The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-20
Our washington Cor, ss,,ondence.

Our Warrington Corr sspondence.
WASHINGTON Apri IL, 1885,
Prosecutions Of Claims Arising Of ne Bo,nbaydmet Of
GreySorn-Cody's Paison-An I'm of the Bill Of
Damages which the United States soil haze to Pay for
one Of General Pierce's Blund<rs
have succeeded in obtaining copy of the petition
before the Court Of Claims of DR.. Thomas Cody,
physician practising at Greytown and citizen OF the
United States for ndem MITIGATION for the destruction Of
his property by the bombsrdment Of Greytown in July
1854 This document is nteresrg inssmuch
by its Arguments the whole OF the issues by that
unfortunate affair You will find 1t worth publishing in
full -
To THE HONORABLE THE JUDGES THE COURT CLAIMS -
The petition of Thomas Cody, physician respectfully
loss by him hereinafter stated and has always BEEN
citizen OF the United States.
And this petition fhoweth and sets FORTH tina. in con-
sequence of the acquisition OF California By the Urited
States, and the open ing thereupon OF tire Nicasagusa
transit between the Atlantic and Pacific oceans
the port Of San Juan del More the entrance Of the
Ban Juan river In Central AueIics became necessarily
the Atlantic terminus of said transit route and point
OF immediate interes. and Of public importance to
citizens that thereafter the tide OF Amer ente.
prise upder the auspices OF and directly sanctioned and
protected BY the nment OF the United States be-
6irected thither and number OF individuals prin
cPay citizens, sought and oota aed the exclusive
right carriers Of passengers and freight over said
route by charter to ina. effect from foreign govern
ment that of Nicaragua, in Central America and thus
became foreign corporation no. exclusively or .. all
confined ~ said charter to citizens Of the United States
recognized by the laws Of the U.ited Sta In AIRY
manner or form; that said corporation, chartered rs
aforesaid, known the Accessory Transit Company
OF Nicaragua established depot At the mouth Of the
saio San river San Juan del Nore aforesaid and
. numper OF agents persons in its employ mostly
citizens had habusly residence, transient accazi$g
to The tenure nature OF their duties respsctive ~
said Depot tn San Juan del Nort and regarded ~
acted part Of the population Of San Juan del Norte,
while a much larger number of citizens OF the United
States prior to ana during The year 1882 settled
at saio san Juan del Norte Greyto merchants
out OF the opening Of saio transit route, in
with the inferior theretrom
And this petition further showeth that in the
1848 and Just prior TO the said acquisition OF California
by treaty with Mexico the government Of Great Btla
took forcbe OF The said port and Of Sac
Juan del Norris the territory adacept including
Punta Arenas pertaining TO part CT the territory
Of the King OF Mosquito, Of whom Great Britain had
the then claimed to bs the pcotec.or thst
the State Ct Nicaragua, claiming the said port and terri
tory rghtuly beor gpg to protested against
act of CHEAT Britain in taking possession thereof
and endsavored TO rsake said port and territory but
without and the cup the sale State Nisa
ragua sntered into engagement, understanding,
with Great Bitsn NOT TO disturb her possession OF 'ad
and territory that upon the said ual
by Great CriIsn, the rane oil said port cnsrged
Greyown, anc An officer OF thai Power, under ths
non inattn Of Her b. annie Ms estys Consul General in
Mosquito assumed, and ccntinued from ,benceforsa
exerc,e, and Did exclusively exercise until here
matter stated all gislative and executive power and
over said port and territory including Punta Arenas
aioresad that after the said occupation by Great
Britain and in the month of April 1851 sundry persons,
having bect me- ard then berg, owners OF prop.rty
real and personal at Greytown engaged in business
therea and also in consequence Of certain provisions Of
the convention between the United States and Great
Britain, known the Buwer and Clayton treaty, enter
ed into the 10th Of April 1885, and of the gea. increase
of population and business az Greyown the public
vepieIce ard safety requiring stiin gent police
and better and stronger LEGAL administration, Grea,
Britain surrendered relnquisbed her then possessoc
ard legislative and executive power de taco and far
az the de ure the port territory in
cudiDg punta Arenas aforesaid, INTO the hands OF
householders, residents Of GTeyown, who tnereupon
assembled and in public entlon agreed upon basis
