<*^ HOUSE OF REPRESENTATIVES, March 10, 1863.— Referred to the Committee on Military Affairs, and ordered to be printed. COMMUNICATION OF G. TOCHMAN, TOUCHING HIS ME- MORIAL NOW BEFORE CONGRESS. » Richmond, Va., March 0, 1863. Hon. W. R. Smith, Thar Sir: A fe>v days since L received from the Secretary of War a letter bearing date February 17, 1868, purporting to be an answer to some application, which T ntver made to him m>r tt any department, for the payment for services rendered as a recruiting agent. This letter is fully inserted in the enclosed copy of my reply to it, marked A, which brought me another letter from the Secretary of which a copy marked B is also enclosed herein. The perusal of these two papers shows that the Secretary's second letter, marked B, though it is a courteous answer to my letter marked A, leaves me, however, precisely in the same darkn ss as the former letter, as to the causes or motives of addressing it to me, in answer to a suppos:d application, which 1 n ix r made, for the payment for services as a recruiting agent. 1 cannot suppose that my memorial before Congress, in which I beg for some commutation of honorable relief f)r the injury to my reputation, and damages, caused by the action of the Executive which deprived me, without cause, of the command of the troops I raised in the expect- ation of commanding them, could have authorized so derogatory a construction of my sacrifices and devotion to the cause of the Con- federate States, as is the attempt of treating me as a mere recruiting agent. As this casual communication between the Secretary of War and myself seems to have direct bearing upon my claim for justice and relief now before Congress, I respectfully beg you to present it to that honorable body, that it may be ordered to be printed and re- ferred to the Committee on Military Affairs, which has now under consideration my original memorial. With the highest respect, I am dear sir. Your most obedient servant, G. TOCHMAN. [Copy.] [A] Richmond, Va., March 2, 1863. Hon. James A. Seddon, Secretary of War, C. S. A.: Sir : T have received from your office lust Saturday a paper bearing date " Kebruary 17, 1863," which reads as follows: "Your claim for services as recruiting agent is apparently a just one, but Congress has not afforded to this Department the power or means of paying for official services in cases where no commission has been issued. A great many claims of this nature, whose merits are not denied, have been rejected for this reason. The Department has recommended to Congress to make some proyision for them, and until that is done it is without power or means to act. Respectfully, JAMES A. SEDDON, Secretary of War" This paper evidently purports to be an answer to some application claiming the payment for services rendered as a recruiting agent. As I have never acted in such capacity for the Government of the Con- federate States, and never presented to you, nor to any Department, any claim whatever for, such services, the receipt of this paper is sur- prising and perplexing to me, I cannot comprehend what is its real purport, nor do I know what motives or causes called for the action of which it is the result. It is true that I raised a brigade of troops in 1861, but I did raise them for my own command, under the provi- sions of the act of Congress, numbered 109, approved May 8th, 1861, and the authority obtained under it from your predecessor, Hon. L. P. Walker, bearing date "May 20, 1861." The command of these troops was denied to me by the action of the Executive, without any fault on my part, and, as I consider, in violation of that act of Con- gress, and the agreement with your predecessor, under which I under- took to raise, and did raise, a brigade of troops for my own command. This led me to seek at the hands of Congress for some commutation of relief; but in my memorial addressed to Congress, I no where claim, but expressly disclaim, to have been a recruiting -agent, and I do emphatically protest against such construction of my authority. Having been a field officer in the Polish army during our revolution, I would never have sacrificed my property here, the welfare of my family, and all my prospects at the North, to be a mere recruiting agent for the Confederate States, my most sincere patriotic devotion to their cause notwithstanding. With this explanation then, and with the protest against such construction of my authority, I respectfully beg you to inform rae of the signification of the paper which has called forth this communication, and what occasion gave place to your ad- 3 ing it to me. And in order that my position be better under- stood in this case, I enclose herewith a copy of the memorial presented to Congress, together with a copy of the " suggestive points." filed on the 20th of February with the Committee on Military Affairs of the House of Representatives, and printed by order of that House. 1 have the honor to he, sir, Your most obedient servant, (Signed,)