The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-15


Of ncasrs White and Fabena
The doniaI of all authority the part Of tbs
United States Commercial Agest, and sne denial
and resistance of anthort on toe part OIL mr. Dor
land who represented himself rs an American
Minister.
The action Of The company by their agents, in
the blocking mp the river, BY which me harbor Is
The action OF Mr.. Scott Ia resisting The City Mar
shall in the discha &c OF his duties. - 4.
Tie uIder In OPEN ay of native Of Nicaragua,
by Captain smith one of tne employees Of the com
pany. All of which several acts can be fully proved
and which are now SIT forth.
Mr.. SCOTT has blo,kea up. or attempted TO block
up, several outlets VI the river San Juan de Mica
rague and on the fifth Of May last past aud slbse-
qQently, the follown circumstances took place:
An employs of toe company. named McGrath,
having been duly discharges aud paid of, took
boat from the Point, FIR the purpose OF removing
his goods and family To Greytow1. Mr.. Scott dts
covered 1t, and Immediately ordered boat 10 bring
back said McGrath, but unable to overt AXE the
bat until she arrived in Greys when one So
man. an engineer in tbs EMPLOY OF Inc company,
who was in the pursuing boat. struck and knocked
down man by the name OF Reid, upon the beacn
Of Greyt0wn and then attempted to strike McGr ith
who had taken refuge within tue police station; but
q few Of the citizens being present prevented any
further outrage. On the 9th OF Nay last q warrant
was issued for the Of said oman, for assault
on said Reid. That the Marshal proceeded to the
Psint To arrest said Soman. but was prevented by
Mr.. Scott, who refused to allow said SlomaI to be
arrested, and the Marshal was Obliged to return
without effscting the arrest of said Siomau. Upon
the Marshai making HIS report to the Mayor, he
ordered the Marshal TO be reinf0eced and to pro
coed to tho execution OF his outy. The Marshal
again proceeded to the Point, ard by force arrested
aid SlomAn. Mr.. Scott mniec lately came over to
Gteytowu an obtained the release Of said Ston1an
bS 0au being entered by Mr.. Fabens for his APP
fhArauoe. and at the same time Mr.. SCOTT was ar.
re ted for resisting the Marshal. On the 18th Of
May, 1864. M Scott filed protest with the Mayor
q copy o. which is he'eanto annexed) and Was
r.. nat thas uth ri
state that they do not believe that the said Nc
Grah stole anything from the Point, and
ave able to show fully that not single
oance OF wheat or -four, or any thing else
the boat was obtained by McGrath from ons Of the
employees of the company; and they are satisfied
that the statement Of Mr. Scott s false and untrue
In every particular. as more fully appears by the
statement OF Mr.. Codd, Mclean aud Reid, hereunto
annexed. Bat before tie day Of trial OF the man
Sloman, another circumstance, OF still greater
atrocity, was committed by one Capt. Smith, an
employee Of the company, commanding the steamer
R0uth, whom the unde signed believes, from the
testimony Of several respectable witnesses and the
result OF the coroners inquest "a copy OF whish Is
berate murder on one Antonio Paladino native OF
Nicaragua, and patron of bungo, by deliberately
shooting him though the heart with rife, and in
the prescuce Of Mr.. Borland. Upon the fact being
known to the Mayor NJ. Seeaud, he issued warrant
for Capt Smith which warrant the marshal Mr. Codd
proceeded to carry into effect; but on making tue
arrest, on beard Capt Smiths boat, the Routh,
Cspt. Smith resisted, and Mr.. Borland, person
who represented himself as an American Minister,
rife in band, assisted said Smith in defying the
authorities of said city and its marshal, and com
PEELED said marshal as wen as his deputy, Mr.. Pat
ton 70 Afsis from such arrest for fear Of personal
vislence and said Captain Smith IL still at large and
cannes he arrested BY the city authorities BY
Of the resistance thus afforded; and further, that
the said Smith accom- panied said Borland to the
Untet States. COPIES of the afidavits Of Codd and
Patton are hereuDto asnexed.) Soon after the mar
shall had returned from the attempt to arrest said
Smith Mr. Borard came TO the city of Greytown, and
went TO the house Of Mr.. Fabens, the commercial
agent. The inhabtants hearing that Capt. Smith
had come with him, the Mayor ordered said Smith,
if found, 70 be arrested. But It appears such was
not the fact and some few Of the inhabitants with
out aAy authoiity attempted TO arrest Mr.. Borland
for hs resistance, and proceeded to the house Of Mr.
