ben
jamin Thompson, Julius Rockwell, Daniel P. King, Charles
Hudson, and George Ashman, of Massachusetts; Columbus
Delano, Samuel F. Vinton, Joseph M. Root, Daniel R. Tilden,
and Joshua R. Giddings, of Ohio ; John Runk, George Sykes,
and Joseph Edsall, of New Jersey; Alfred Dockery, of North
Carolina; George P. Marsh, and Jacob Collamer, of Vermont;
John R. Rockwell, and Samuel D. Hubbard, of Connecticut;
Robert Toombs, of Georgia; Alexander Ramsey, Richard Brod-
head, and James Pollock, of Pennsylvania; Bannon G. Thibo-
daux of Louisiana; John S. Pendleton, of Virginia; Luther
Severance and Robert F. Dunlap, of Maine; Henry Y. Cranston
and L. H. Arnold, of Rhode Island; Edward Long, of Mary
land — all Members of the House of Representatives of the
United States, in Congress;

13
Theodore Frelinghuysen, LL.D., Chancellor, and James Tall-
madge, President of the University of New York ; Josiah
Quincy, LL. D., late President, and Jared Sparks, LL. D.,
Professor, of Harvard University; Nathaniel F. Moore, LL. D.,
President of Columbia College; Professor Joseph G. Cogswell,
of New-York;
Samuel A. McCoskry, Bishop of Michigan : Rev. G. T. Bedell,
of the Episcopal Church, of New-York ; John McCloskey, Bishop
co adjutor, and Charles Constantine Pise, D. D., of the Roman
Catholic Church, of New-York; Thomas H. Skinner, D. D., of
New-York, and W. B. Sprague, D. D., of Albany, of the Pres
byterian Church; Rev. Henry W. Bellows, of the Unitarian
Church; Rev. Edwin Holt, and William R. Williams, D. D.,
of the Baptist Church ;
William F. Havemeyer, Mayor of the City of New-York;
Josiah Quincy, jr., Mayor of the City of Boston, in the State of
Massachusetts ;
Greene C. Bronson, Chief Justice, and W. P. Hallet, Clerk
of the Supreme Court of this State ; John Van Buren, Attorney
General of this State; Benjamin F. Butler, District Attorney of
the United States ; W. T. McCoun, Vice Chancellor, and Lewis
H. Sandford, Assistant Vice Chancellor of this State ;
Daniel Lord, Daniel D. Lord, James S. Sandford, J. Prescott
Hall, W. B. Lawrence, David P. Hall, Jonathan Miller, Thomas
W. Tucker, Samuel A. Crapo, W. M. Evarts, John Jay, Charles
E. Butler, O. H. Piatt, Morris Franklin, E. P. Hurlburt, John
Bigelow, Edward Sandford, M. R. Zabriskie, D. L. White,
J. L. White, Mortimer Porter, Stephen P.Nash, T. W. Walker,
Francis H. Upton, Ralph Lockwood, Edwin W. Stoughton,
Edwin Burr, D. E. Wheeler; Alexander S. Johnson, H. S.
Dodge, C. Van Santvoord, Richard H. Bowne, John P. Crosby,
John H. Magher, Augustus Schell, John Slosson, Stephen Cam-
breleng, John H. Lee, William Van Wyck — of the City and
State of New-York; T. Parkin Scott, of Baltimore, in the State
of Maryland; James Page and George W. Page of Philadelphia,
in the State of Pennsylvania ; John Pickering, Richard Robins,
and George Snelling, of Boston, in the State of Massachusetts —
all Counsellors at Law ;
J. J. Astor, Edward Treadwell, G. H. Striker, Alfred G.
Jones, W. Woodbridge Hudson, and Livingston K. Miller — all
Attorneys at Law in City and State of New-York;
Richard S. Smith, President of the Union Insurance Company
of Philadelphia, in the State of Pennsylvania, and Henry Bohlen,
of the City and State last aforesaid ; Dr. Samuel G. Howe, Amos
Lawrence, and Charles Lyman, of Boston, in the State of Mas
sachusetts ;
F. C. Tucker, President of the Leather Manufacturer's Bank ;
Jas. Gallatin, President of the National Bank; Shepherd Knapp,
President of the Mechanic's Bank; Reuben Withers, Cashier of
*Vie TlaTilr of trip Statp nf "Mew-Vork : Preserver! Fish. President

14
of the Tradesmen's Bank ; George Newbold, President of the
Bank of America ; J. Oothout, President of the Bank of New-
York, John A. Stevens, President of the Bank of Commerce, and
George Curtis, Cashier of the same Bank; D. Leavitt, President
of the. Bank of Exchange, and John I. Fisk, Cashier of the same
Bank; Robert L. Patterson, President of the Mutual Benefit
Life Insurance Company; James G. King and Samuel Ward,
Bankers; Philip R. Kearnv, Secretary of the New-York Life
Insurance Company — all of the Citv and State "of New-York;
Joseph R. Chandler, Proprietor and Editor of the Philadelphia
United States Gazette; James W. Webb and Charles King,
Proprietors and Editors of the Courier and Inquirer, of New
York; John H. Guion, Publisher of the Morning News, of New
York; Theodore Dwight, Proprietor, and W. B. Townsend,
Editor of the New York Express; Francis Hall, Proprietor and
Editor of the New York Commercial Advertiser; Nathan Hale,
Proprietor and Editor of the Boston Daily Advertiser; W. C.
Bryant, Proprietor and Editor of the New York Evening Post;
John L. O'Sullivan, Proprietor and Editor, Thomas P. Kettell,
and 0. C. Gardner, Editors of the Democratic Review* John
Allen, Proprietor, and L. Gaylord Clark, Editor of the Knicker
bocker ; Horace Greeley, Editor and Proprietor of the New York
Tribune ;
Ge.n. John Wilson, of Missouri; Col. James Monroe, R.
Watts, jr., M.D., H. J. Raymond, Fitz, Greene Halleck, the
Poet, E. F. Foresty, Wm. Douglass, Vanbrugh Livingston,
Campbell B. White, Isaac T. Smith, Elijah F. Purdy, James
Connor, J. D. Fowler, Jacob A. Westervelt, Anson Livingston,
John Cotton Smith, W. E. Whiting, J. W. Bogart— all of the
City and State of New York;
And all such Persons as they shall at any time hereafter asso
ciate with themselves, are hereby created a body corporate by
the name of the " Polish Slavonian Literary Association in the
State of New York," for the purpose of collecting a Library,
and promoting the diffusion of knowledge of the History, Science
and Literature of the nations of the Slavonian race — giving
Lectures, and publishing tracts and a journal in the English and
such foreign languages as the Corporation shall deem proper.
§ 2. To meet the exigencies of the purposes for which this
Corporation is created, it shall have the power of holding real
and personal property to the amount of two hundred and fifty
thousand dollars, which is to be acquired by subscriptions, gifts,
donations, assignments, devises, and by purchase.
§ 3. The executive department of the Corporatian shall consist
of a President, two Vice Presidents, a Corresponding Secretary,
a Recording Secretary, one Librarian, one Treasurer, and a

15
§ 4. The officers enumerated in the preceding section shall be
chosen annually, on the 29th day of November, by a plurality
of votes of the members who shall be present at such annual
meeting. And if such meeting shall not be holden on that day,
then on such other day as the President, or in his absence the
Acting Vice President, shall appoint.
§ 5. The vacancies which may take place between the annual
elections shall be filled by commissions to be issued by the Pres
ident, and in his absence, by the acting Vice Presiderit, with the
advice of the Board of Directors. And the officers thus ap
pointed shall continue in office until others in their stead be
elected at the next annual meeting of the Corporation.
§ 6. The Corporation shall have the power of making such
By-Laws and regulations as they shall judge proper, for regu
lating further their annual and other periodical Meetings ; for
prescribing the duties of the respective officers, and the mode of
discharging them; for admission of new members, and the mode
of suspending or expelling such officers and members as the
safety and honor of the Corporation may require ; and for all
other business calculated to promote the object and purposes of
the Corporation. But it is expressly provided that no By-Law
shall pass nor be changed unless the meeting shall be attended
by a majority of members of the Association, or at least by two-
thirds of those residing in the City of New-York. The mem
bers residing in the other States may send their votes in writing,
if they choose to do so, which shall be counted with the votes of
the members present at the meeting.
§ 7. Right Rev. Bishop McCoskry, George Folsom, Senator,
William F. Havemeyer, Mayor of the City of New-York, Major
G. Tochman, or either two of them, are authorized to invite
seven members of the Association to form with them a committee,
whose duty shall be to draw the first By-Laws, and to submit
them to the decision of the Corporation, at a Meeting which the
said Committee shall call as soon as they prepare the By-Laws.
This Meeting shall also elect the Officers of the Corporation for
the current year.
§ 8. No debt shall be contracted by the said Corporation, ex
cept for the purchase of Books, for printing, and rent of rooms;
and the whole amount of its debts, shall at no time exceed two
thousand dollars.
. § 9. The said Corporation shall further possess all general
powers, and be subjected to all restrictions and liabilities pre
scribed by the third Title of the Eighteenth Chapter of the First
Part of the Revised Statutes of this State.
§ 10. This Act shall take effect immediately.
State of New York, ) I have compared the preceding with the original law on
Secretary's Office, J file in this office, and do certify that the same is a cor
rect transcript therefrom and of the whole of the said
original. N. S. BENTON, Secretary of State.

