The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-20
Our Warrington Cor, sspondenee.
WAamNcrov knri II 19

Our Warrington CorI sspondenee.
WAsMSGTos, Apri IL, 1856.
Prosecution Of C1aiss Arising Of TIE Bonboramst Of
Greytown-C0dy's PGtion-An TIN of the Bill Of
Damages Which the United States soiH hare 10 Pay j
one Of General Pierce's Blunders
have suceeeded 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 bombardment Of Greytown in july
1854 This document is interesting nasmuch
by its Arguments the whole OF the issues by that
unfortunate affair. You will find It worth publishing in
full -
To HONORABLE rH JUDGES OF rns UouRr OF CLAIMS -
The petition of Thomas Cody physician respectfully
showeth that he was At the time and
loss by HIM hereinafter stated, and has always bsen
And this petition showeth and sets FORTH tina. in con-
sequence Of the acquisition OF California the United
route transit Atlantic Pacific oceans
the port Of San Juan del More the Of the
Ban Juan river In Central Ameiice became necessarily
the Atlantic terminus of said transit route point
OF immediate ineres, and Of public i'm pOrlauce to
citizens that thereafter the tide OF Amer ente
prise under the auspices Of and directly sanctioned and
protected by the nment OF the United States be-
directed thtter and number OF individuals, prin.
cPay cur citizens sought and obtained the exclusive
right carriers OF passengers and freight said
route by charter to ,ha effect from foreign govern
ment that of Nicaragua in Central America and thus
confined ny said charter to citizens Of the United States
recognized by the laws of the U.ited Sta In AIRY
manner or form that said corporations chartered as
aforesaid, known the Accessory Transit Company
OF Nicaragua, established depot at the mouth Of the
sad San Juan river At San Juan del Nore aforesaid and
OF agents persons in its employ, mostly
citizens, had habitusy residence, transient accoaiisg
to The tenure nature OF their duties respective "
said Depot tn San Juan del Norte and were regarded "a
acted part Of the population Of San Juan del Nore,
while much larger number Of citizens OF the United
States prior to and daring the year 1852 settled
1t sao san Juan del Nore or Greytown, merchants,
otherwise employed in business incident growing
OF the cpening Of sale transit route,
And this petition further showeth tina. In the year
1S48 ana Just prior 10 the said acquisition OF California
BY treaty with Mexico the government Of Great B.itaa
took forcibe Of The said port and Of Sac
Juan Gel Norris the territory ada:ent including
Punta Arenas pertaining 70 part CT the territory
OF the King OF hosq1ito Of whom Great Britain had
theI etore and then claimed to bs the protectors that
the state CT Nicaragua claiming the said port and terri
tory rghuy beor gpg to hsr protested against
act Of Cheat Britain in taking possession thereof.
