New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-11-29
/. NfcQrlaua.
IrsIL sstcoLrrAs ssstsToss
cnirrIr
NEw.YoRH WednesdA1 Nor 81 1852

tts.L o,rsro~ rr.rscTNe z.rooLrr..
cnir-Ir or TN rlASsIT coxrasr As
NEw-YoRx, Wednesday, Nov. 81 1852.
To the Pyesdert and Directors Of he Aeeessory Tran, Co.
CfNiea'Ggu0:
GEyTLEMEs In answer to your cOmmuni-
cation Of the 22d instant the undersigned beg leave
say that they have examined the Charter and Act of
Incorporation Of 1.-THE American Atlantic and Pacific
Ship Canal Company" together with the charter
granted by the state Of Nicaragua tho Accessory
TiaD.t Company and also the decree Of the Director
OF the state oi Nicaragua dated the 9Th Of March l5J
referred 70 by Mr. Marcolets in his ,pondsace
with the Transit Company; aud promising that Mr.
Marc oleta has not exhibited 20 the Company any
special Instructions authority from mis- G)yerom INT
oher than tie decTLe before referred TO- of opn
iCn your first question, that M Marcosta
i, clothed win pOwrrs by virtue of is on -,
vested with competent uthrfy, by virtue of said de-
cree, appoint commits undor the thirty second
section the charter for iustng disputes contro-
VERSES between the Company and the Government OF
Nicaragua.
And we are further of opinion, in answer TO your
sec ond ques Cn that the said Company has not forfeited
Us cha icr by refusal TO appoint commissioners on the
reouis ito Mr.. Marcoleta.
In answer to the third question we think that the
respondence, published by Mr. Narcotics, between
him. eli and The Company. does show a refusal
the psrt 81 tie lltger to appoint Commissioners under
the article OF the charter On The contrary ia quite
manifest that the Company merely require to be
fed as 70 The power Of Mr. NJ rcole,a to appon. Jm
missioner on behalf Of the Government This
tirely proper the authority OF the Board of CJmn.
sic mere ought be perfect in respect to the Gogern
mont well ss in respect 10 the Company. IL such due
auth ory did MT exsf and the award should be in any
respect unshi- sc ry 10 Nicaragua, il might be repu-
dinied iy that Government
Your OuIih inter IositCry requires u to state our
opiu II upon question OF International law, AMI having
ctisdeitG it, we come to no other conclusion tlan
hst the State OF Nicaragua Is not Rt this time repre-
scented in the Unitcd Sites by an Envoy Exriordiaa-
nv end Mini ter PlenipOtcutsry. On tue contrary,
when HIT Safe, together villa tie states OF ii In1uras
ana san SALVADOR. formed a new relation under the
ume OF tie Government OF the National Represents
tisr" charged with the conduct and management Of all
foreign tfhir- the functions OF Mr. Mircieta as the
rene entLtive OF Nicaragua, necessarily ceased
T1e Sfate which he had until then cpreaented be-
Gamer erred so lar as It's foreign affairs con.
cerpec in the new Confederation and new Govern
rcut Of the National Representation. Tlis Is fnnil-
iar law and instances of Ike kind have mot un re-
ouenily occurred in practice The union betw zen
Scftlii md England l. one, and that between Texas
aud the Untdd ; stcs ia another.
NlcaiIR. a BY her own COZ mt. became lncotpDratei
in , Uuiou with Honduras aud San Salvador, athouy h
each ot thee Slater may have pre- eryed ts own laws
tnd IL. own Executive Legislative AMI Judicial dep ~
n erts for the government OF ia own domestic con.
Germs vet IL seems quite clear that the sovereignty oi
each go far as foreign nations concerned, came
u.srsed by tie Act OF UuOn and Tor all practical plr'
po,ef completely extinguished Wethereiore conclude
that Nicaragua las not al this time any National Repre-
sentative in TIL country. 800 ...
T. n. CUTTING.
Mr. y-I Nov 8. 1852 J PRESCOTT HALL.