Fabens for that purpose; but the Mayor, Mr. segaud
bearing Of the attemp. proceeded to the house and
inforuoA Mr.. Borland that he had not OF dered any
such proceeding and the persons dispersed by order
Of the MAYOR. Mr.. Borand, whilst standing IN the
house O. Mr. EsSsas sss Cam, smith on
you take me also, and you have no right 10 arrest
any American citizen, even il he has committed
murder. Is you have no authority; and that the
citizens had been taught one lesson by the Cyaue.
another that they would not easily forget"
Mr.. BcriAn6, on the following morning, proceeded
on board the steamer Northern Light, and then
eastes and enp|pyed fifty neG as soldiers, to gar
Of the came, and the said soldiers, together with
small prms and cannon, are now located upon the
Point, and will not allow the ci izens of GIeytown
or San Juan del NoIte without challenge or order
to land upon the Point.
The undersigned authorities, thus finding that
their jurisdition and legal rights were to be openly
resisted BY the employees Of the company and the
ssid Bcria1d, felt II incumbent on them to resign
their several Offices for the reason Of the impossbility
OF enforcing the laws and regulations Of Che city OF
Greytown or San Juan del NoItc, as tAey were per
iectly satissd that all government would be useless
tiers and persons as Mr.. Scott, Mr.. Smith and Mr.
Boriard; and by thus resigpng they placed the re
spcnsbuity OF such acts aud their results upon the
persons or The representatives OF tho government
who uphold such outrageous practices The under
sigued would set forth, that without proper and
well defined jurisdiction they would not be able to
cary into effect any government, and that they feel
saislfd that unless immediate measures be taken for
the pfotecon OF the city and its inhabitants by the
several governments who are interested therein, and
for the protection Of the rights both civil and polit
CAL OF The residents Of said city of Greytown or San
Juan del NOrte, series Of great disorders will soon
ensue, ana the results Of which will be the total dis
Organisation OF ali law, moral or civil, and state
o. snArchy and confusion injurious alike to the po-
htscsl ~ wen as the legal rights Of all and every
person now resident Of this place The undersigned
would respectfully represent that 1t ia absolutely
neoesaery. - they are now W thout any legal or or
gAnised government, that all matters as regards
THE plsoe ought and should be definitely settled
and esranged and would respectfully suggest to
the several governments interested in the final and
absolute settlement Of the affairs Of this place an
immediate and prompt action In the matter "a the
presents seate Of affairs existing will ultimately
result In scenes OF boodshed and the total abolition
Of Ill legal rights, public or private. Tho under.
signed would also publicly represent, that they as
city, ap totally free and clear OF all debt, and
that they are perfectly able and willing to support
government founded upon the wishes OF the pe0-
pie which viii guarantee their civil and political
rights ard that they we'll satisfied that the re.
sidcnts Of this city are perfectly capable OF self
govern meat. The undersigned woul J, and do here
scts Of the said Transit Company, their several
agexfs and employees and also against the unjust
rabs scts OF Mr.. Borisnd by VIII ch the citizens and
sashostws OF this city have received great hurt and
damage. both in their political and civil rights, and
would respectfully represent TO all to whom II may
corcern. that they feel themselves very much dam.
aged ADD aRgrieved by those continued aggressive