and endsavoed to retake said port and territory, but
without success and theieupjn the sale State OF MIA
ragua sntered into an engagement or understanding,
with Great Bitan TO disturb her possession of
pert and territory; That upon the said ual
6y Great Criain, the rame OF said port crsrged
Greytowp, src an officer thai Power under the
nom nation OF Her Bi annie NJ esty's Consul General
Mosquito, assumed and ccatinued from thenceforta
exerce and did exclusively exercise until here
matter all gisative executive power and
over said port ana territory including Punta Arenas
aforesaid; That after tbs said occupation by Great
cizeLs OF tie Uni.ed STATES and Of other mathematics
having bect me, and Then beirg, owners OF property
real AND persona at Greyown, or engaged in business
herea and also ia consequence Of certain provisions Of
the convention between the United States and Great
Britain known as the Bulwer and Clayton treaty,
ed into the 10th of April 1850 and of the great increase
OF population and business a. Grey,own the public
vepierce ard safety requiring more stringent police
and better and stronger local administration rea,
Bits rendered renqusbed her then possessioc
and legislative and executive power de Jao and Is far
az tie same was de ure over the port territory in
mi Arah fprnaot ia h.rI NJ
househoders, residents Of GseySown, who tnereup1n
assembled, and in public enlon agreed upon
OF government. and subsequently constitution, and
laws and regulations In accordance herewith for the
az regulation Of the city and port Grey
town. were adopted and went into full effect the 15ta
Of said month Ct April 1851 that by the constitution SO
adopted full provision made for the due adr,nis,ra
tion OF justice, civil and criminal throughout the CITY
and FORT Of Gieytown, and the territory the entire
kingdom Of Mosquito, csed which basis Of govern
nent, constitution, and laws and regulations, ready
be proc used the Pc litioner prays leave to iesr;
And this petition further sboweth and alleges THAI
tie municipal government. instituted continued With
1he concurrence approval AID cooperation Of Great
In the year 1882 which time the number Of citizens
OF the United States resident At Greyso~n having M
creased so greatly as to give them pseponderaing
influence tie thereo, last was re-
modelled more In harmony with the Institutions Of the
United states snd new constitution adopted that oy
1852 to which the petitioner prays leave TO refer-ths
bon ncaries OF Grey town defined SIS fo,iows:--
Noemnereirg at the mouth of Indian river, themes
miles, rhence in cirt line to include the head of
Machuca rapids thence down the San Juan river to 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 vas established founded popular consen. alone
mon law and the decisions Of the Supreme Courts OF
the States were substituted for the system there
to'ore in force, end full provisn made for The due
ADMINISTRATION of justice, civil and criminal within said
And this petition further showe.h and alleges that
said last mentioned system Of government
into operation and continued from thenceforth in tu
force and effect until, except herein after sisted
that It instituted, In ccntir Of the previous
unicpsl oIganiza'ion aforesaid, for the protection of
the HE, liberty and property, we'll Of citizens OF the
United States and Others In transitu OF a
others within ana throughout its boundaries afore
said that maintained and enforced good order and
spect for law and the rights of person property by
sound regulations and effective police and discharged
its duties faithfully and WE'LL and eectua every
purpose OF good government there necessary that the
leoen.s at Grsytovn, by whom it wss controlled and
administered, were peaceful and industrious communi
entitled 10 sepec and protection that the nusn
tia portion Of The community living un6erit by whom it
was iornec, consisted Of citizens of the United States
large proportion OF its property and Interests belonged TO
our citizens there or elsewhere, and generally it's ns
utions laws and ussges those Of the United States
hat it organized from necessity no. usurpston
the rights any State or existing political body but
default and for want Of protection from any such State
1r or citizens of the United States and Others
r0Hsu, resident within and throughout said boun
lsries; that it instituted by consent number OF
zee men capable Of majority Of selfgovernraent In
Per'OIhance OF Tgns ana q ~ time and under
which rendered 1t expedent SO TO act and
in order to obtain that safety snd security for which civil
society was first Hghtuly instituted and entered into by
men, that il established with the concurrence and
by the mutual consent and under the of the
nts Of the United States Great Britain and
after its organization ntnued to be up TO
and after the month OF June 1858, and while it lasted
by the government Of the United States for the pur
Of the public and punihng wrong
and said government OF the United States main
tar ed commercial agent resident Grey ~n duly &C
TO the local authorities thereof but said last
mentioned government OF Greytown was provisional
merely and government dc faco per ding negotiations
tor the settlement Of the Central American and
such was expressly by the
OF me United sa'es and Great Britain between which
such negotiations were pending, by II instructions
which we're furnished in the spring Of 1862 70 hei
Iecve naval Commanders 10 Central America directing
them to support In conjunction, and pending said ue0o.
tsons for the settlement Of said Central America cues
,ion the said dc oco government OF Gregtown, which
we're not at erwaros withdrawn.
And this petition further showeth and alleges that the
OF the said government Of Greytown extended
to and embraced Punta Arenas that guardian OF the
port juri.dction IN said Punta Arenas