The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-31

ary, 1864 copy of which report marked A, is here
Win enclosed-fuly shows the Indebtedness which ha
occurred under the above cited article Notwhstandn,
mo large amount due the republic the company only
N rs refusal 70 come to an accounting with thu
government but as the testimony before the commission
iuly establishes, maintained system OF deep and de
oeraie rapd for the purpose Of eludng the payment
company shows that their books kept such way
as to prevent the State from arriving at tcorrec
know'eose OF the net profits, and with a view .o
making the gains Of the company appear less than they
really were.
Blu, ii may be urged that although the company wa,
epdeavorng deprive the State OF just rights still the
controversy to be settled by reference to five com
mssioners chosen under the thirty article OF tn
charter.
For some time past the State has been endeavcring
settle with the company by means of commissioners
Messrs Tcjada Lacayo visit New York the pur.
pose Of settlement and in tho month of July the GO
vernment OF Castelon appointed General then Colone)
William Walker with similar objects. At the same time
the government Of Leon notified the agents OF the
papy thai il would consider any settlement made with
Messrs. Tejada and Lacayo us null and void.
Mcssrs Teada and Iacayo went to New York and pre-.
sented their powers to the agents of the company Their
however that hsy found the company ndisposed TO set
tie Colonel Walker, early in September last presented
bis credentials to the agent in Virgin Bay who informed
him that he had sent copy OF the powers 10 the Presi
dent in New York. No steps were ho yeyer tas en- to
arrange any settlement with the company that tims
Soon after the late provisional government organ
lied IN November last the Minister OF Hacienda sent
formal notice to the president Of the company perempto
ry requir appoint commits sioners 10 settle the
matters in controversy with the government oths the
President replied In letter. enc osine opinion Of the
course OF The company copies Of which are herewith
IL impossible to be struck with the evaslve ma
ture OF the reply made to the Ainster Of Hacienda II
the company nasmuch as they had appointed two com.
missonSrs 10 act in conjunction with two others appoint
ed by Nessrs Tejada and Lacayo. Now is clear these
four bad power to act under the thirty hrd article
becTc fifth appointed and the company has nevcr
asserted pretended that ath appointed before
the powers of reada and Lacayo for nay revoked
Hence 1t subterfuge for the company to re
fuse TO comply with the explicit demand of the Minister
Of Hacienda
But the opinion of the counsel Of the company and the
action Of the President based upon than
subterfuge. They were direct indgny TO the govern
nsnt Of Leon under whose auspices chiefly the late pro-
vsiopa government formeo for they entirely ignored
the protest made by the Director Cateon against the
latter the duly and only constituted agents of the
public As the government formed under the treaty OF
29d October, 1876, instituted for the purposes Of
peace between the old parties, could not fail to be
prsed and startled at the nsoence OF poraton which
attempted to eopen the old wounds by persisting in
treating the government of Estrada the only legitimate
prior TO the inauguration OF President Riyas.
The tone Of contempt for the will of the republic OF
Nicaragua which prvades the letter Of the counsel OF
company Ia q fair specimen Of the manner in which this
CORPORATION has always treated the gov The uni
form policy of The company has been to encourage first
enc party AID then another In the State thus keep
ing the republic always in turmoil, and without
authoritits powerful enough 10 enforce It's claims
against m debtors In the same spirit the counsel OF the
company, after the notification OF the Minister OF Hacen
"a continued to threaten the government that II the
State would net settle on terms acceptable to them they
would break up the transit and take their steamers from
the lake and river Under such circumstances with
such tbi eats, nothing remained but to dissolve the
pany snd place s property 10 the hands OF receiver
for the yay OF Its just liabilities This was done by
decree, dated 18th of February 1855.
In dssoving the company the State careful not to
take any Unfair advantage 0! the fahess and criminal
acts Of the company Board OF Commissioners ap.
ronted to take charge OF the property seized to cite the
company through its agents appear and answer 10 the
charges made by the State and TO give these agents
ard OF beng heard counsel in def OF the corpora
ton. Provision made for preventing any nterrup.
ton in the transit and far possible the interests OF
innocent 10 rtics were Caie.Uiy secured.
Ear from appearing before the Board OF Commissioners
TO the claims OF the government the Accessory
Transit Company has persisted in It's old hostility TO the
officers ard agent, have constantly deprec ate
tfe government misrepresenng acts and caumniat
ing iis intent Herewith enclosed the honorable Min
lister OF the Jrred States viii please find letter OF In
structions, marked II, written by the Vice President
the company to Its agent at Pun'a Arenas and plainly
manh sting the spirit and designs Of the corporation
This letter attempts 10 represent the officers and agen
OF this government engaged In liratca enter prses
and seeks 10 stimulate British naval officer 10 interfere
with the American flag for the purpose Of carrying out
the views OF a commercial company.
Whether judged by the strict letter or the law, the
written charter, or by an enlarged equity which leads
State TO be euent 70 a corporation II has created
when II endeayors TO comply with its engagemenis the
Accessory Transit Company deserved to be dissolved
Ard the urder Is satf led that the thoroughly
tie matter examined and the more fully the facts
known md investgai a. the entirely will the Hon.
oable nrser OF the United States be convinced o. the
justice Of the course pursued by this rcpablc.
Tie urdcrs'gutd begs the Honorable xr. Wheeler 10
ed consideration JOHN l.. RICHMOND,
Unoer Secretary Of State for the republic OF Nicaragua
To the Bon. JoHS ii. wHEEIx, Minister OF the United
States near Nicaragua.