16
MEMBERS RECEIVED UNDER THE CHARTER.
BROWN, FRANCIS S., Counsellor at Law, - - - New York.
DEVELIN, JOHN E., Counsellor at Law, Member of Assembly,
JONES, SAMUEL, Chief Justice Superior Court, - - "
KALUSSOWSKI, HENRY, Professor, &c. -
PODBIELSKI, JOSEPH, A. M., Professor, &c.
SANFORD, EDWARD, Member of Senate and Counsellor at Law,
SEDGWICK, THEODORE, Counsellor at Law, - "
SOBOLEWSKT, PAUL, - - - Southport, Wisconsin Ter.
THOMAS, LEWIS S., Attorney at Law, .... New York.
WETMORE, PROSPER M., General, &c. - "
WIERZBICKI, FELIX P.M. D.  "
WIGHTMAN, STILLMAN K., Counsellor at Law, - "
Honorary membeis, invited by the first meeting of the Association.
Atwood, J. Member of Parliament, ... London.
David, d'Angers, Sculptor, Institut National, - - Paris.
Beaumont, Thomas Wentworth, late M. P. - London.
Bowring, J. — M. P. - .... «
Burkhart, Charles, Homme de Lettre, Leipzig, Germany.
Brockhaus, T. A. Public Librarian and Publisher, " "
Barthels, Adolph, Homme de Lettre, - - Bruxelles.
Czartoryski, Adam, Prince, President of the Polish
Government during the war of 1830 — 31, Paris.
Carlysle, Thomas,  London.
Chodzko, Leonard, Polish writer, .... Paris.
Devonshire, Duke of, ..... London.
Mr. Ducpetieu,  Bruxelles.
Demidow, Anatole, Count, .... Paris.
Eichhorn, Professor, University Manheim, - - Baden.
M. de Gendebien, late Deputy, .... Bruxelles.
Gaj, Ludenst, Editor and Homme de Lettre, - Illiria.
D' Harcourt, Marquis, ...... parjs.
Huniad, Henry, Count, - - - Presburg, Hungary.
Hallam, Henry, Historian, .... London.
Hanka, Vinceslaus, Professor, University Prague, Bohemia.
Hertzog, Professor, University Jena, - - Saxe Weimar.
Itzstein, Deputy, Baden, - ... Manheim
Jarry de Mancy, Professor, Institut National, - - Paris.
De Lasteyrie, Count, President of the Polish Committee, Paris.
Lelewel, Joachim, Historian, member of the Polish
Government during the war of 1830-31, Bruxelles.
Montalambert, Peer of France, (Count,) - - - Paris.
Palacki, J.  Prague, Bohemia.
Robert, Cyprien, Professor, College de France, - - Paris.
Sutherland, Duke of, ----- London.
Skrzynecki, John, General in Chief of the Polish
Army during the war of 1830-31, Bruxelles.
Stewart, C. Dudley, Lord, - London.

17
DEPOSITIONS

United States of America,
Southern District of New York
City, County and State of New York,

, Us.
•J

Be it remembered, that on this 13th day of September, in the
year of our Lord 1847, I, George W. Morton, a Commissioner,
duly appointed by the Circuit court of the U. S. for the Southern
District of New York, in the Second Circuit, under and by vir
tue of the acts of Congress, entitled, " An act for the more con
venient taking of affidavits, and bail in civil causes, depending
in the courts of the U. S." passed February 20th, 1812, and the
Act of Congress, entitled, An act, in addition to an act entitled,
"An act for the more convenient taking of affidavits and bail in
civil causes depending in the courts of the U. S." passed March
1st, 1817, and the act entitled " An act to establish the judicial
courts of the United States, passed September 24th, 1789, did
call and caused to be and personally appear before me, at my
office at the United States court — in the City of New York, in
the said Southern District of New York, in the .state aforesaid,
Ignatius T. Chutkowski, to testify, and the truth to say, on the
part and behalf of the plaintiff, in a certain suit or matter of con
troversy, now depending and undetermined in the Circuit court
of the U. S. for the District of Columbia, for Washington county,
at Washington city, in the District aforesaid — wherein Gaspard
Tochman is plaintiff and Thomas Ritchie and John P. Heiss, are
defendants. And the said Ignatius T. Chutkowski, being about
the age of thirty-four years, and having been by me first cautioned
and sworn to testify the truth, the whole truth, and nothing but
the truth, in the matter of controversy aforesaid, I did carefully
examine the said Ignatius T. Chutkowski, and he did thereupon
depose, testify and say as follows, viz : That he was born in the
government of Podolia and state of Poland, and resides in the
city of New York, more than 100 miles from Washington city*
District of Columbia, the place of trial of the above cause,
That he has known the plaintiff personally since 1842. I knew
him before that time by reputation as Vice President of the
Polish Council, at Avignon, in France, and as a public lecturer
on Poland and Russia, in this country, which induced me to call
upon him when he visited Washington city, in the District of
Columbia, in 1842, where I was then residing, and it was on
that occasion that I made his personal acquaintance by intro
ducing myself to him as his fellow-countryman.
State what you know in relation to the identity of his person, or
that he is actually the Polish Major G. Tochman, as he represents
himself to be.

IS
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 him the
right of forming that society, and denounced that he was col
lecting donations without authority, under pretext of forming
that society, and that he assumed in this country the rank of
Major. These Poles were then and still are members of a sec
tion of the Polish society of the third of May, whereof I was then
and am still the secretary. Having no reason to believe that the
protest was reasonable, or that the imputations made against Major
Tochman had any foundation, or that he ever collected any do
nations, or subscriptions, I refused to take any part in these pro
ceedings. I even endeavored to deter therefrom those who pro
tested against Major Tochman, but they seemed to have labored
under the impression that Major Tochman had no right to form
that society without previously consulting with them as the mem
bers of the Polish society of the third of May, to which he refused
to belong. They then published several articles against Major
Tochman, and reported their proceedings to the general Polish
society of the third of May, organized and existing in France.
Thjs step of theirs was however greatly disapproved of by the
general society of the third of May : by order of that society and
of Prince Adam Czartoryski, who was the president of the Polish
government during the revolutionary war of 1830, the president
of that society, Colonel Breanski, wrote to the Poles who pro
tested against Major Tochman, reprimanding their conduct in
the premises, and informing them that Major Tochman was
undoubtedly what he represented himself to be: — the nephew of
General-in-Chief of the late Polish army, John Skrzynecki; —
that he was actually a Major in the army; and that he had always
distinguished himself in serving the cause of Poland. This let
ter was addressed to Mr. Kowalewski, who was then presiding
officer of the section of the Polish society of the third of May, in
New York, and who belongs to the number of those who pro
tested against Major Tochman ; and a similar letter was also ad
dressed by Colonel Breanski, to the Reverend Jerzykiewicz,
Polish priest in this city, and both these gentlemen were request
ed, in these letters, in the name of the society and of Prince
Czartoryski, to call a meeting of those persons who protested
against Major Tochman, and to induce them to revoke that pro
test. I read both of these letters ; they were communicated to
me as the secretary of the society, but neither of those eentle-

19
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 Historiqueou 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 which
proves that he must have distinguished himself in the field" of
battle during the struggle against Russia for Polish independence
and liberty. I saw also his name in the list of Polish exiles,
whose property had been confiscated, by the Russian Govern
ment. This list is published in a book entitled, " La Pologne
dans ses Anciennes Li mites 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.

