The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-11

and 30 unqualified con formation % the'cat-
rage comm tied, under The auth 'rity of the
present admins ration "a It, town OF Saa Juan
&c Nicaragua. The fablioati, n OF the official
documents, which twas hoped m ght egtenuate
the act, has served only to confirm the justice
of the denunciations which the first intcll-
gence had provoked aud the subsequent
efforts of the government organ toypalliate the
de- by Interpretations of the facts and
gross libels on the people of San Juan, have
not only utterly failed, bat have covered it,
with contempt.
1t is now fully believed that an act
Of granddaughter, if not deliberate mar
der, hbetted, as it 10 alleged, by an
American representative, was committed
within the Jurisdiction Of San joan. 1t appears
that this representative interfered to prevent
the arrest Of man charged with the murder. He
defed the authorities, and defeated the ends of
Justice on the ground that the alleged criminal
was IN American eitiZeh and that the officers
OF San Juan were without authority TO take
cognizaDce Of the crime or punish the offender.
American citizen, and that the United States
had not only recognized the de tdcto govern
ment Of San Juan, but, in con junction with
Great Britain, had ordered its officers to sns-
tain the authority Of that government When
Borland denied this authority, and interposed
against it, he was guilty of extra-official aud
criminal apt, and laid himself open not only to
eensure, but punishment; and when he wrote
to the Secretary of State that the govern
nent Of San Juan was invested with no
right to exercise q jurisdiction over any
part Of Central America he stultifed himself
and disgraced the government which had
committed the error Of placing him in Office;
For, as we have shown in previous article,
Mr.. Marcy himself, while denying the perma-
nent right Of sovereignty to the anomalous
settlement" at San Juan, nevertheless, ex-
plicitly states that the de ytacto government of
the place had been recognized to the extent of
enabling it to "preserve the public peace and
punish wrong doers." This is the language
held by the head Of our foreign office, in his
official letter Of June ., 1853. The case of
Smith, the alleged murderer, therefore came
clearly within the qualified recognition of the
authorities Of San Juan, by the United States
government, as conceded by Mr.. Marcy.
Mr.. Borland's conduct was consequently
not only an ..outrage on San Juan, but
an insult to his own government. The au-
shortly OF the officers of San Juan to
arrest the man charged with murder, as well
Is the propriety Of the step, was, it seems, con-
,eded by the American consular agent, who
vas present at the inquest, and who UNTIL zen
ightened I" by Mr. Borland, was anxious for
he arrest Of the alleged criminal.
The visit Of Mr.. Bosland to the tSwn, after
,is conduct toward the authorities, Yves an i'm
pudent and unnecessary provocation offered to
he people. manifestation of popular feel
ing, under the circumstances, was natural, if
not proper; ana ii Mr.. Borland was not arrest
ID and punished, it was because of the prudent
orbearan0e of the authorities. He was fortu-
nate in receiving no further and severer init
naiien OF the impropriety Of his conduct than
, close shave from flying bottle.
But, for these natural manifestations of peru
lar feeling the Authorities of San Juan were in
no way anenAble. Borland himself says that
they were disavowcd by the chief officers Of the
government, and that the Mayor came to him
in person and apologised fer the acts of the \
persons who had assaulted him.
So far 40 the demand for an apology on
account Of the alleged outrage en- Mr.. Borland
is concerned, there was no ground for proceed
ings against San Juan. The government, in
ordering such demand to be made, outraged
all right and every principle Of justice. 1t
should have offered On apology for the conduct
of its own agent. It grossly stultiicd itself in
the whole transaction, because it had recognized
the authority Of the San Juan government for
the precise ends which Borlands unjustifable
interference prevented being carried out.
But If the demand for an apology" was
unjust and criminal what is TO be said OF the
claim for indemnity on behalf Of the Nicaragua
Transit Company We venture to say that OF
al absurd and utterly unfounded and worth
less claims ever yet urged by reckless force
against unresisting weakness, this demand for
indemnity l. the most outrageous. 1t Is per-
fecily notorious thai the Nicaragua Transit
Company never had $4,000, let alone $4,000
worth Of ilx0a property in San Juan. \ few
rude ans worthless sheds and shops on Point
Arenas, which no one would think Of accepting
as gift, and which il is broad burlesque
to designate as improvements, is all the
property" which this famous company
possesses. The occupation of these was
never intersred with, although their removal
was threatened some ycars ago, because the
company Aod not complied with the conditions
Of the tenure by which they held the
ground a tenure derived from the very au-
thorities whom the company now contemns.
This company claims American protection,
ii has denied the Jurisdiction
Of American courts, on the ground that 1t is q
foreign company. This company affects to
ridicule and dcride the authority Of San Juan.
notN outstanding that IL hunblv solcifel