New-York daily tribune., 1856-09-01


forfeited.
TIE Anne rican Atlantic and Pacific Ship Cam. Com
pHny was chartered for several purposes. IL obtained
The privilege Of bui ding chip cans across the trn-
tory OF thus Republic certain terms aad cosdtioosy
ep, - iouno the sh csns impracticsbls, It nighs
ial9l me contract by constructing railroad, RAJ
aNu ciflsg- r ad ard water communication be,weea
tbe t*o c'tars The Accessory Tfansi. Company diff
itieo 'r0in The ship Canal Company in bavne one OBJ
If the ship carsl Wv ' ''-
The President OF the ate Acoessorv Couo.rr !, .
ever 10 ne hon. Mr.. Marcy dated March 20. 1856,
oecsre1 'nst snip csns oi th- requisite depth wn
Company Pr,-itent be corec' Il /. ce., ,h., ~.
/" cole obi CT OF the charter cannot be atAinsd -
therefore that al privileges granted under n Az. So,
feited by ACKNOWLEDGED inability 10 perform ,hs q ~
tious of the gart Bu a. il further 10 Justly ths
oourse the Go'eIDmen' hss pursued the President. Il
,he Compsny ssys IN the sane Letter:
| The Accessory Transit Compsny is an association
composed of American citizens, whose principal blsi-
nes is that of common carriers Of passenger. aud
freight from N,w-York 20 California. For conven-
i.ute OF trsrs the Ishnu- the Company found
ce,say obtain q after ani sc;s OF incorpora
| ton fnm he State Cf Ncsr-gus.'
II the "Iiin pal business of the Company was as
thus stated-aud there can be doubt OF the fact
the triyil ge- of the charter diverted from the
sole object Of the grant TO another aad entirely
different purpose. Ii i, an unhappy admission for tho
Accessoiy Company 10 say that II obtained its chart T
uer,y "tor convenience Of transit scns the 18TH
nue. Tie Republic had TO such obec.s when Il
grsnie the ac, of incorporation. This peryersioa Of
the privileges OF the mpany to purpose almost
purely etsh and but little connected with the inter-
tsts OF TIE X, public, wJa.d Of isef be sufficient
gtouId for snnung the charter
Ints II ir O., from the admit sons OF the Company
t,lf that tie revocation Of the Accessory Transit
charter was an act of strict justice. But there
sso 9TH, and equally powerful reasons for the revoca-
ton Of he principal contract to viii that OF the ltth
OF Augu t. ls5l was mere ad j1nct-the charter VI
the Al sitc end Psciic slip Caua Company.
BY the sixth ait Gle of the s.tpamed chsrer it is
stipulated that the State shall ten per cent
20, the MT pr,hts, ihou any deduction OF interest.
"ct suy !, ute which the Company may establish be-
"t1eeu the two oceans whether Il be by railrosd
iisge road or by any other mesns OF communi,a-
zion driing twelve years herein granted for the
"silCction Of said canal
lie report o. tue Commss iopers appointed under
dtcrCe OF tls Government, dated 18th February 1855
-accpy of which rrpor', naked A, is herewith in-
cost d-tully shows tie iLdebteo ness whcl has ac-
crued under the above cited ar lie. Nowithsta ding
the large amount due the Repu bic ths Co npany not
only persisted in s refusal To CONS to an accounting
with the Govelnme I, but as the testimony before the
stoun ltsl0n fully establishes, maintained n system
of de ard deliberate fraud for the purpos of eudng
! tie psym Of it, ju't uabiie'. Ths testimony of
the agen,s Of the Company shows tna, their books
kept in such way to prevent the State from
arriving at c,rect know edge Of the net pIohts, and
with view of making the gains of the Company ap-
| gear lsss than they really were.
But it may be urged that Sltaough the Company was
! deeply nGeb ed 10 the Government and was frsudu-
lently epdesvorirg 10 deprive the State of its just
rights still the controversy 10 be settled by refer
to five Comm sioners, cdoeen under the thirty
| third article of tie charter.
