The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-29

eeee which said rights and privileges subsequently
whereas consideration Of said rights ana privileges,
said company agreed TO construct ship canal the
territory Of the republic from the port Of San Juan del
the port Of Reaco Gull Of FonseCa TAmArinda San Juan
del Sur, or any point on the Pacific Ocean, which the
that the construction and completion Of sad canal
any part Of IT, should become impossible by any unore
seen want or nsurmountabe obstacle Of nature. 70
struct railroad, or rail and carriage road and water
communication between tho two oceans; and
Whereas, the said American Atlantic and Pacific ship
Canal Company have not constructed the said canal
Commenced the same but on the cootrsry have aban.
doned the undertaking and declared mpFactcabe, and
have also failed to construct railroad rail and car
riage road, - they agreed 70 90; ana
Whereas, the said American Atlantic and Pacific Ship
Canal Company bound by the terms Of said charter
annually, and ten per cent the mel profits Of any route
the company might establish between the two oceans
during the term allotted for the completion Of the canal
whereas the said American Atlantic and Pacific Ship
Canal Company have failed 70 pay annually SAID Yea
profits falsely and ffsuduenty alleging that profits
were made and no commission due; and
Whereas, by the said charter stipulated that for
the purpose Of settling all matters In dispute between he
State and the company, commissioners should be sp
pointed by the State on the ono part and the company on
Whereas on tho 18th day Of November. 1865 tho re-
public Of Nicaragua notified the said company appoint
commissioners, under the charter and the said company
expressly refused the same and
Whereas the decree OF the 9th day OF March 1850
the said company made body polite and corporate
with perpetual succession by the name and description
OF 1.-The American Atlantic and Pacific Ship Canal Com
whereas on the l4.h day Of August, 1851, thsrepub
lie OF Nicaragua, with the sole object Of facilitating the
maritime canal, and In accordance with the desires
pressed by the company Of said canal, to divide and
the part therein relating to the navigation by steam Of
the waters Of Nicaragua, did constitute company,
designsted BY the namc of Accessory Transit Comps
n.y." and consisting Of the same persons comprising the
American Atlantic and Pacific Ship Canal Company, and
subject TO the same obligations. Now, therefore, the
supreme provisional government Of Nicaragua in virtue
l. The grant to the American Atlantic and Pacific Snip
Canal Company Of date 22d september, ls4s, and the
modification thereof made 11th April 1850, and all the
privileges therein contained revoked and annulled
The Of incorporation Of date 9th day Of March, 1850
and Of the Accessory Transt Company Of date i4h day
Of August, 1851, are annuled and the said American
Atlantic and Pacific Ship Canal Company and Accessory
Transit Company are dissolved and Abolished except for
the purposes bert matter mentioned.
2. ST. Don Ceto NAyorga, Sr. Don Edward J. @ Kewen
and Sr Don George Alden (any two Of whom may
acn are hereby appointed : board Of conmissiooers
amount due by the american Atlantic and Pacific Ship
Canal Company and Accessory Transit Company 70 the
and TO enforce respect and obedience 70 all their orders
and DEGREES
8 The said board shall proceed at once 70 discharge
their duties, and for this purpose shall notify the agents
Of the companies residing Nicaragua TO appear before
them forthwith 70 give all evidence that may be required
Of Them and with the privilege 70 defend the Interests Of
4 The said companies rhall be considered stil IN
existence for the purpose Of conducting this examnAson
and for the purpose Of beng held collectively responsible
for such sum q may be Asce' tanned 70 be due 70 the
State, but for NO other.
s. For the purpose OF securing the payment Of such
amount raid board find due, they are hereby com
mAnded cause ali the property Of said COMPANY 70 be
seized forthwith, and held By responsible PERSONS sub
o. That the transit Of passengers Across the thmus
may suffer Interruption, the board authorized 70
deliver 70 sucn responsible persons - may make sppics
m 10
ing . bond In Q sum one fourth greater than fs ap
praised value and with the condition that the same
sba be forthcoming when called for bv the said board
and that the urdertakers In the bond shall con-
nue to transport the passengers who arrive on the
side OF the Pacific and Atlantic oceans and the expenses
OF trans porng said passengers sha BIO charged against
the said companies.
