J/T/T^rrtA 
 
 HOUSE OF REPRESENTATIVES, Februnrv 24, 1863.— Filed 
 February 20, 1863. 
 
 [ Mr. II\KRrs. from Committtee nn Military AflFairi*, ] 
 
 G. TOCHMAN'S SUGGESTIVE POINTS TO THE MEMORIAL 
 REFERRED BY THE HOUSE OF REPRESENTATIVES TO 
 THE COMMITTEE ON MILITARY AFFAIRS. 
 
 Richmond. Va., Feb. 24, 1863. 
 To his Excellency, JtiFFERSON Davis, 
 
 President of the Confederate States : 
 
 Sir : I have the honor most respectfully to «nclose, for your can- 
 did perusal, my memorial praying Com ress for some relief to save 
 my honestly earned reputation and character from the stigma of being 
 a pretender, or the charge of incapacity, or of some misdemeanor, to 
 which, the effect of Mr. Walker's having, as you consider, exceeded 
 his authority in dealing with me, subjects me for the remainder of my 
 ^ventful life. My object, in taking the liberty to send you this paper, 
 is to show your Excellency that I do not charge 3'ou with any injus- 
 tice; but setting forth the consequences arising from Mr. Walker's 
 having given me such authority as he did, as it seems without your 
 consent, I only desire to have put the boat, which carries on my 
 earthly existence, in the same stream of honor and honesty, through 
 which I steered it during fifty years of my life, before this unfortu- 
 nate mishap. I hope that you will apprea ate these motives of m}' 
 solicitude, and indulgently accept this respectful expression of the 
 sense of my feelings towards you. 
 
 I have the honor to remain. 
 
 Your Excellency's 
 
 Most obedient servant, 
 
 G. TOCHMAN. 
 
To the HonorahU Committee on Military Affairs, of the House of Bep- 
 representatives, Conftdirate States Congress : 
 
 Mr. Chairman and Gentleman of th<e Committee : I thank you for 
 the privilege given me to appear before you, and take the opportunity 
 to file this papw', -which I beg you to consider as a part of my me- 
 morial, referred to you by tho House of Representatives. The facts set 
 forth in that meraorial. upon which my case rests, are so self-evident, 
 and so self-sustaining, as to the relief sought at the hands of Congress, 
 that, to urge it by any argument before you, would be rather an in- 
 discretion on my part. 1 appear, then, before you, for the sole pur- 
 pose of answering any interrogatories you may have to propound to 
 me, and to submit, in this paper, the following few suggestive points 
 in my case. 
 
 1st. The supplementary act of Congress, numbered 382, and ap- 
 proved February 3, 1862, enacts, that the officers appointed by the 
 President, under the 4th section of t'e act numbered ]i)d, approved May 
 8, 186 i, to raise " companies, battalions, and regiments, ^AaW he 
 the officers of ths same.''' It is true that I obtained my author- 
 ity to raise, and I did raise my troops, and organized them into com- 
 panies, regiments and a brigade, as directed by that authority, prior 
 to the date of the act numbered 382. But this act being explanatory 
 only of the intents abinitio of the act numbered 109, under the pro- 
 visions of which the acceptance of that authority w^s stipulated with 
 me, must, it appears to me, embrace and sustain my case, as it shows 
 that Congress aever coiitemplated allov.'ing any other kind of remu- 
 neration lor those who would undertake to raise troops, than their 
 right to the command of the same, and to the stipends attached to their 
 expected ranks. Any other interpretation of this act would lead to 
 conclusions rather disadvantageous to the Executive, without taking 
 away my right, to the relief I claim. If it should be objected 
 that the act numbered 382 does not include in its provisions the 
 command of brigades, I submit that the 4th section of the act 
 numbered 109, to which the act numbered 882 explicitly refers, 
 refutes such an objection by reference to the provisions of " an act 
 to provide for the public defence," numbered 48, which, in section 
 bth, authorizes the President to organize " regiments into brigades, " 
 etc. 
 
 £d. I admit that, applying to my case the foregoing acts, even in 
 the sense I construe and understand them, the honorable the Con- 
 gress has no power to insist that the President should give me back 
 the command of the troops I raised and organized into a brigade, the 
 law leaving to him the initiative of the appointing power, even in the 
 cases restricted and defined in the provisions of the act numbered 
 382. But it is evident, from these acts, that the President had full 
 power to make with me such arrangement as his Secretary of War 
 did make in his name ; and, if the Secretary exceeded his authority, 
 as the President intimates in one of his letters to me, annexed to the 
 record of the memorial, it is respectfully submitted that I ought not, 
 
and can not, suffer by it, iieither in reputation nor in damages caused 
 by depriving me, of the command, without cause, especially 
 when the President himself, when I tendered him my services at 
 Montgomery, Alabama, told me that he wouM give instructions to the 
 Secretary of War to advise me of his decision, and that I would 
 have to make my arrangements with that Secretary. 
 
 3d. The effect of tliis action of the Executive, independent of the 
 heavy losses (which in my situation as a political exile, for the third 
 time in my life, are very sensibly felt), subjects me to the most galling 
 disgrace, here and abroad, either of being considered a pretender, or 
 tlie charge of incapacity, or of some misdemeanor. Do I deserve 
 this, for my devotion to the cause of (he Confederate States? *IIave 
 I to move heaven and earth, to show my innocence here and in the 
 old world? W 11 compelling me to do this, benefit tl#caus"e of these 
 Confederate States ? 
 
 4th. I do not believe that the President knows all the fiicts of this case. 
 It is true I have sent him a copy of my memorial, enclosed in a letter, of 
 which the annexed is a copy. But this communication, coming from 
 a private individual, might not have induced him to give it a careful 
 examination, I, therefore, respectfully suggest that my mem )ri il be 
 communicated to his Excellency by this committee, requesting him to 
 furnish such information in this case, as he may deem proper to com- 
 municate to them, l)cfore any -action is taken or recommended by this 
 honorable committee. Such a course, it seems to me, Avould be but 
 courteous, justly due to the. President. To me. it would be so far 
 agreeable as its result would probably disabuse me of the uncertainties 
 and anxieties resting upon my mind, for, I candidly declare that, 1 
 cannot bring myself to believe, that this action in my case on the part 
 of the President, is deliberately and intentionally hostile. 
 I have the honor to be, Mr. Chairman, 
 
 And gentlemen of the Committee, 
 
 Your obedient servant, 
 
 G. TOCHMAN. 
 
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