For g, me time past the State has been endesvoring
! to settle with the Company by means of Commission
| ers. The Government OF Esraca, in June, 1855. az
pointed Messrs Teads and L-cay 10 visit New York
i,r the purpose of settlement and in the month Of
July the e. verpmeut of Castellon appointed Gen.-
! then Col VIM. W aker with similar bects. At the
time the Government of Leon notified the agents
OF the Ccmpsny that II would con slider any settlement
made With NJ. Tel ada and Lacayo null and void.
| Messis. Teisda snd Lacayo went to New-Hork and
| pfe ed heir I q hp COmDapy.
| Their correspondence with the Government of Ora.
nsda shows, however that they found the Company
hdsposed to settle. Col Walker, early in September
last, preserttd hs credt nila to the agent in Eugn
Bay, who informed him that he had sent copy Of thu
powers to the President IN NeS York. No step, were,
| ioweyer taken 10 arrange any settlement with the
| Con lany at that time.
| 5, OF after the late Provisional Government was
o.. snized in No, em0er ast tine Minister o Hacienda
formal notice to the fre;ideht OF the Company,
Ielenp Only requiring him to appoint Commissioners
to settle the maters controversy with the Govern
| n ent. To this the President replied in letter, IL.
coeing opinion of the counsel OF the Company,
copies of which herewith ncosed msrked aud 4.
Ii is possible not to be struck with the eva-lys
nature of the ply made to the Minister of Hacienda
1t is stated that the matter had passed out Of the
| hands of the Company, inasmuch a. they had ap-
Ioined two Coma issioners TO act IN conjunction with
| Two Others appointed by Messs. Tcada and Lscayo.
Nov, clear these four had power to act under
the thirty thmd article before fifth was appointed;
| sId the {, mpaDy hos never asserted or pretended
tbst fifth appointed before the powers of Tesda
ara LscsJo wsie formal revoked. Hence it was q
ere suberiuge for the Company to refuse to comply
with the explicit demand of the Minister OF Hacienda.
But The opinion of the counsel Of the Company and
| the action of tie President based upon 1t were more
tLsn subierfuge. They direct indignity to
the Government OF Leon, under whose auspices
chiefly the late Provisional Government was formed;
for they entirely Ignored the protect made by the
Director Casteion against tue appointment of Iejada
ana Lacayo. and recognized these latter rs The duly
a. only constituted agents OF the Republic. AS the
Government formed under the treaty Of 2Jd October.
| atyat aafna hafU
the old parties, could fail 10 be eurp ised and
startled at tie iusolence OF corporation which at
| tempted to reopen the Old wounds by persisting in
| treating the Government Of E,ra,a the only
legitimate one prior to the Inauguration OF President
| Riyas.
The tone of contempt for the will Of the Republic Of
Nicaragua whcE ptrvades the letter Of the counsel Of
the Con pany, IL tar specimen OF the manner IN which
this corporation has always treated the Government.
Tie unliom policy Of the Company has been to
age first arty then aLober in the State thus
keeping the Rpubic always ia turmoil and without au-
titles powerful enough to enforce ITS claims against A
In the spirit the el Of the Compa
ny, after the Notification OF the Minister Of Hacitnds
continued to II rat@n The Government that if the State
would settle on terms acceptable to them they would
| break up the transit apd take their steamers from
| the lake aid river Under such circumstances, and
with such hreas, LOihIg reslt I'd but ~ drsOve the
Con paDy ard place ts property in the h.nds Of
cever for the paymen Of its just Liabilities. This
was Gone by decree, da.ed 18th OF February, 1856.
In dissO.vDg tie Company the State careful not
to iske any unfair advantage O the fathess and crmi
mel acts OF the Company. Board Of Commissioners
appointed to take charge OF the property seized,
to cite the Company through its agents to appear and
enswer tie charges made by the State, sLd to give
there ag-ts the privilege # croes-examinrg Gnd pro-
dtcins witLeses and OF biug heard by counsel in de-
tIse Of the CORPORATION. Provision made for pre-
vtnng any interruption in the transit, and as far ~
possible the ntere cts o nnocen. parties were carefully
secured.
Ear fom appearing before tire Board of Comms-
ri claim nt thA (...UAr