The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-18
letter. which in civilized community docs not re-
quire TO be characterized ~ it deserves


su-Nour letter OF The 3cth duly received and re-
fsred to the undersigned, counsel Of the Accessory
FASTING over the affected with which you were
pleased treat The strange and unconnected suhject
embraced in the letter Of the undersigned of the 9th nit
with the mere remark that in any other person than
yourself such conduct would be deemed impairment the
undersigned proceeds to notice that part OF your letter
only wan which tho company has any concern
In your first letter you announce 70 the company
that you have, by vhtue OF your Office and PAYERS
appointed commissioner under article 49, for the state
Your right by virtue of your Office aud the powers
belonging to it, to make such appointment, denied
signed IN his letter Of the 9th ut you asked
for the evidence ofsny specific authority which might
have from government to act in ths mattcr Of ap
For that specific authority uch a. it is you refer the
company In your letter Of the 3oh to the decree Of the
supreme Director Of the 26th Of Merch last
Mr. Marcoleta, in resting his claim Of authority to
appoint commissioners this decree, quite nuchat
fault when he rested IL on bis Office and powers"
The decree referred to authorizes Mr. Marcolsta " to
settle with the Canal and Transit companies whatever in
oid1 Mt cccur.n
An authority given to Mr. Msrcoleta to settle with the
company is not authority to .gate arbitrate nor
an authority to appoint other persons to settle
fthere Is any incident requiring settlement between
the company and Mr. Marcoleta the company is quito
ready TO settle it with him in is capacity Of minister,
acting under the specific authority OF the decree. But
the company cannot recognise any substitute for MIR.
MnTcoeta since The decree gives to him no TO dele
gate his authority
Director never designed by the decree in question to
point Mr. Marcoeia commissioner under ce 49, since
two commits sioners required in case OF dispute
controversy ami there, then, was no dispute or con-
AS therefore Mr. Marcoleta is not commissioners and
the decree gives him power to appoint commits
sioners the company declines all action under article 30
until such time the State Of Nicaragua shall
the commissioners and formally notify the company
of the fact
To correspond further with Mr. Macoleta on this point
would be but waste OF time Ii is obvious that he has
entirely misspprehended his powers and that his ap-
poiDtmeDt commissioners has been made under an
authority usurped instead OF authority given aud is
therefore wholly void. Yours, J. l. WHITE,
Counsel of the A. T. Co.
Having thus exhausted every reasonable and legi-
innate effort to induce the company to act in good
faith towards his government, and having been
met with evasion and insult, Mr.. Marcoleta sub
mitted the entire orrespondence TO Mr.. Daniel
Lord, the counsel employed for his government,
and received from him the following clear and ex-
picit reply from which il fully appears that under
every principal oflaw, in the transactions which We
have recounted, the company has forfeited all its
rights, and IL now without gal existoncea thing
condemned by It's own acts, and dependent on the
mercy OF Nicaragua, under sentence of execution,
and without hope OF respite or pardon.
SECOND LETTER OF Mr.. LORD
NEw YonK, Nov 5, 1852.
part Of the Accessory Transit Company of Nicaragua
der The grants OF that State for the construction Of
ticrg the impropriey Of the mode Of address by the
counsel Of the company to the Minister Of Nicaragua,
there are two topics worthy OF notice.
FtIhat the company claims to be dealt with as an In
stution of that State only casually constructiye!y
pretent in his country by keeping Office in this city
This TO very express admission Of the subu-
cation OF that company the law and government Of
NcaIagua, and dsclaming Of any peculiar rights
czsns OF the United States and such seems to me to
be true as well conceded proposition Consequent
H. the company decline obedience to such
snIes as the government Of Nicaragua might adopt in
similar case towards any Of its own subjects.
