The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-18

epshs your government TO do ju,toe TO yourself
conduct has been solely prompted hy your views oi us
true interest am sir your obtdisnt s.ryanT rom
To His Execllercy Mr. @AncorErA.
Meantime in conformity with the advice Of Mr.
Lord. and for other reasons not necessary to enume
rate here Mr. Marcoleta authorised his associate,
Mr. Manning. to act on behalf Of the entire commits
son: all his ooings, however, 10 be subject to the
revision Of Mr.. hsreoleta, and to depend for their
validity upon his approval.
Considering only the undisputed charges Of the
company, and those agreed by the commissioners TO
be valid there appeared, according 10 Mr. Manning's
apprehension clear sum of nearly SSO, 600 due 20
Nicaragua. For twenty Thousand dollars of this
Mr.. Manning, on the 18Th of October, drew draft
at ten days sight on the company, which draft was
protested account Of non acceptance by the CON-
pany on the day folio wing.
The affairs between the State and company there.
fore remained unsettled, account of the differences
touching the proprety and validity of many charges
OF The company This condition of things in the
opinion of counsel, and Of Mr.. Marcoleta himself.
precisely constituted case In which the article of
the contract providing for the appointment of arbi
traitors wcud apply. The commission of inquiry
had exhausted its functions. and it now only remain
ed for the com a. sson of arbitration to act.
Mir Msrcoleta, therefore, in accordance with his
powers Minister Of Nicaragua, in consonaoce with
the direct instructions of bis government, and Of spe
cnl powers conferred by the President of Nicaragua,
below given, proceeded to name e commissioners
Of arbitration the part of Nicaragua. The decree
Of the President CT Nicars comforting those pow
ers, bad already been communicated to the company
by the Secretary of Foreign Affairs of Ncaragua,
HOUSE OF THE GovrRysrENT !
MAsAeUa March 81 1852
To THE PRESIDENT THE AMERICAN COMPANY TRANSIT
The President Of the State Of Nicaragua has nsru
10 communicate TO you the following
The Director OF the State of Nicaragua, considering
that Ii Is convenient and useful TO auth per
son Y arrange saas p1ints s wh 5he somPy as s
diions apr IL 1850 and b. the contract OF Aug 20
1851 ana having complete ddence in the loyalty and
capacity ~ Don Jose de dafcole.a Minister Penpo
Tertiary In the United States
DEGREES,
Art. His Excelency Don Jose de Marcoetais sutho
rzed TO arrange with the Transit and Canal Companies
whatever circumstances which may and 20 ampify
modify said contracts IN accordance with the instruc
tions communicated 70 him
Art. 1.-The Minister of Foreign Affairs is charged
with the execution Of the present decree.
Dated in the city Of Mauagua, March 26 1852.
J. LAUREANO PINEOA Director, SC.
BY order Of the Director Of State nave the honor to
enclose 70 for your information this decree by which
lis Exceency Don Jose de jaIcoeta is authorized
range the various matters in which Nicaragua Is deep
ly interested Hoping you will inform the individuals
composing the company of the above, am. sc &c,
ROCHA, Secretary Of Foreg On Affairs.
TIE commissioners name by Mr.. Marcoleta were
Messrs. Pelstiah PERT, of the house of Goodhue &
Co.. and Marshall S. BdWsll, Esq advocate, both
gentlemen Of the high ST position ia the community
The letter addressed to the company, conveying
these nominations, is translated here
LEGATION THB REruBLIc or NICARAGUA
New lonK, Oct 26, 1862 !
To THE PREslpENT, ETC, or NICARAGUA ACCESSORY
sir-In view and consideration OF tho differences
which have arisen betwet the Commissioner Of Ncar.
aqua, Mr. Thomas Manning and Messrs snow and
White commi soners OF the Transit Company
relative 10 the Of the ten per cent of the net
plote a the transit route aud with the object OF
irving at definite whereby the interests of
the State shall not suffer greater pref udce than results
from actual delays and difficulties;
The undersigned Envoy Extraordinary. &c In virtue
o. his faculties and powers snd In view OF article 80 Of
the primitive contract has named arbirators the
part Of the government OF Nicaragua Messrs Pelatah
PERT. merchant and Marshall & Bidwen, advocate.
The undersigned invites the company to proceed to
nominate arbitrator upon B part in order that the four
then named msy choose fifth, and proceed in common
sccord TO remove the dculties viii ii have up to tits
time Glfen and 10 effect the OF these affairs
(signed) JOSE De MARCoLErA
This letter, which is Straight forward, business
like and courteous, was replied to by hr. J. j.
White, subscribing himself Counsel OF tho Tfansit
Company in a letter the tone Of which is as cha.
rRcteIitic rs Il is 6screditahle and should Gauss
every respectable member of the company to regret
that it written. II is difficult TO conceive
more unpIoyOked and thoroughly disreputable
document.
LETTER OF Mr. WHITE
NEw YoRK Oct Il, 1852
srNos Dor Josr DE- nAKooLErA, HiEIsrEk raoM MICA
SIN Your letter Of the 2s.h inst is received and has
been referred TO me, as The counsel Of the company, FOR
consideration 6nd reply.
For the pupose Of arriving 1t 6sfuitTo settlement
Of the difficulties and dsuois Viii have been origt
mated between Hr Manning ard TIE Conpsny,n with
reference 10 the quGstion OF Inc 10 psr O. mt net pro-
cetds Of the Toa1 (tTausit road is supposed to bs
rnesnt Rheh sccrue the government Of NlcaragusD
you name 10 us to coaissenerh nv virtue of the pro-
vision Of article % Of the origin Il charter and By ytne
Of your tfdce and powers
In reply have 10 cay 1st That for the present
crding Nicaragua the powers and attributes =
reign state and the right TO b. represented At the gov
e,nmtnt Of The United Sates her representative
ever he r0y be has authority by virtue Of hs Office
and the general powers that belong 20 It, to interfere
with the cbarteIed rights Il a company which exists
under - authority OF his state. for the fote-
ment OF any oipues controversy between his govern
peut ard 8 corporate 0c3y created b. its lagl
The company which represent l. domestic corpora.
ton. deivng it, vitality fem and known only The
laws Of Nicaragua. The fact Of the company having Al
Office IN New Iofk for rs transaction OF business DOES
work Transformation ci it, clnrsc,sr into that Of
corporation foreign to Eicarsgus and s laws For this