The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-02
Total $40 ass 466 SstO7 666 S4a 3l6 20 $40 II

octo en-. IS si7,iss 10000 $50 90 S5as'sss 81
ASS AGO se.o7 000 s4asl6 20 sio5os,l5s 10
We had not the opportunity, prior to the issue of
paper look into the apology of the Transit Com
p.ny for putting the title to the in the
of Messrs. Ogden Wright Snow In reference to that
the company says -
the company purchased the ships of c. Vanderbilt aud
paid him 81 in cash. they directed him to transfer
the title to the ships to Msssrs Ogden, Wright Snow.
The this direction that Congress had pro-
vded mode by law for registering ships belonging to
without register the company compelled re.
sort to transfer t, individuals until after appc alton to
matter o. courseS authorizing the President Of the COM
pany to register the ships for them 10 his name.
The gentlemen with this so-called ncorpora
ton would be justly offended not to be considered Of
business, and wholly competent to manage the affairs of
others and are therefore, supposed to be familiar with
act of Congress passed the third day of March, 1875
the first feature Of which reads as follows -
That enromens and licenses for steamboats, vessels
owned by any incorporated company may be i,saed in
the of the president of such company
and that such Lroment and license shall not be vacated
affected by sale of any share Of any stockholder
stockholders in such company.
The second section ha the provision in regard
registers for steam vessels.
1t may be that the officers of the company suppose
of Congress ssary This presents mportan.
considera tons First, that fraud has been perpe
tratei upon the law putting the title Ia the
name Of parties not being the real owners Ogden,
Snow and Wright were not such owners; and hence
the fraud. They could not hold trustees for a
natural artificial person, not himself entitled to
register and if special act required that shows that
the real not entitled to register This fraud
forfs the Ships under the acts Of Congress- S. cond
It is not probable that Congress would pass any act
authorizing foreign corporations to stand upon the
footing with corporations created by own laws; for
the uniform language Of Congress has been to exclude
natural persons who foreigners from having in
terest in American navigation and the fifth section of
the act mentioned illustrates the idea, it pro-
ves that before granting register for any steamboat
by nc rporateo company the president secretary
thereof shall affirm that to the best of his know
lge and belief part of such steamboat vessel has
been then owned by any foreigner foreigners"
Tt rd but if the company not Anne rcan coporaton
it has business here and is far this government.
is concerned corporation at ALL for foreign State has
power to create corporation to transact business
here without the permission Of State and the
especially in the absence Of any grant in the foreign
charter to cay its business There is such
pref. the called charter of the Transit Company
and was therefore, very silly in that company paying
Mr. Vanderbilt "$l 200 900 in cash. for boats they
could not legally own, and could not lawfully navi.
gate but in the waters of Nicaragua. Fourth, the
following paragraph in the letter Of the company, would
seem to convey the idea that the Transt Company do
consider themselves foreign corporation, for it
says
to the intmation Of forfeiture, (rather bndly
veyed) it will be- time enough to be alarmed hereat
when the Accessory Transit Company become citizens
or subjects Of foreign power or State.
A corporation is artificial person. aud has powers
but such its creator the legislature bestows; and
The Transit Company not foreign person. it is per-
at all and if it is foreign person, then 1T has per-
petrated fraud upon the navigation laws Of this
try, which subjects its vessels to forfeiture.
The declaration OF ust referred to is evidence Of the
fraudulent intent and It is part and parcel of the
by which Mr. Vanderbilt Invested Of the title
The first cton Of the act of Congress of Goth July,
1850, provides that no conveyance of ship or vessel
shall be valid against any person but the gantor unless
it nvey ance) be recorded in the Office Of the col
ector &C. The fifth section provides that the
agent applying to the collector for register enrolment
shall addition to tie oath prescribed by law set
forth in the oath Of ownership the part proportion of
such vessel belonging to each owner and the shall
be inserted in the register and that all bills of sale shall
set forth the part owned by each selling and the
part conveyed to each person purchasing
this act has not been complied with, there is addi
tonal evidence for the officers to resort to- for
the quo amino
The annexed statement exhibits the quantity and value
Of certain articles exported from this port during the
week ending and including Saturday. October 90 1853
distinguishing the destination and extent Of shipments to
each place
COMMERCE CT 1HE PoRr OF New YoaK.-wEsKLY EXPORTS