2dn considering what should be adopted by
that State for doing itself Justice as well as defending
sho pIo,eS'ng It's dignity ~ proper 70 ak wnetner
adopted TO avoid fulfilling the obligation. of the compa-
ny 10 thst state 1t cannot well be doubted that the
Doninaou Of srbitrators by Senior Msrcoeta Minis
ter would bind his State in good faith by the result OF
that srbraon and 1t is only the rules Of good faith
which form the cations nations And the distnc.
ton pretended The part of the ny between
authority TO settle and an authority to name arbtrstors
is very unsund To settle controversy carries with it,
containing the less within the greater, the power to
refer 10 ADJUST by Of persons whose wisdom and
justice ale mutually connded in and to settle In that
manner The whole TO be the endeavor Of men
under obligation, which they unwilling unable
TO fulfill to avoid it performance Under these crcum
nonfuhliment Of the stipustious OF the company
pend It's privileges, not shoIy withdraw them Espe
cy 1t would be proper to levy tucn duties and charges
on persons and property on the transit route as the
could be tubectod TO IL pDprviieecd 1t would not be
expeeent to Interrupt the working the construction cf
the canal and road in the first instance This might
unnecessary, ii the levyiDg Of duties So would indeui
nifty the governments and moreover all work OF con,truc
zion witoin the state il . ury 1t aud benefit II
the State shoud adop. tbi psn OF levypg duties on the
transit passengers and goods It ,houd make rsason
abe previous announcement Of the measure with the
DANIEL LORD.
To Don JOSH DE- hascorrTA Minister Of Nicaragua
The measures which Sir Lord indicates are pre-
ciaely those which the government OF Nicaragua
have had in contemplation for some time past, and
towards which the initiatory steps have been taken
Nicaragua has been Teuct antly forced to take this
decidedsrourd, and having exhausted every con-
cistoIy expeoient, relies pom the sound judgment
Of the world tr support in geyere and decisive msa
su1es. which she Will be compelled TO adopt, for
enforcing her rights and vindicating her honor Har
relations with tie company have Terminated with
the following protest Of her representative in ths
couLtIy -
PROTEST.
LEGATION THe REPUBLIC oF NIclRAsUA J
NEW YoRK NOV 8. 1852 !
TO TIE DiRroToss or THE EIcARAGuA CANAL Aces
sorry TRANSIT COMPANIES -
The undersigned, Minister plenipotentsry aud EuroY
Extraordinary Of the Republic Of Nicaragua has received
from tie council Of the above Transit Company two let
IN reply to those communicated by this legation %
the directors above named conserving nomination Of
arbitrator ~ arrange The psudng difficulties between the
Republic q NicaIsaoa ard the sao company (relapg 70
tire liquidation Of tic c6ntare due 10 The republic
in dance with article 80 81 The primitive
The ssd letters ony b. regarded tho rawlings OF
mamie and the illusions Of of no consequence
ano therefore moi 10 repy and for this re,soo the
dei5grsd coninef himself TO protesting and does solemn
lft-Agsin,t ths iad fifth the conduct End acts Of
The companies ia all that roi,es 70 compliance with
the Obligations which they lave contracted With the q.
yerpceDS OF Nicaragua, wLioh government they have
not treated confidefately, bur 9TH iugratihlte.
Zd-A gainst the delays and difficulties malci1usy
interpcfeo by the Transit Company and its commits
ionefs NeeIs sUoS and White, TO the Liquidation sud
pay ment Of the SUNS due 20 NcRsgua from the Transit
route and
3d-Againet the form and language OF their com.
municatiops; sgant cir gratuitous insuts avhed
The government Ct Nicaragua sgRnst their i.vectives,
fake eurpoEcns and pertdious calumnies against the
representative o. Nicaragua vita the object Of preventing
III II IN e1eicising cccusr supervision AMI dilg.nt
viglspce the affairs of aid company in conformity
with his duties and rom dsohsrging his obligations to
bis country and government
The government Of Nicaragua will determine. in It's
prudence, ii the lime has arrived tskc severe
20 put limit and end to the want Of respect
evaors abuses and scapdacus OF which these
companies and their agents have been and are so re-
peateoy and frequently guilty.
The undersigned sso deems IL proper and requisite to
his duty and dignity inform the directors OF the said
Transit Company, that hereafter he receive
nunicabdns signed by its "couDse" Mr. J. i. White,