Unitbd 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 Lord 1847, I, George W. Morton, a Commissioner,
duly appointed by the Circuit court of the United States for the
Southern District of New York, in the second Circuit, under
and by virtue of the Acts of Congress, entitled " An act for the
more convenient taking of affidavits and bail in the civil causes,
depending in the courts of the U. S." passed February 20th,
1812, and the act of Congress, entitled "An act, in addition to
an act entitled ' An act for the more convenient taking of affida
vits and bail in civil causes, depending in the courts of ihe 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 mc, at my office at the United States courts, in the
city of New York, in the said Southern District of New York,
in the state aforesaid, John L. O'Sullivan, to testify and the
truth to say, on the part and behalf of the plaintiff in a certain
suit or matter of controversy, now pending and undetermined in
the Circuit court of the United States, for the District of Colum-
Kln -A.. 1Vnal,ini.fnn OAimfir a + W'» Q hino-f nil r'ltv linA fllA Tlia+fint

20
aforesaid: wherein Gaspard Tochman is plaintiff, and Thomas
Ritchie and John P. Heiss are defendants.
And the said John L. O'Sullivan, being about the age of thirty-
three years, and having been by me first cautioned and sworn to
testify the truth, the whole truth, and nothing but the truth, in
the matter of controversy aforesaid, I did carefully examine the
said John L. O'Sullivan — and he did thereupon depose, testify,
and say as follows, viz : To the first interrogatory he says : That
his residence is in the city of New York. To the second inter
rogatory: that he knows the plaintiff in this cause, having made
his acquaintance in the year 1842, at Albany, on the occasion of
that gentleman's address before the Legislature of New York
on the subject of the wrongs of Poland, the deponent being then
a member of the legislature. That in the fall of 1845 he had the
pleasure of receiving from Major Tochman (volunteered by that
gentleman) two letters of introduction, the one to General
Skrzynecki, the celebrated heroic Commander in Chief of the
Polish Army in the late attempted revolution of Poland, and the
other to Prince Czartoryski, the President of the late Polish
Republic; the former residing in Bruxells, and the latter in
Paris. That the former letter addressed Gen. Skrzynecki as
"Uncle," and was signed with the designation of " Nephew,"
in connection with the signature of Major Tochman, which was
well known to deponent. That the deponent was received with
great kindness and welcome on the introduction of the said
letters ; the most friendly inquiries being made respecting Major
Tochman, and the relations between the writer of them and the
parties to whom they were, addressed, which were implied in the
letters themselves, being fully recognized by the latter in the
most cordial manner; and that Prince Czartoryski, through the
hands of his nephew, Count Ladislas Zamoyski, (who also had
united in expressions of friendly regard for Major Tochman, and
recognition of his zealous and valuable services to the Polish
causej, delivered to the deponent a parcel directed to Major
Tochman, which he duly remitted to that gentleman. J. L. O'Sullivan.
Reduced to writing by the witness, John L. O'Sullivan, on
his examination before me, and signed by him in my presence,
this 14th day of September, 1847.
Geo. W. Morton, U. S. Com. Vertatur.

United States of America, ",
Southern District of New York. '

ss.

I, a Commissioner, dulv annointed bv the Circuit cnnri nf +1i«

21
February 20th, 1812, and the Act of Congress, entitled "An
Ac't, 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 ia the city of New York, more than one hundred miles
from the city of Washington, the place of trial of the above cause.
I further certify, that no notification of the time and place of taking
the said depositions, signed by me, was made out and served ou
the adverse parties, or their attorney or agent, to be present at
the taking of the depositions, and to put interrogatories, if he or
they might think fit, because neither of the defendants, or their
attorney or agent, are within one hundred miles of the city of
New York.^the place of caption or taking of said depositions.
I further certify, that on the 13th and 14th days of September, in
the year of our Lord, 1847, I was attended by plaintiff, Gaspard
Tochman, and by the witnesses, who were of sound mind and
lawful age, and the witnesses were by me first carefully exam
ined and cautioned, and sworn to testify truth, the whole truth,
and nothing but truth, and the deposition was by me -and the
witness reduced to writing in the presence of the witnesses and
from their statements, and, after carefully reading the same to the
witnesses, they subscribed the same in my presence. I have
retained the said deposition in my possession, for the purpose of
sealing up, directing, and depositing in the post office of the city
of New York, the same with my own hands, for the court for
which the same were taken.
And, I do further certify, that I am not of counsel, nor attorney
for either of the parties in the said deposition and caption named,
nor in any way interested in the event of the cause named in the
said caption.
In testimony whereof, I have thereunto set my hand and seal,
this 14th day of September, in the year of our Lord, 1847, and
«f Independence of the United States the seventy-second.
Geo. W. Morton, ls.
C United States Commissioner, duly appointed by the Circuit
? court of the U. S., for the Southern District of New York,
f in ihe second circuit.

United States of America,

Southern District of New York.
I, Alexander Gardiner, Clerk of the Circuit court of the United
States of America, /or the Southern District of New York, second
_:„„..;^ A^ lixi-ahir r.a^V,f%r that T am well .'ir.mi.'iinlpil with tho

22
hand writing of George W. Morton, whose name is subscribed
to the annexed certificate and depositions, and that the signature
to the same is in his proper hand writing. And, I do further
certify, that he was, at ihe 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.<i court, this 14th day of September, in the year of
our Lord, 1847, and of Independence of the
U. S. the seventy-second. Alexander Gardiner.

Copy Test,

Wm. Brent, Clerk.

Genealogical Sketch of the next of kin and heirs at law of Gen.
Thadeus Kosciusko, with some historical notes relating to Gen.
Kosciusko himself.
Louis and Tekla (born Ratomska) Kosciusko, hereditary pro
prietors of the village of Maraszewszczyzna, and purchasers of
the village of Siechnowicze, situated in the former Grand Dutchy
of Lithuania, a part of ancient Poland, were the parents of four
children, to wit: two daughters,
1st. Ann Kosciusko, born the 26th of July, 1741, who was
married to Peter Estko.
2. Catharine Kosciusko, born the 29th of December, 1743,
who was married to Charles Zolkowski.
And of two sons.
3. Josephus Kosciusko, who was born the 23d of February,
1744, and died without issue, in 1789.
4. Thadeus Kosciusko, who was born the 12th of Februarv.
1746. J'
This last mentioned, was the same Thadeus Kosciusko who
served in the American army during the revolutionary war of
these United States. After the treaty of peace was concluded
with England, Kosciusko returned to his native land Poland,
and in 1794 led the Poles, as their General-in-Chief, against
Russia. In this same year, 1794, at the battle of Maciejowice,
he was severely wounded, taken prisoner of war, and carried to
St. Petersburg — where he was incarcerated until the

arrocumri

23
dent of the United States, the fund which has since accumulated
to the sum of more than 50,000 dollars, and is now the object of
the claim of Gen. Kosciusko's next of kin.
After Gen. Kosciusko returned to Europe, he chose France as
the country of his asylum and became domiciliated there. In
1815, when the Congress of the European Monarchs, after the
downfall of Napoleon, was held at Vienna, he went there at the
request of the emperor Alexander to confer with him on the des
tiny of Poland. In 1816, on his way back to France, he stopped
to pay a visit to his friend Mr. Zeltner, at Soleure, in Switzer
land — and there he died in October, 1817, just when he was
about to resume his journey to France — the country of his asy
lum and the domicil. In 1818 his remains were carried back to
Poland and deposited in the sepulchre of the ancient kings of
that country at Cracow.
He died without issue, and his next of kin and heirs at law are :
1st. Estko Branch — Hippolitus Estko, Romanus Estko, and
Louisa Estko (now Louisa Narbutt) who are the grand children
of Gen. Kosciusko's sister Ann, who was married to Peter Estko;
and Mrs. Catharine Estko, who is the mother of Romanus Estko
and of Louisa Estko (now Louisa Narbutt) and represents her
deceased daughter Martina Estko.
2d. Zolkowski Branch — John Zolkowski, Josephus Zolkow-
ski, Ann Zolkowski, Helena Zolkowski, Bregida Zolkowski and
Carolina Zolkowski, who are the children of Gen. Kosciusko's
second sister, Catharine who was married to Charles Zolkowski;
and also her great-grand children ; Hippolitus Wankowicz, and
Landislaus Wankowicz.
G. Tochman.
December 5, 1847.

