The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-08-28

beg the lberality OF your columns Tor the enclosed
documents relating to this subject. | hope that
you and other editors of the public press will not
refuse this assistance to the heirs of Kosciasko,
whose memory is, ! know, deeply rooted in the
bosom of the American People in general.
With great regard,
your most obedient servant,
G. ToCHMAN.
attorney Of the hairs of Gen. KOSciuScO
LETTER TO THE PRESIDENT.
Sir In November Is45, the heirs Of General
Kosciusko, residing in Lithuania and Poland,
under the Government of Russia, engaged my le-
gal services to prosecute their claims to the estate
which General Koscusko left in this country.
Shortly after that date, Mr.. de Bodisco, min
lister from Russia interfered and attempted to
force the heirs of General Kosciusko, through
the medium of subordinate authorities of the Gov
eminent of his Majesty the Emperor Of Russia, to
execute a new power of attorney exclusively in
the name of Joseph H. Bradley and Philip r.
Fendsll, members of the Washington bar, whom
! had associated with myself to prosecute the
claim of the heirs.
MIR de Bodisco succeeded in extoripg this new
power of attorney from some heirSresiding in
Lithusna, and for a while my original authority
from Mrs Catherine Estko the mother Of Roman
E-tkO- h0r saO aud Mrs, Louisa Narbut, born
Estko, her daughter was superseded, whlon
caused great delay in the legal proceedings, and
=, q; - i-l'c-- u 80 sg77s IF aba o.
tate of General Kosciusko to convey their proper
ty to sundry persons in order to defraud the
heirs
This interference of Mr.. de Bodisco between
my clients and myself being attempted under
the pretex that he received instructions from his
Government to supersede my authority, because
have been, for political offences against Russia,
disqualified by the laws of that country from
transacting any business for the Russian subjects,
il naturally gave place to a controversy which &C.
cupied all departments of this Government, legis-
lative judicial, and executive. In the course of
this controversy it has been found out that Mr..
de Bodisco never had from his Government such
instructions as would authorize this iDjudicious
and illegal interference with my professional pur-
suit in this country. 1t appears that be acted in
the premises contrary to the orders which were
given to his predecessor Baron de Thuye, by
his Majesty Alexander |, Emperor of Russia d.
recting Baron de Thuye to hand the family docu-
ments Of the heirs to such counsel as they may
choose, and never to interfere in any way with
their legal proceedings. But, whatever might
have been Mr.. de Bodisco's instructions in this
respect, during the 3lst Congress, the following
resolutions were introduced into the Senate Of
the United States:
" Resolped, That no penal law of foreign coun
try, for alleged political offences can, or ought to
be enforced, directly, or indirectly, within the
United States; and that it is the duty Of the Ex-
ecutive of this Government to protect citizens Of
the United States against any attempt of foreign
powers, or their diplomatic representatives, to in
terfere with the private pursuits, rights, or priv-
leges of such citizens, for the purpose Of visiting
upon them the effect of such foreign penal laws.
Resolved, That the Secretary Of State be d.
rected to communicate the foregoing resolution to
the diplomatic agents of all foreign powers hav-
ing such agents accredited to this Government ;
and that he be also directed to inform his Majes-
ty the Emperor Of Russia, that this Government
disapproves Of the attempt Of the Hon. Alexander
de Bodisco, Minister from Russia accredited 20
this Government, to supersede the authority Of
Gaspar Tochman, Esq attorney and counsellor
st-lsw, under the employment Of the heirs of
General Thaddeus Koscuskon- Cong rsssional
Globe (marked A. page 1910
These resolutions were laid over under the
rule, by unanimous consent Of the Senate further
action was not taken upon them for want Of time,
during the last session The result of this con-
troversy was however, such that the heirs of
Koscusko, residing in Lithuania, who had been
forced, at the instance of Mr.. de Bodisco, to ex-
ecute power of attorney in the name of Joseph
II. Bradley and Philip r. Fendsll, executed sub
sequently general power Of attorney in the name
of their cousin, Mr.. Hipolitus Estko, residing 10
the kingdom of Poland, and he, upon its authori-
ty, re6ngaged on their behalf, my services and
thos of his cousin, lgnatius Chutkowski, residing
in New York
Under these circumstances Of the case, Mr. de
Bodisco, conceived most malicious plan to ruin
MIR. Hipolitus Estko by charging him with trea-
son, and to accomplish his fendsh design he
wrote two despatches-one to the Minister of the
Interior Department Of the empire of r ussia, aud
the other to the Viceroy of the kingdom of Po-
land, charging Mr.. Estko-
/. That he (Mr Estko) obtained by force from
his relatives power Of attorney, and upon its
authority executed another power Of attorney in
Galcia, which he fraudulently caused to be au-
thenticated in the Office of the imperial legation
at Vienna.
?. That he Is in correspondence with the eIiles
in America, and furnishes to them information
injurious to the empire of Russia.
3 That he receives from them rebelious proc
lamations and circulates the same in Poland and
Russia.
A That he sends considerable sums Of money
to the exiles in America.
5. That in the prosecution of the succession OF
General Kosciusko, he is acting injuriously to
the interest Of the rest Of the members OF the
family, and wishes to defraud them for his own
benefit and for the benefit of the exiles. All
which will more fully appear from the transla-
ton Of a letter which Mr. lgnatius Chutkowski
received from MIR. Leon Choynowski from Cali
cha, empire Of Austria The translation referred
to is marked b
1t is most respectfully submitted to your Excel
lency that Mr.. Hipolitus Estko will be able to re-
flute at home the charges marked LIST and 9th.
But to refute the charges marked I'd, Sd, and 4th,
he may need ~ think some evidence from here,
from the persons or exiles involved in said char
ges. These persons being Mr. Ignatius Chutkow.
ski, a cousin of Mr.. Hipolitus Estko, Captain
Lsdslas Wsnkowez, grand nephew Of General
Kosciusko, and myself attorney and counsellor-st-
law of the heirs of General Kosciusko, | have
caused to be prepared aiidavits herewith enclosed,
and marked c and d. containing dispositions of
those two gentlemen and mine, refuting those
false and malicious charges And respectfully
beg your Excellency that the Secretary Of State
may be directed to send copies Of this oommuni.
cation with its exhibits to the Minister Of the In
terror Of the empire Of Russia, and to the Viceroy
Of the Kingdom Of Poland, with such note in re-
ference to the subject-matter as your Excellency
may deem proper and necessary to protect the
heirs Of Kosciuseo against these false charges and
also my rights and privileges Of q citizen Of the
United States 80 illegally and unwarrantably
harassed by Mr.. de Bodisco
| have the honor to subscribe myself your
Excelency's most obedient servant,
G TocHMAN.
attorney of The herS of General KoSeiuSko.
To his Eresllmey MILLARD FILLMORE
President Of ths DATED States
TO BIZ CONTINUED
YOUNG MEN-The most anxious moment is
when he forsakes the parental roof, and goes
into the wide world TO seek n livelihood The