T. Before allowing the said property TO be bonded the
board sha the To be fairly appraised by three
competent persons appointed for the purpose.
8. The board shall proceed summary and with des.
patch and on determining the amount due from the oom
panes TO the state, sha report their proceedings mme
o. The compensaou Of the board Of commissioners, rs
well a. Of the appraisers by them Appointed, VIII be
TO- Le, this be communicated 70 the proper authores
Given At Granada this 18Th day Of FeSruary, 1859.
PArRlC0 RvAS.
On the following day--19th February further
decree was issued granting to Edmund Randolph
who had arrived IN Granada TN the nick of time
and his associates the same rights and privileges
which the Transit Company had previously enjoyed.
This decree was as follows
TIM PROVISIONAL PRESIDENT THE RxPrmic or NicAlAouA
Whereas by decree OF the 18Th inst the grants 10 the
company for car n navigation from the Atlantic 70 the
Accessory rranst COMPANY dased 90sn Of Angus, 1851
together with the acts Of Incorporation, dated 9th Of
March, 1850, we're repealed and revoked-the govern
ent desiring 10 replace these and secure the ooonuA
ton Of the gsss In The exercse Of IL rights DEGREES The
Propositions fc'iowiIg.-
mund Rsncopn and bis associases tho rGhs snd ercIu
sve privilege for the term Of 70 yes from the date
hereof 10 transport iu territory, by route
alone passcseers and goods from tho port Of S4u Juan
del Norte In Nicaragua, or any other more prac.caoe
port the Atlantic SIDE 70 the port Of Sen Juan del sur
sa On sns
sve privilege TO navigate by steamships All the rivers,
lakes and ntcrsr waters OF tho republic, during tho
to point "a the government OF the republic within
month IRON the date hereof the route they shall elect
q The grantees In consideration Of the privileges con
ceded 10 them obge themselves 70 pay 70 the govern
ment Of Nicaragua one dollar for each passenger whom
O. All the sruces that tho grantees require for
the route for the purpose Of transporting passengers and
soods--such - coal wood, Instruments, nc shall be
admitted 10 the republic free OF all duty may be dis
charged at any Of the ports m the territory that The
grantees may elect and said grantees VIII give notice In
such 10 the governments odoers, furnishing ss
Of the Articles introduced but the grantees shall be
permitted Introduce into the territory Of The republic
any articles Of commerce Tor The purpose Of selling The
without payisg the dues thereon established BY
lay, under penalty. 10.
T. The republic comedies 70 al the steamers and sh,ps
Of the grantee the right 70 enter sa upon ~ powa
rivers and waters eiher the Atlantic The pAoiBc
side well In the Interior without any mpost duty
whatever; and n comedies 70 ihe grantees the use Of
such ancs In the immediate neghborhood Of such ports,
rivers and vaters tbe xanst may be necessary 10
estsbsh verkhops, vharves Offices, sc provided Wa,
no military stations shs be 90 occupied v,ssous he
previous consent Il the governme
g. The republic spulsies tina, all the ships and steam
Of the grantees and al goods and persons transport
Cd By said route From other. shall BE- FREE
and exemps nom every mpost and duty and sha be
cure and protected against any detenoa interruption
on The part q the government
Q. The grantees obliged obtain from the govern.
ment patent for svery ship that the company IN
The interior waters Of the republic and also W furnish
the government every year with list Of all the places n
embaSkansn oocaped In the navigation Of the route,
mentioning their number extent, 40 the governmcut
giving certificate Of regsu for each vessel whscn
certificate win be sufcen, pass port 70 the ports therein
named
I. The grastses moreover agree W e~Nbhsh within
six months from the dave hereof limo Of steamers
between the city Of Ne~ York and port Of San Juan
del Norte IN Nicaragua such other The grantees
may seect on the Atlantic side and setwecn the city Of