A
Translation from the Polish.
Siechnowicze, December 24, 1845.
Dear Cousin: We willingly consent to Mr. Tochman being our
attorney, whom you have recommended to us as a gentleman of
honor and integrity. We rely upon you, dear cousin, being fully
convinced that you are incapable of doing any thing which
might be prejudicial to our interest. As to the lawyers, whom
His Excellency, Mr. Bodisco, recommends to us, we have no
confidence in them, as they make propositions which we cannot
accept, they ask from us $500 in advance; it inclines us to the
belief that they are interested persons. I send you, Dear Cousin;
a copy of the letter which His Excellency, Mr. Bodisco, wrote
to me, and also a copy of the official despatch of His Excellency,
Mr. Bodisco, as Ambassador at Washington City, in the United
States of America, to our Foreign Minister, Mr. Nesselrode,

24
in order that the latter might communicate it to us; perhaps it
will be of some use to you, it may be that you will discover the
design of those gentlemen there.* I beg you, my dear cousin,
Ignatius, to inform us what became of the land in Ohio, of which
those gentlemen write to us that it is lost to us, as you will see
it from the papers which I herein enclose to you. It seems to
us that it cannot be so as these gentlemen tell us. We cannot
understand how the land could have been sold before its owner
was found out. As to the debts of Klimkiewicz, if we, lawful
heirs of Kosciusko gain the suit, it will show that Klimkiewicz
was an imposter, and whatever debts he might have contracted,
they cannot bind our fund.
The Ambassador, Mr. Bodisco, says in his letter that we are
bound to remunerate the former lawyers, I do not know why?
They have done nothing, and it is only to your interference that
we are indebted for the delay which was necessary to enable us,
living as we are at so great a distance, to collect the evidence of
our inheritance.
I send you also a copy of the letter which I have written just
now to the Ambassador, begging him to remit the papers to the
Counsel whom you have recommended to us. I write also to
Mr. Tochman, begging him to take under his care our business
and securing to him the remuneration for his legal services which
you promised to him. I think that our word should satisfy him
as to the assurance of his pay, and we hope he will take up our
business, and prosecute it with his usual activity.
We beg you, however, dear cousin, to tell Mr. Tochman, that
he will be entitled to his remuneration when he shall- have gained
our cause.
Should it be necessary to give him a formal power of attorney,
please inform us of it; and as you have also a power of attorney
from us, on the strength of it you will please to authorize him in
the meanwhile to proceed immediately.
You propose to us that we should name another counsel, in the
person of Mr. Bradley. If it is absolutely necessary, we agree
to it; but it would be better if it could be done without him, for
it would be necessary to pay him also — and if we could save
some money by dispensing with his services we should prefer to
offer you a still larger compensation.
As to the business of Miss Elizabeth Mange, we have made
the necessary inquiries, but until now nothing has been accom
plished. Farewell, my dear Ignatius.
Your well wishing cousin,
Catharine Estko.
To Mr. Ignatius Chutkowski.

25

B
Copy of the letter of Mrs. Catharine Estko to Mr. de Bodisco.
Je ne saurais assez exprimer toute ma gratitude pour la bien-
vaillance avee la quelle Votre Excellence daigne s'interresser a
notre affaire — cequi m' encourage de recourir encore a Votre
GrS.ce — Veuillez agieer l'assurance que ses avis me sont de la
plus haute importance — niais 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 sorames
hors d' etat d' envoyer la somme de 500 dollars qu' on nous
demande. Notre cousin, Mr. Chutkowski, nous a donue des
preuves de son devouement et de sa loyaute — il nous recom-
mande pour AvoeatMeur Tochman de New York — et comme il
parait qu' en date du T*ff Mai 1845, de la lettre que j' ai eu 1'
honneur de recevoir de Votre Excellence, les Avocats ne sont
pas encore autorises legalement, conformement a la permission
qui nous a ete donnee precedemment de nommer les Avocats
pour defendre notre cause dans les Tribunaux en Atnerique —
nous desirous donner la preferance a ce dernier — Votre Excel
lence voudre bien m' excuser si j' ose lui faire mon humble de
mande de permettre a ce changement d' avocats, et de vouloir
bien lui faire transmettre par Meur Chutkowski demeurant a
New York — les papiers qui se trouvent entre les mains des an-
ciens Avocats. Que Votre Excellence daigne considerer que
Mr. Fendall et Smiths n' out point fait avances notre affaire, par
consequant je suppose qu'ils n'ont pas le droit d'en reclamer le
payment, &c. &c.
[The aforegoing is taken from the copy which Mrs. Catharine
Estko sent to Mr. Chutkowski in the letter marked A.]
G. T.

C
Translation from the Polish filed in the Orphans Court of the
District of Columbia. Siechnowicze, December 24.
Sir: Our cousin, Ignatius Chutkowski, has recommended you as
a gentleman of honor and integrity, m 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

26
care to send it to you as soon as possible, together with the power
of attorney — and until we do so, please tp consider this letter as
your authority. Please sir, to inform us how our business stands,
and give us your opinion thereof. We place in you full confi
dence and rely upon your integrity.
We recommend ourselves to your care,
Your most obedient servant,
Catharine Estko.
a Monsieur G. Tochman, a New York, True Copy,
Test, E». A. Roach, Regi.
July 9, 1847.

D Memo: 29 Nov. 1845.
The undersigned agree to unite in the prosecution of the
claims of the families of Estko and Zulkowski to the funds left
in this country, in the hands of Mr. Jefferson, by Gen. Thadeus
Kosciusko. We agree in the first place to enter jointly as sureties for the
fees and costs in the several cases depending, or which may be
brought, in the Circuit court respecting the said fund, and to be
equally responsible in the event of any one or more of the said
cases being carried to the Supreme court.
We further agree that out of the compensation which we may
receive, we will, after deducting the said fees and costs, make
some reasonable allowance for the services heretofore rendered
by Mr. Thos. Swann, and by Mr. J. B. H. Smith, respectively,
and the residue to divide equally among ourselves.
We further agree that this arrangement is temporary only, and
that at present there is only an authority from the Estko branch
to pay ten per cent, of the amount recovered ; that Maj. G. Toch
man undertakes to open a correspondence wilh the Zulkowski 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 Der cent, so as to make the

27 E
My Dear Sir:
I have delayed my answers to your letters to
see what view Mr. Bodisco is disposed to take.
He is, as I feared .excessively indignant, and has required Mr.
Fendall either to get through him a power of attorney for himself
and such associate as he, Mr. Fendall, shall name (myself for in
stance,) or to return the papers to him. I see nothing left for us
but one of two courses : either to abandon the case, (for without
the papers we can do nothing,) or to let Mr. Fendall take the
course required by Mri Bodisco, in which event our agreement
will still stand. He is to receive one third, and we, each of us
one third, although it will be impossible that your name can be
put in the power; this must be done by a private agreement be
tween ourselves.
You understand this business thoroughly. The papers, the
only evidence we have, are subject to his control, and must be deliv
ered to him, if he requires it. It is therefore useless for me to en
large upon it — except to add that he seems to have been lately more
excited by some recent occurrence, against you : what it is I
know not, but the effect of it is to make him positively and abso
lutely refuse to recognize any om (particularly you) who does not
receive his authority through the legation.
I have directed a copy of the Intelligencer, containing the
notice in Armstrong's case, to be sent to you. The time has not
been changed. You will see in the reports of the Senate, that I
have at last got the petition before them.
I am very truly, and with great respect.
Your most ob't serv't,
Jos. H. Bradley.
Maj. G. Tochman.
9 January, 1846.
Memo — I have promised to give Mr. Fendall your reply on
Monday, so I beg you will let me hear from you by return mail
and oblige Your ob't serv't, J. H. B.

