The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-19

the manner Indicated Yours truly,
(Signed) TIi0S. LORD, Vice Presl lent
hereby certify that TIE foregoing s the genuine sig
nature Of Thomas Lord ESQ., the Wee President Of ina
Accessory Transit Company OF Nicaragua
Walker and the Transit Company.
REPORT OF THE COMMISSIONERS 10 APPRAIsK THE
CohPANy's PROPERTY AND ASCERTAIN ITS IN
DEBTEDNEss TO NEUTRALITY-SUSPICIOUS. STATS.
TIcs-THx COMMISSIONERS srATsarFT-THE COM.
PANy IN BEBT TO WALKER TO PIE AMOUNT on
s250,000, ETC, ETC.
The Commissioners appointed BY decree ol the govern
ment of Nicaragua dated February IS 1856 TO examine
.iquidate and ascertain the due by the Amsr
Atlantic and Pacific Ship Canal Coapany hesass"
beg leave to submit to the government the following
REPORT.
In pursuance OF the authority imposed by the deeree
the Commissioners proceeded al 70 the discharge
their duties causing TO be seized forthwith the property
belonging to the above named companies and eatrustng
70 responsible persons TO be held by them pending the
progress Of the examination and subject to the subse
| quont order Of the Board OF Comm nss!oners.
In conformity also with the requirement of the seventh
section Of the decree, three competent persons a-
pointed by the Commissioners make fair md Just s-
prasemen of the property seized by them security fe
the payment OF the amount that may be aceaned be
due by the companies to the State.
The appointees OF the Board Capt Joseph ~ Sc
late agent cthe Transit Company Senor Dolores Bermu-
das, aid Lieutenant Colonel Byron Cole. These gsa-
tlemen proceeded Immediately to fulfil their re-
sponsble trust obtaining from the various axeo-
cies on the Isthmus schedule inventory Of the
real and personal property and connected win ths
line and business OF the Transit belonging TO tbe
panes in Nicaragua. thorough and digent prosecu-
ton of their labors enabled them arrive q, fair and
equitable estimate of the value Of tho whole property
The total Of the valuation agreed upon by the ap-
prasers and reported to the Commissioners amounts 70
one hundred and sixty thousan. one hundred and
twenty dollars and five cents In this estimate "a noe
uncuded the vac Of the roads piers, wharfs and other
| kindred local improvements.
The Appraisers in their report to the Commissioners
! say
"We have patiently examined the entire property
Of the American, Atlantic and Pacific Ship Canal aad
Accessory Transit Companies, from san Juan dei esr
San Juan del Norte Whenever have been in doubt
the present value Of any portion Of the property W
have called n able advice and assistance"
Immediately succeeding the publication Of the decree
aDnulng the charter Of the 80 companies and the pre-
min,ry action taken under H. the Commissioners advised
the Presden, of the Accessory Trans, Company in New
York Of the proceeding they had instituted and forward
cd at the time copy Of the instrument Of authos
zaton.
The same pursued towards all the agents q
the company in Nicaragua and sufficient time extended
by the Commissioner before the prosecution OF the
animation, 10 admit OF the reception OF any
evidence from the company by Shich its interests
might be defsnded, and the business aud integrity Of
i,s scios vndoated As the privilege OF representing
and defending the interests of his principals given
by the decree the agents In Nicaragua the C,mmls
sioners anxious afford any facility their power
that would enable them TO traverse the claim OF the 70
vcrnmcnt and justify possible, the alleged default o
No response was made within the ample time Afforded
nor has since 6cen madc-to Tho communication Cd
dressed by the Commissioners to the President Of ths
company In New York and they strained by
considerations Of duty 10 comply Mt with the require
ment Of the government, and facilitate promptly e
practicable the discharge OF their responsible and mpor
tant trust.
upon the basis OF which the charter Of the
companies nnnued to which might be added others
OF equal cgcrey revealed In the progress Of the exam
nation before the Commissioners. A. their duty hos
ever Is cophn a simply 10 the examination iquidatio.
and ascerainmeut the amount due by the
the State the invest gaon Of the grounds UPON which the
forfeiture predcaed and declared excluded from the
province Of their legitimate considerations. Tho Comms
soners therefore In the prosecution Of their bors have
limited their investigators 10 the requirements imposed
by the decree, without regard TO the importance OF
rious developments, affecting In other ways the good
faith and integrity Of the companies TO the government
Article nth q the amended and nnal charter granted
by the state 10 the two companies consisting Of the
persons, and now known and designated only tbs
Accessory Transit Company declares the Agreements
and obligation Of the Company 10 pay 20 the State for
their grant the following sums Of money viz ist Ten
thousand dollars by dram the said company in the
city Of New York this shall be
led by the Legislature Of the state I'd Ten thousa ld
dollars at expiration Of year from this same dse
and ten thousand dollars each year thereafter until tho
completion of the said canal
As an additional recompcnse 10 the STATE FOR i,s conces-
sion Of privileges 10 the Company rather the
al consideration Of the grant Article VI provides thai
The state shall also receive ten per cent OF the
profits without any deduction Of interest OF any
which the company may establish between the two
oceans, whether be by railroad carriage road or By
any other means OF communication during the twelve
years herein grnnted for the construction Of the cans
In the prosecution Of their examination based upon
these provisions and requirements Of the charter tho
Commissioners met with numerous difficulties, and
OF startling prominence.
Article VII Of the grant mperatvely declares ,hss
"ihe said company shall be bound make present
annual report and account 10 the Of
qua setting forth ts receipts aud expenditures which
rcfort shall be certified by the proper officers Of the com
pany' In this essential duty and ga,on &c the State
the company has inexcusably failed and the want of
such necessary data provided tor in this article Of the
charter upon which the Commissioners could predcat
their investigation has been the fruitful Of act-
| ing pcrplsxity and embarrassment
The same article grants also the State "the right
through any commissioners may appoint for that pur.
pose inspect and examnc at any time the books Of the
company satisfy myself Of the correctness OF said re-
ceirts and expenditures"
The remssncss and aut Of The company have derived
the Commissioners Of the opportunity of awaiting them
selves Of this ncstimabe privilege No annual state
account OF the receipts expenditures and condl-
on OF the company appears among the archives OF tho
stae do tho books OF the company wthn the limits
of The state furnish any arpropra,e ar denus 5s, G ~
receipts expenditures and condition 80 absolute has
ts neglect 70 comply with the provisions Of article
seventh Of The charter that but Tor vagrani and advent
tous of Information, the Commissioners wosli
have been compelled to abandon the investigation IN Ut
hops cssnces The persons who the earlier years
Of the existence Of the company, employed ~
agents the sthmus route had ceased be
their respective agences-had abandoned their soouru
IN the countryand et trace record in their Offices
OF the transactions they supervised and the interests they
represented Tho books, they bad possessed any, and
all the records AID memoranda relating r. The business
anu ccud ton Of the 1sthmus Transit instead Of bein
retained IN the Offices for the and Convenience
of their successors 70 the agencies and r Inspections
NJ any time by the Commissioners Of the government we've
/ transmitted by authority 20 the company in New
York. From nc month q August, lsSi the time cf coA-