The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-29
Nicaragua.
LEGAL OPINION REsPkCrnG MR. hAkcoLsIAs
ASSERTIONS THAT THE CHARTER OF THE TRANSIT
COMPANY WAS foRFEIrHD


LEGAL OPINION REsPkCrinG Mr.. hAkcoLrAs
ASSERTIONS THAT TnE CHARTER OF THE TRANSIT
COMPANY WAS foRFEirtD ~, q, rag,
rs rux President AND DIRECTORS THE ACCESSORY
TRANSIT coNrANr NICARAGUA: -,
Geptsm~a = In sDswer 10 your communication OF the
c2d stAnt the uudersgnsd beg leave 70 say that they
have examined the Charter OF Incorporation OF
- American Atlantis ana Pacific ship Canal Company
ic~.ahsr with the charter granted by the state Of
Nicaragua the Accessory Transit Company aud also
the Of the Director Of the State OF Nicaragua
dated the 9Th Of March 1881 referred TO by MT Mar
eosta his with the Transit Company
and promising that MI Narcoies has not exhibited 20
the company any specla In trncuons OF autnory nom
his other Than the decree before referred TO-
Ne OF opinion in 70 your arst question that
Mr. Marcceta Ia clothed With powers by virtue OF
h Office vested With competent authority, ~ virtue
Of SAID decree. 10 appoint commissioners under the
thirty third section OF the charter FOR adjusting disputes
OF controversies between the company and the govern
And We are further of opinion In answer TO your
second question that the said COMPANY has not forfeited
10 ehsrter BY refusal 70 sppolnt commissioners on the
rcquissticn OF Mr. ksrcole's
In snswsr to the third question think that the cor
resPondrnce ~ publishsd by Mr. Msrcolets between
himself and the company does not show refusal on the
part Of the latter TO under the ar
ticiss q the charter; the sohtsry " quite Anest
MAT the company merely require 10 be satisfied as to the
Pow or Of Mr. Marco sppcint Nissionsrs be-
halt OF government This was entirely prsper-the
authority o the board II ought to be per
feet in respect well In respect to
the company II sukh due authority did not exist and
the award sbeud be IN any repect unsatisfactory to Nj
Your fourth iBterrogaiory requires to state our
opinion upon question OF international law and having
considered it. come TO other conclusion than
that the State OF Nicaragua 1t this time represent
ed in he United Skates by Eavcy Extraordinary and
Minister Penpoteptsry - on tae contrary. whom that
State together with the Sta Honduras aud san Sal
vador fornee relation under the name of the Go
vernpent Ct the NahoRa, Representation charged
with the conduct and Of all foreign affairs
the functions OF Mr. Marc the representative Of
Nicaragua necessarily ceased.
The Stste which he lad until then represented became
merged far It's oeign asrs concerned in the
new confederation and government Of the National
Representation 1sis is familiar and instances OF
like kina nave not upfrcansDty occurred n practice
The union between Scotland and England is one, asd
that between Texas the United states ~ another
Nicaragua, by her own consent became incorporated
In union with Honduras and Sal Salvador. although
each OF those States may hsve preserved its laws
and its executive, legislative and Judicial depart
wents for the OF Its donesti,
yet 1t quite clear that the sovereignty OF each
far foreign nations concerned became merged by
the Act OF Unisn, and for al practical purposes
petey eKrirgushed We therefore uds that Niaga
has not al this time any national representative
this country CHaS. 0'G0N0R,
f. B. CUTTING,
j. PRES loft HALL.