F Boston, March 12, 1846.
My Dear Sir, — I received a letter from Mrs. Catharine
Estko, requesting me in the name of all the heirs of the Estko's
branch to take charge of their claim — Mr. Chutkowski received
one too, requesting him to take the papers from Mr. Bodisco and
deliver them to me. I enclose here copies of correspondence in

28
reference to this matter, passed between Mrs. Estko and Mr.
Bodisco. From the perusal of this correspondence you will best
learn how this whole affair stands. You will return me these
copies on my arrival in Washington. These letters are not in
answer to my letters of December and January, but to a previous
letter of Mr. Chutkowski. I beg leave of communicating them
to you, that you may know what ground you have to take in
reference to Mr. Bodisco and Mr. Fendall — should this last still
be submissive to Mr. Bodisco's assumptions. I hope that the next
steamer will bring us an answer to my letters, which will make
,us even more independent in our actions.
Having learned in Boston, that Col. Bomford has to stay there
several weeks, I caused to serve upon him the notice — as re
quired by the Act of Congress, enlarging the powers of the Or
phan's Court. I send you the returned original of the same, and
beg you to proceed further in your and my name — should Mr.
Fendall refuse to act conjointly with us. I will be in Washing
ton about the end of this month.
Your most obedient friend and servant,
G. Tochman.
Jos. H. Bradley, Esq.
Washington, D. C.

G
To His Excellency, James K. Polk, President of the United Stales.
Sir: Last October I preferred a petition to your excellency,
praying your protection against Mr. Bodisco's interference with
my professional pursuits in this country. In November, the
Secretary of State, Hon. Buchanan, answered me that, " the case
therein represented is not deemed to be a proper one for the
intervention of this government." I abstained from making any
further representation on the subject, believing that I should be
able to settle, in a private way, the difficulty in which Mr. Bo
disco's interference placed me. This expectation having failed,
I am compelled to renew my complaint.
Vattel, in his law of nations, book II, chap. VIII, § 104, says,
"  We see that every sovereign who has given an
asylum to a foreigner, considers himself no less offended by an
injury done to the latter than he would be by an act of violence
committed on his own subject."
And, treating on foreign ambassadors and ministers, book IV,
chap. VII, §94, he says, "Should an ambassador forget the duties

29
violence against them, the injured subjects are not to seek re
dress from the ordinary magistrates, since the ambassador is
wholly independent of their jurisdiction :  On such occa
sions, therefore, the plaintiffs are to make application to their
sovereign, who demands justice from the ambassador's master,
and, in case of refusal, may order the insolent minister to quit his
dominions." The foregoing principles, deduced from the immutable natural
law — the light of reason and the necessity of self-preservation
of the sovereignty of nations, have been approved of by all the
publicists, and are considered, by the independent nations of the
whole of Christendom, as authorities and guides for settling the
questions which cannot be decided by the existing stipulated or
conventional laws of the respective nations.
Such being the law of nations in the premises, I believe that
I must have not been sufficiently explicit in my first complaint
against Mr. Bodisco, the diplematic representative of the Emperor
of Russia; as I cannot admit that, were it otherwise, your Ex
cellency would have ordered the Secretary of State to answer
me, that the injury which I have suffered from Mr. Bodisco's
interference with my pursuits, "is not deemed to be a proper
one for the intervention of this government." I cannot bring
myself to suppose that, were my complaint well understood, your
Excellency would have refused to protect the rights of an indi
vidual who has taken asylum in, and become an adopted citizen
of these United States.
Starting, then, from this point of view, I beg leave to submit
to your Excellency's reconsideration — that some time in October,
1845, I accepted a power of attorney from Mr. Chutkowski,
cousin and agent of the heirs at law of Gen. Thadeus Kosciusko
of Estko's branch, authorising me, as a member of the bar, to
prosecute their claim to a fund which General Kosciusko left
behind him in this country. This power of attorney has been
subsequently approved of by the heirs themselves — and for reason
that Mr. Bodisco had been previously requested by the heirs
to retain for them a counsel, they notified him of this change of
counsel, and of the reasons thereof — by a letter which Mrs. Estko,
the mother of the heirs, wrote to him in November, 1845. Acting
under that power of attorney, I associated with myself, as counsel,
Messrs. Fendall and Bradley, members of the Washington bar —
by an agreement made in writing on the 29th of November, 1845.
Some weeks after, Mr. Bodisco, assuming to claim some right of
controlling the will and the interest of Kosciusko's heirs — as of
the subjects of his master, insinuated to Messrs. Fendall and
Bradley, that he does not recognize my authority as attorney of
the heirs ; made Mr. Fendall a proposition to draw a copy of a
power of attorney in his and Mr. Bradley's name; and promised
them, to obtain from the heirs, through the medium of his gov
ernment, the approbation thereof — in order to supersede thereby

30
this power of attorney which they gave to me voluntarily and of
their own choice. The details of these facts are stated in a
curious but significant letter which Mr. Bradley had the indis
cretion to write to me on this subject — whereof a copy is hereto
annexed and marked A.* It would be too long a story to describe
what has since passed between Messrs. Fendall, Bradley and
myself. The subject, as far as they are concerned, is now before
the Circuit court for the District of Columbia, and in a few weeks
it will be brought before the public through the court. I will,
therefore, limit myself, at present, to begging your Excellency's
attention — to Mr. Bodisco's own letter, addressed to the Judge
of the Orphan's court — whereof a copy, marked B, is hereto
annexed.t This letter conclusively shows that Mr, Bodisco has
actually interfered with my professional duties — and that his
" cabals and schemes," have actually resulted in disturbing the
quiet, confidence and peace of three citizens, as well as those of
many of their respective friends-1— and are likely to cause much
trouble to many innocent persons abroad. Mr. Bodisco, then,
has departed — in this case — from the duties of his station : nor
can the fact that my clients, the heirs of Gen. Kosciusko — are the
subjects of his master, make his position any better — for, his
character of a diplomatic representative of the Emperor, does
not entitle him to control, in this country, the private causes of
the subjects of Russia. "The prince, therefore, ought not to
interfere in the causes of his subjects in foreign countries," says
Vattel, book II, chap. VII, § 84, sec. 2.J
To permit a foreign minister to interfere in our country
ex officio in private causes of his master's subjects with our citi
zens, would be to put at stake the safety of these last. It would
amount to the submission to a certain extent — of the sovereignty
and independence of the state to a foreign power.
Mr. Bodisco's interference between my clients and myself, is
of the most pernicious character on another account. I am a
Polish political exile. I was driven from my native land in 1831,
and had my property confiscated in 1835 — for having taken up
arms in defence of the liberties and independence of Poland.
And Mr. Bodisco's motives, in molesting me in my professional
pursuits in this country, are altogether political, intended to take
vengeance yet further for my services to the cause of liberty and
of Poland. Will, then, the sovereign people of these United
States and their authorities suffer a foreign minister to use them
as an instrument of his master — by allowing him to molest a
Polish political exile — on their free soil ?
What would the rest of the world say, should those, whose
* See page 27, Exhibit marked E. f See page 38, Exhibit marked O.

31
land of liberty is moistened with Polish blood, assist the oppressor
of Poland — in persecuting her sons — who defended their liberties
and the independence of their native country ?
I need not say how detrimental it would be to the honor of
these United States, should Mf. Bodisco succeed in his scheme;
but I should be wanting to my duty, as an adopted citizen thereof,
as well as to my self-respect, should I not resist his encroachment
to my latest breath. *
Submitting, therefore, to your Excellency's reconsideration,
my just complaint, I beg, most respectfully, your protection
against Mr. Bodisco's further interference between me and my
clients ; by adopting such measures, as the law of nations author
izes — and, as your Excellency shall deem proper and expedient.
It remains to me to add, that my clients have repeatedly
refused to sign the power of attorney concocted to supersede
mine. But I infer from Mr. Bodisco's letter, above referred
to, that he has renewed his cabal by requesting his govern
ment to enforce it. Your Excellency's speedy action in the
premises would, therefore, spare my clients much trouble; and,
I respectfully solicit this favor of your Excellency — for the heirs
at law of the illustrious Kosciusko.
Allow me, sir, the honor of renewing
The assurance of the highest respect,
With which I am, your Excellency's
Most obedient fellow citizen and servant,
G. Tochman.
Washington, D. C, March 19, 1847.