Of government. and subsequently constitution, and
laws and regulations In accordance Herewith, for the
aLd regulation Of the city and port Grey
town were adopted and went into full effect the 15th
OF sad month Ct April 1851 that BY the constitution
adopted full pro vision made the due adminstra
tion Of justice, civil and criminal throughout the civ
and PORT Of Geynwn and the territory OF the entire
kingdom Of Mosquito Called which basis govern
men constitution, and laws and regulations, ready
be proc uced, the petitioner pray leave TO refer
And this petition further showeth And alleges that
the municipal government instituted continued, With
Britain full force and effect up to the Goth of March
IN TIE year 1907 at which time the number Of citizens
CT the United States resident ut Grty.own having
influence, tie thereof last aforesaid was re-
modelled more In harmony with the Institutions Of the
United States, and constitution adopted that by
said clps'utons adopted the said 10Th OF March,
1857 70 which the petitioner prays leave to refertbs
bouncsries CT Grey town were defined SIS fo!iows:-
"Ccmnercirg at the mouth of Indian river thence
running Up through the channel Of said river fifteen
Macbuca rapds thence down the San Juan river its
junction with the Colorado, thence down the channel OF
the Colorado river 10 the Caribbean Sea-
Ard also, by said constitution, democratic govern
ment ss established founded popular sone
Common law and the decision. Of the Supreme Courts OF
the United States substituted for the system there
toore in force and full provision made The due
administration Of Justice civil and criminal within said
boundaries.
And this petition further showe.h and alleges that
said laat system of government went At
into OPERATION and continued from thenceforth in tu
that It instituted In continuation of the previous
municipal organization Aforesaid, for the protection of
the e liberty and property, we'll Of citizens Of the
United States and Others in transitu OF all RESIDENTS
and others within and throughout Its boundaries aore
sad tbatt maintained and enforced good and
rpect for law and the rights of person and property by
sound regulations and effective police and discharged
its duties faithfully WE'LL and eec uai for every
purpose OF good government there necessary that the
RESIDENTS at GrsytoVn, by whom it controlled and
adm Mustered, peaceful and industrious communi.
ty engaged in lawful and aue able PURSUITS and such
tia portion Of The community living uneerit by whom it
was ornec, consisted Of citizens of the United States,
large proportion of i property and Interests belonged TO
our citizens there or elsewhere, and generally its nst
,uions, and usages those OF the United States
that it organized from necessity, usurpston
Of the rights Of any state or existing political body but
boo or citizens of the United States and others
yonsu, resident within and throughout said boun
carries; that II instituted by consent of number OF
free capable Of sorty and self-gover nraent In
performance of RICH. and duty, at time and under
ances wnlcn rendered IL expedent
in order to obtain that safety snd security for which civil
society was first sghtfuy Instituted and entered into by
men; that it established with the concurrence and
by the mutual consent ard under the protection Of the
nts Of the United States Great Britain and
after its organization ntnued to be recoen sed up 10
and after the month OF June, 1853, and while it lasted
by the government Of the United States for the pur
of preserving the public peace wrong
and said government OF the United States main
commercial agent resident at ~n duly
credited TO the local authorities thereof but said last
mentioned government Of Greytcwn was provisional
merely and government dc fao pending negotiations
for the settlement Of the Central American question: aud
as such expressly acknowledged by the
Of the United sares and Great Britain between whi:h
such negotiations were pending by the instructions
which were urn he'd in the spring 1862 hei res
pecve naval commanders in Central America directing
them to support in conjunction, and pending said uego
tAtons for the settlement OF said Central American cues
uon the sad de tocto government of Gregtown, which
Instructions were not Afterwards withdrawn.
And this petition further showeth and alleges that the
authority OF the said government Of Greyown extended
to and embraced Punta Arenas that guardian OF the
port Jurisdiction in said Punta Arenas
necessary TOR the public purposes Of police ploage