H
Washington, D. C, January 18, 1847.
Sir: After my interview with your Excellency in November,
1845, I made agreement with Messrs. Fendall and Bradley,
whereby we associated and engaged to defend the suits of Est-
kos and Zolkowskis, clahning the fund which Gen. Kosciusko
left in this country. A few days, then, I requested my associates
to beg you, to transmit to the heirs two letters unsealed, inform
ing them of this agreement, and requesting them to secure to us
such allowance for our fees as we thought to be authorized to ask.
These letters had been returned to me with the answer that your
Excellency wished to supersede my power of attorney — and to
this end had sent (or proposed to send) to St. Petersburg a
draught of a power of attorney in the name of Messrs. Fendall
and Bradley, requesting the government of his Majesty, to ob
tain thereto the signatures from the heirs. As this power of attor
ney has not come yet, and the expectation of my associates — and
especially of Mr. Fendall to obtain it, creates a misunderstanding
between the counsel of the heirs ; you will therefore excuse the
Khortv nf eavinu- a few words in relation to this subiect.

32
In 1845, when I came to Washington to take charge of the
claim of the heirs, I found in the Orphan's court, a bond of ad
ministration in the penalty of $56,000 — which Mr. Botnford filed
in 1832, to secure thereby the estate of Gen. Kosciusko. Upon
further examination (a few days altyr the letter which I addressed
to your Excellency on the 23d of November, 1845) I found out
that the sureties to said bond of administration, died insolvent
some years ago. The whole estate, then, for many years was
without the least security; and Messrs. Fendall and Smith — the
former counsel of the heirs, knew nothing thereof. Through my
exertions we have now security for $20,000 — which Mr. Bom-
ford was compelled to file on the 7th day of May, 1846, (the
petition upon which this security was obtained was filed by Mr.
Fendall, but he did it as my associate, and I urged it,)* and we
have secured $5,800 in the Bank of Washington, by injunction
(should be, by notice to the Bank.) And the proceedings are de
pending in the court, to obtain further security for the residue of
the estate — which with the interest for the last two years amounts
to about or over $25,000 more. But this is not all which I have
done for the heirs. Your Excellency is aware that, there were two
Wills of Gen. Kosciusko set up to bar the claim of the heirs. One
of 1798, creating a trust and disposing of the whole fund in behalf
of the negroes — and another of 1806, whereby Gen. Kosciusko be
queathed to Mr. Armstrong a legacy which at this time with the
accumulated interest makes more than $10,000. Messrs. Fen
dall and Smith, whom your Excellency retained as counsel for the
heirs, did not make any step to set aside the Will of 1798; — an
attempt was made by their predecessors, Messrs. Swann and
Sampson, to avoid it on the ground that the trust created thereby
is indefinite: but they were unsuccessful, as the Circuit Court
for the District of Columbia dismissed their bill, in 1831.
The Supreme Court of the United States, in 1833, reversed
the decree of the Circuit court — with the permission to amend
the bill — which they did in 1835 — and the cause was awaiting
for a new trial : but its issue was very uncertain, as the courts of
Chancery have the power to cure the defects of charitable be
quests. This uncertainty is now removed: — a few days after
my interview with your Excellency, I discovered that Gen. Kos
ciusko made and executed another Will in 1816 at Soleure, in
Switzerland — whereby he revoked all the previous Wills, testa
ments and codicils. That Will had been deposited and recorded
at Fontainebleau in France — and its existence was carefully kept
from the knowledge of the heirs for the 29 years past. I made
immediately an application to the French authorities for an au
thenticated copy thereof, and on Friday last we have proved and
recorded it in the Ornhan's court of this District. This nro-

33
to Mr. Armstrong by the decree — the execution of which I stop
ped in November, 1845, are also saved to the heirs. (Bradley
moved the court to stop the execution, but at my request and as
my associate.) And your Excellency will undoubtedly recollect,
that Messrs. Fendall and Smith, gave you an opinion that this
legacy must be paid to Armstrong.
Under my control, then, and through my exertions only, the
right of the heirs is already established to the whole fund. And
had Messrs. Swann and Sampson, and 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.
. 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
therebv mv rights. And the fact that vour Excellencv requested

34
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.
I have taken the liberty of setting forth before your Excellency .
this explanation — frankly and openly — with a sincere desire to
remove, if possible, the difficulties thrown in my way, without
resorting to the measures which could give uneasiness to many
persons — and no advantage to the government of his Majesty.
A mutual understanding and support, in acting on behalf of the
heirs, is very desirable. It could shorten the legal proceedings
and give your Excellency the satisfaction of transmitting to the
heirs their fund — perhaps in the course of this year. If then my
overture is acceptable, I beg your Excellency to inform me there
of, that I may communicate on the subject with you.
With the assurance of the high respect,
I have the honor to be
Your Excellency's most obedient, G. Tochman.
To His Excellency de Bodisco,
Envoy Extraordinary and Minister
Plenipotentiary of Russia. Washington City, Jan. 18, 1847.
I hereby certify that the within and foregoing is a true copy
of a letter this day addressed to Mr. Bodisco, Minister from
Russia — by Maj. G. Tochman, and by me this day deposited in the
Post office in this city. Witness my hand and Notarial Seal —
the day and year above stated.

35
I
Washington, D. C, January 22, 1847.
Sir: In addition to what I stated in my letter of the 18th inst. I
beg leave to inform your Excellency, that last September we filed
in the Orphan's Court a petition praying that Mr. Bomford 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 I found
the estate of Kosciusko, and praying for an order that Mr. Bom
ford be compelled to bring the moneys into court. The court
would not refuse such order — and the consequence thereof would
be that should not Mr. Bomford, comply therewith, his property
would be sequestered and his body taken into custody. Messrs.
Fendall and Bradley were opposed to this measure. One of them
even left the court when I made the motion — but I carried my
plan notwithstanding. This compelled Mr. Bomford to give us
further security, which he filed in the amount of 40,000 dollars
more, after I wrote my last to your Excellency. I have given
then my consent to withdraw the " Bill Quia Timet" — as this ad
ditional security has been filed under this condition — which I
accepted, preferring the security for 40,000 dollars to the body
of Mr. Bomford ******
********
Our sureties are, Messrs. James Carrico and Samuel Slott for
20,000 dollars mentioned in my letter of the 18th inst. and
Messrs. Jacob Gideon and Ulysses Ward for the 40,000 dollars
now secured. I believe that the last two are known to your
Excellency as wealthy men. The son of Mr. Bomford and Mr.
B, Smith are also our sureties— but rather pro forma.
Allow me, sir, to repeat the
assurance of my respect,
Your Excellency's most ob't,
G. Tochman.
To His Excellency de Bodisco,
Envoy Extraordinary and Minister
Plenipotentiary of Russia.

K
Washington, 21st 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
1 1 ¦-_  I  ., A -. ...Ij-U A. II «n*im*» 4-J1 O/lf 1*1 POn>0 P/1 fn i 4- nn — . -.

36
You will not be surprised, then, at this communication, in which
we desire that hereafter no further intercourse shall exist between
you and ourselves, or either of us, and that you will without delay
transmit to Mr. Fendall such of the papers relating to the Kos
ciusko 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. Bradley.

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 f^rom 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, but to bring tlie matter to a position that we
could act under it with more unity and harmony : and if it cannot be
attained, to come to a point that I may defend my rights and honor,
if necessary, in the courts. Please, then, gentlemen, let me
know, whether I have to understand your letter as a notice, as re
quired by our agreement, that you withdraw from further duties of
the co -counsel of the heirs. If you do not answer, I will consider
it so, and file my power of attorney in the court. This, how
ever, would be a painful duty to do, which I wish to avoid and
keep our agreement in full force — if you henceforth consider me
as an associate counsel, and not in the manner you did since you
confederated against me with Mr. Bodisco. I am, &c.
G. Tochman.
Jos. H. Bradley, and
P. R. Fendall, Esqrs.

37 M
Washington, 9.1st January, 1847.
Maj. G. Tochman, *
Sir — We have received your letter of this date, with the
papers which it refers to.
We send herewith the translations you desire, and also a
draft of a petition, or supplemental petition, prepared by you.
Having yourself broken the agreement of the 29th Nov., 1845,
we do not recognize you as any longer entitled to act in the cases
of the heirs of Kosciusko, which we are exclusively authorized
to conduct. There is no other part of your letter requiring an
answer from us. We are, &c. Jos. H. Bradley.
P. R. Fendall.
N
To William Brent, Esq., Clerk Circuit court, S/-c.
Sir: Major G. Tochman is no longer associated with us in the
conduct of the claims of the next of kin of General Kosciusko,
in the various suits now pending in the Circuit court. Our con
fidence having been entirely withdrawn from him by reason of
his own conduct, we notify you that we cannot hereafter be re
sponsible for any costs or fees which may be incurred by him,
nor is he authorized in any manner to interfere with those suits.
He claims to have a power of attorney. We hold the original
documents and authentic proofs, placed in our hands by the
minister from Russia, and we have reason to distrust any and
every act of Major Tochman, and therefore deny his right, under
any pretended authority from any person, to interfere in these
cases. We also file herewith a copy of his letter to Mr. Bodisco,
as the reason of this" act.* Very respectfully, &c.
Jos. fi. Bradley.
P. R. Fendall.
Copy Test, 25th January, 1847.
Wm. Brent, Clerk.

O
Washington, February 15, 1847.
To the Honorable N. P. Cousin, Judge of the Orphan's court.
Sir: At the request of Messrs. Fendall and Bradley, counsellors
employed by the Imperial Russian Legation, in behalf of the next
cf kin of the late Gen. Kosciusko, who inform me that their author
ity has been questioned by an individual claiming to act therein,
* Thia reference is made to mv letter, marked H. see Daee 31. G. T.

38
under some pretended authority from the Estko family, I consider
it due to the two counsellors to state to you the relation held by
the Imperial Legation towards that family.
As far back as the year 1818 the Estko family applied to the
Imperial government for its aid in procuring information in re
gard to the property left by Gen. Kosciusko in this country, and
in vindicating their claim to his succession as his next of kin and
heirs. A correspondence was at that time opened with Mr.
Poletica, by Prince Zajonczek, Vice-Roy of Poland, and by Mr.
Poletica with Mr. Jefferson, which resulted in the discovery of
the paper of 1798 deposited by the General in the hands of Mr.
Jefferson, and of the amount of the accumulated fund referred to
in that paper. This fact having been communicated by the Impe
rial government to the Estko family, full powers were transmit
ted to the Baron de Thuye, the successor of Mr. Poletica, and
the papers then thought necessary to establish their claims, were
also forwarded to him. Baron de Thuye employed Mr. Swann,
late counsellor of law, to prosecute their claims, and he retained
the late counsellor Sampson to assist him.
The Imperial Legation is not fully advised of the various
causes, which delayed the final adjudication of the claims during
the life of Mr. Swann, who survived Mr. Sampson, but during
his life he continued to derive all his authority from and through
the Imperial Legation, and the Estkojfamily, by correspondence
recognized the Legation as fully empowered to act in the matter.
Mr. Swann having died without bringing the affair to a final
issue, I employed Mr. Fendall and Mr. Bayard Smith conjointly
with him to supply the place of Messrs. Swann and Sampson,
and vested in them full authority to act in every respect as at
torneys and counsellors of the Estko family. For a long time,
as I was informed, the affair was delayed because certain rules
requiring security for costs in the court could not be complied
with ; some necessary papers which had been transmitted through
the Imperial Legation, to be executed under the sanction of the
Imperial government were, from some cause delayed, and certain
documentary evidences necessary to sustain the claims of the heirs
had not been received. In this state of affairs, I received from Rus
sia some authenticated documents concerning the Genealogy of
the Kosciusko family. These documents appeared to me entirely
sufficient to establish clearly the undisputed right of the claimants
to the inheritance, and I placed them without delay in the hands
of Messrs. Fendall and Bayard Smith. Soon after this communi
cation Mr. Bayard Smith expressed the desire to retire from the
case, and with my full consent Mr. Fendall associated with him
Mr. Bradley for the prosecution of this business. An arrange
ment was made hv them to comnlv with the rule of court and to

39
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 one moment, that they should forget themselves so far
as to trifle with their own government ? 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.*
Desirous of furnishing to you, sir, all the information necessary
to enable you to form a clear and impartial opinion in this case,
/ consider it as an act of kindness towards the Estkos family, to
protest against any pretended authority, in any other person, to in
terfere in this affair without my formal consent. I shall, by the
earliest means of communication, report the attempt made to inter
fere with my authorization, requesting the Imperial Government to
inform me if any change has taken place in the position of this
affair. In the mean time, I would beg to request that no action,
not necessary to the preservation of the property of the estate, shall
be had, nor any thing done, which is not sanctioned by the coun
sellors employed by the Imperial Legation.
Receive, sir, the assurance of
My high esteem and consideration, A. de Bodisco.
District of Columbia, ?
Washington County, to wit : y
I certify, that the aforegoing is a true copy from the original,
filed in the office of the Register of Wills, for Washington county,
aforesaid. ("Witness my hand and seal of office, this 12th day of
seal. \ April, in the year 1847.
(_ Ed. N. Roach, Register of Wills.

40

To the Honorable the Judges of the Circuit Court of the
District of Columbia.
The undersigned, in performance of his duty, as attorney and
counsel of the next of kin of Gen. Thadeus Kosciusko of Estkos
branch, renews his motion — that the names of Messrs, Fendall
and Bradley be stricken out of the docket in all the cases of said
Estkos branch ; in other words — that they be not permitted to
appear for the heirs in any of the said cases — for want of
authority. In support of this motion, the undersigned refers your honors
first, to the power of attorney which said Estkos branch executed
in behalf of their cousin, Ignatius T. Chutkowski, on the 6th
day of March, 1843. Secondly, to the letter of the same date
accompanying said power of attorney, filed in this court. And,
thirdly, to the letter of Hyppolitus Estko to said Ignatius Chut
kowski, dated 15th of July, 1844 — also filed in this court.
He further refers your honors, fourthly, to the power of
attorney which said Ignatius T. Chutkowski executed in behalf,
of the undersigned on the 18th of October, 1845. And, fifthly,
to two letters from Mrs. Catharine Estko, one of which is
addressed to said Ignatius T. Chutkowski — and dated December
24, 1845 — and another of the same date, to the undersigned —
which two letters prove that the Estkos branch approved the
power of attorney of the undersigned, and positively rejected the
counsel recommended to them — by the Russian Minister, Mr. de
Bodisco: all which will more fully appear from said power of
attorney and the letters — filed in this court — which the under
signed prays may be considered with the letter from Mr. Chut
kowski to the undersigned, dated 12th of February, 1847, also
filed in this court.
The undersigned further shows to your honors — that Messrs.
Fendall and Bradley have never been retained or employed as
counsel, by any of the heirs of Gen. Kosciusko ; that their names
were entered on the docket in the cases of Estkos and others —
pending in this court, merely in virtue of the agreement of the
29th of November, 1845, filed in this court, whereby the under
signed associated himself with them — in order to have their aid
and assistance in performing his duty towards his clients;
that this agreement has been rescinded by Messrs. Fendall
and Bradley, who chose to claim their authority as attorneys of
the heirs, under and from Mr. de Bodisco, the Russian Minister;
all which will more fully appear from the correspondence between
Messrs. Fendall, Bradley and the undersigned — filed in this
Court — anrl alsn frnm thp nntir.e whirh said Fendall and Tiradlpv

41
was a contract between Messrs. Fendall, Bradley and the under
signed — and it can in no way bind the heirs of Kosciusko, who
were not parties thereto, and never approved it; that the power
of attorney of the undersigned is a personal trust and confidence
which his clients, the heirs of Gen. Kosciusko, reposed in the
undersigned.; that the undersigned could not and did not transfer
to Messrs. Fendall and Bradley the trust and confidence for
which the undersigned alone is responsible to the heirs; that it
is the established rule of the law that " Delegatus non potest
delegare," (2 Kent, page 633, second edition, Law Reporter,
1842. Attorney; Johnson v Cunningham. I Alabama 249),
that although the Estkos branch, in the power of attorney which
they executed in behalf of Mr. Chutkowski, authorized him to
delegate the confidence and trust reposed in him — to such per
son or persons as he may choose — which he did in behalf of the
undersigned ; this same power has not been and is not invested
in the undersigned; it serves exclusively to Mr. Chutkowski,
the cousin of the heirs, and he had no right to delegate to the
undersigned " the exercise of his judgment and discretion in the
premises, so as to bind thereby the heirs, his principals, (Liver-
more on the Law of Principal and Agent, vol. I, pages 54, 64,)
— the insinuation, therefore, that Messrs. Fendall and Bradley,
by virtue of the agreement made with the undersigned, became
the attorneys of the heirs, is altogether inconsistent with the
principles of positive law, aforesaid: they were no more than
the associates of the undersigned, and, with the dissolution of this
association, their right of interfering with any of the cases of the
clients of the undersigned, completely ceased.
As to the claims of Messrs. Fendall and Bradley of some
power under the authority from the Russian minister, Mr. Bo
disco ; the undersigned says, that a foreign minister has no right
to interfere in the private causes of the subjects of his master,
in any foreign country, ( Vattel's new edition of Law of Nations,
pages 165, 166, § 84, and 172, 173, note iii to § 104, and Bacon's
Abridg., I vol. 216, American edition); the attempt of Mr. Bo
disco to interfere with the professional pursuits of the under
signed, is an insult to the sovereignty of these United States,
and should be rebuked at the porch of the judiciary, before
which it has been brought through the instrumentality of Messrs.
Fendall and Bradley.
G. Tochman.

Be it remembered, that on this third day of November, 1847, be
fore me the subscriber, a Justice of the Peace of the State of
Maryland, in and for the City of Baltimore, personally appeared
Major Gaspard Tochman, who after being duly sworn and ac-
„„„a;„~ tr. law saps: that he is a native of Poland. — took an

42
against Russia in 1830 — and for having done so, was exiled from
Poland in 1831, and had his property confiscated by the grasping
power of the Autocrat in 1835. In 1832 this affiant came, as
exile to France, where he was elected by his fellow-countrymen,
Vice-President of the Polish Council at Avignon, and held the
office of that station until 1834, when he went to Paris. About
the end of 1836 he left France for England, and in 1837 he came
to this country and made himself known to the public of these
United States, as a lecturer on the policy of Russia and the wrongs
and sufferings of his native land, Poland. In 1843 he became a
naturalized citizen of these United States, and in 1845 he was
admitted to practice law in various Courts of the United States
and in the city and state of New York, where he resides. This
affiant further says : that soon after he commenced to practice
law, to wit: about the end of the year 1845, the next of kin of
General Thadeus Kosciusko of Estko branch, who all reside in
Poland and Russia, retained him as attorney and counsel to re
cover their moiety of the property which their kinsman said Gen.
Kosciusko left in this country, and which they claimed and liti
gated without any success since the year 1821 or 1823. And
this affiant further says, that on his coming to Washington City,
to take charge of the business of his clients said Estkos, he found
out that the other branch of the next of kin of said Kosciusko,
the Zolkowski branch, entitled to the second moiety of said pro
perty, had no attorney nor counsel in this country — he, this affiant
therefore, as their former countryman undertook to take charge,
and did take charge of their right to, and interest in the estate, and
notified them of it by a letter addressed to their relative and cor
respondent, a certain Mr. Adam Bychowiec, living in Russia, in
the government of Grodono, who is an assignee or purchaser of
some portions of the moiety of the estate casting upon said Zolkow-
skis branch. This affiant further says, that although he has an ex
press, and he believes, an irrevocable power of attorney from the
Estkos branch, and although the Zolkowskis 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 time in February, 1846,
forwarded to St. Petersburg in Russia, a power of attorney pre
pared in the name of two lawyers of the Washington bar, (with
whom this affiant had associated himself as counsel of the next of

43
this affiant further. says, that he, said Mr. de Bodisco, minister
from Russia, having failed in obtaining the signatures of the next
of kin of said Thadeus Kosciusko to the power of attorney in
tended to supersede that of this affiant as aforesaid, undertook to
put at naught this affiant's right and power of attorney, by enlist
ing the two lawyers whom this affiant associated with himself as
aforesaid, to contest the power of attorney of this affiant, under
pretended authority from him said Mr. de Bodisco, minister from
Russia, and in the meantime, he, said Bodisco, renewed his effort
to obtain from the next of kin of said Kosciusko a power of at
torney aforesaid, in behalf of the two lawyers employed by him
self to accomplish his political vengeance aforesaid. This affiant
further says, that in this stage of this affair came to the City of
Washington from Russia, Ladislaus Wankowski, late Captain in
the Russian army, who is a grand-grandson of one of the sisters
of Gen. Kosciusko, and is entitled in his own right to one twenty-
eighth part of the estate of said Kosciusko, casting upon him
through his father, and to one fifty-sixth part of said estate which
he takes as legacy from his uncle Josephus Zolkowski. And to
whom said Adam Bychowiec, and a certain Mr. Szyrma, both
purchasers of certain small portions of the estate, gave a power of
attorney to recover their said portions: None of the actual heirs
or next of kin of said Kosciusko, not even own brother of said
Captain Wankowicz, joined said Bychowiec and Szyrma in giving
said power of attorney to said Ladislaus Wankowicz, Captain in
the Russian army. This affiant further says, that the law of
Russia forbids the Russian subjects to have any interview with
the Polish political exil.es, without the permission of that govern
ment, even abroad in foreign countries: — he, this affiant does not
undertake to say whether said Captain Wankowicz obtained from
his government leave to see this affiant as attorney and counsel,
but he has reason to believe, and does really believe, that said
Capt. Wankowicz, on his coming to the City of Washington,
some time during the last week, made such an application to said
Mr. de Bodisco, minister from Russia, who at first granted said
Captain Wankowicz the permission of having interviews with this
affiant, and two days after revoked it, and forbade him to see this
affiant anymore; which order, of course Capt. Wankowicz must
obey, for otherwise he might be sent to Siberia on his return
home. This affiant further says, that during the interview, which
said Capt. Wankowicz had with this affiant in virtue of the afore
said permission from Mr. de Bodisco, minister from Russia, he
said affiant, learned from said Capt. Wankowicz that, said Mr. de
Bodisco ordered him to employ as his counsel, those two lawyers
for whom he failed to obtain the power of attorney — from other
next of kin of said Kosciusko, intended to supersede the power
of attorney of this affiant as aforesaid. And this affiant further
says, that he advised said Capt. Wankowicz to comply with said
order of said Bodisco, having reason to believe and really believing
that, should said Capt. Wankowicz refuse to employ these twe

44
lawyers, as said Bodisco, minister from Russia directed him, he,
said Capt. Wankowicz, might be severely punished on his return
to Russia. This affiant further says, that on the occasion of said
interview, Capt. Wankowicz communicated to this affiant a let
ter written in the Polish language, dated Paris, January, 1847,
and signed " Terlecki," addressed to a certain Mr. Szyrma, who
has a certain interest in the estate of Kosciusko as a legatee or
purchaser of a certain small portion, — in which letter said Terlecki
informs said Szyrma, that he, said Terlecki, is in communication
with some lawyers in the United States; that he proposes to
sail from France for the United States in a very short time; and
thereupon he, said Terlecki, requests said Szyrma and the next
of kin of Thadeus Kosciusko, to execute to him, said Terlecki, a
power of attorney to recover the property which Gen. Kosciusko
left in this country; and for his services he asks said Szyrma
and the next of kin of said Kosciusko, to assign to him, said
Terlecki, one half of the estate. This affiant further says, that
he has reason to believe and does really believe that, the said let
ter has been made use of to connect the affiant with said Ter
lecki, in the proposition which said Terlecki, made to the heirs or
next of kin of said Kosciusko. This affiant therefore expressly
and solemnly says and declares, that he does not know said
Terlecki, never saw him, had no communication with him, neither
directly nor indirectly, in this nor in any other business what
ever; that therefore the charge of some connection of this affiant
with said Terlecki is a cabal; an attempt to impeach the good
name of this affiant. This affiant further says, that the law being
too slow to protect his right and good name, against these politi
cal machinations of said Bodisco, minister from Russia, he, said
affiant makes this affidavit under the solemnity of his oath, for
the purpose of setting forth before his fellow-citizens of these
United States, the actual position of this affair ; which he does
in the exercise of his right to use preventive measures in self-de
fence, to avert the injury to which the unrelenting persecution
aforesaid, could expose him — before he can legally be protected
by the Congress of these United States.
Sworn before ) Gaspard Tochman.

William Warfield

.!

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