The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-15
monopoly Of the Panama route the advantages Of which

TO California inoalculable
As American citizens they stand upon the spuations Of
duly signed and solemy ratified charter which says
that "n Of dispute between the company and the
government all matters controversy shall be submitted
TO arbitration and the mode Of appointing the arbirators
R emnenty favorable 70 Nicaragua, inasmuch as tne
third arbitrator must be apponteded by foreign minis
ter resident at Washington 10 needless 70 point OUT
how wise and prudent this arbitration clause becomes
in all dealings with the semi civilized governments Oh Yen
tral America What sane man would embark hS means
In an enterprise which might be defeated by the caprice
Of despoc rulers in countries where law Is an un'eng
bic farce2
1he federal government wisely protects the company in
s rights until by the decree OF arbtators tncy sna DC
declared to forfeited Whether no the President OF
Nicaragua has declared its rights 70 be forfeited We DO
not know is material to the ISSUE He ON his side
company it's side denies that they have
in any respect conavened the spuatons Of their char
The question is for neither one nor the other to
decide arbitrarily The company demanded formally an
arbitration on their points OF difference with the Ncara
guam government and they make heavy claims against
that government, which must eventually come be.
fore the federal government 10 be enforced II
Nicaragua should persist in refusing to come
TO a settlement by arbitration, and If it should
be enforced in the way which the obvious duty of
the federal government demands, the much talked Of
claim of the British Subjects Manning and Gcnton, will
shrink into insignihcance
With the pecunary question this public has, however,
but Little concern; but has an interest in nterposng its
moral weight to give counenance the company which
stands contI stipulation opposed TO the
arbitrary act of President Martinez, who would despoil
this American company Of its rights without trial. in the
foI mutually prescribed IN solemn contract repeat,
the company having contract duly signed and ratified,
cannot be allowed to be dspossessed of that contract
either because Frenchman offers TO do better for Mica
ragua indeed American citizens Will accept Of less
favorable conditions from Nicaragua.
II may be- and doubtless is opposed to all the ideas Of
military chieitain, IN Central American gy, olgarchy,
contract-eaving all other possible or probable
motives out OF the question at present. but what intend
to insist is that the compony having arbitration
clause in ts contract must be sustained in its unequal
contest with unscrupuous foreigners by the warm sympa
h s an sney wv woaa invoke
the duty Of the press TO demand that arbitrary
act should be allowed TO nvadae the company's char
ter but should insist on the arbitration being enforced
the company and the agree between
themselves. But submission to tyranny to des-
by the American people, CALIFORNIA
The State of Nicaragua originally granted to the
pany the exclusive right and privilege Of constructing
ship canal its territory by single route and at its
expense from the port of St. John Nicaragua any
feasible point the Atlantic to the port Of Reaeo
Gulf of Amapola Fonseca, Tamarinda, any other
point on the Pacific which the company might de-
eide upon The rights and privileges granted the
pany to be enjoyed for term Of eighty five years.
counted from the day which the canal should be
pleed and put in nse-he company agreeing to pay for
the grant the following sums-Ten thousand dollars, by
draft on the company in New York, the
ratified by the Legislature Of the State ten
date and ten thousand each year after until the compile
on Of the cana-the company also making free dona.
ton Of two hundred thousand dollars OF stock the canal
In the company should require any materials, such
wood, lime and stone, which might be found on the
lands Of particular individuals obligated pay for
the Mt such prices might be agreed upon between
the company and such individuals. Relative 70
the tariff OF fees and tolls for the tranmisson
Of passengers and goods, the company agreed
TO fix the tolls the lowest possible rate con-
sscnt with the mutual both Of the State and
the company BY article thirty three Of the grant, the
State bound itself TO protect and defend the company
the full enjoyment of the privileges granted, "no
tract with or cedc TO any government individual or com
pany whatsoever the right OF constructing ship canal
railroad other communication its territory
between the two oceans Yet while the contract ad
miited by the State TO be n force the government In
defiance Of this provision made three To other
partes-one for ship canal and for purposes
Is s s q isss s;s II s.s SS ,Ss
Commissioners zcpeda Jnares md whse, and RATIFIED by
se & q Sn ss Ss Sc.
ragua decroed that, whereas had been
determined by careful apd thorough examination made
by competent engineers Nt canal Of the dimensions
qucd by the contract could be constructed
Of want OF Of sufficient depth in the Lake Of
canal upon the part Of the company was dis.
pensed with, and In lieu Of said canal, the
between the two oceans, communication by and
raMrsad within two from the ratification Of the
tfct-the part Of the communication OF water being the
river San Juan and the Lake Nicaragua and the railroad Vi
be coruced from the said lake 10 the Pacific That
contr ratified by Martinez and Jerez the 2Tth OF
June @ sy the Constituent Assembly on the l4th day Of
November s5T From the latter period therefore, the
company have two years 10 'csablsk" !" viz complete
and hn ti railroad and water communication
the territory Of the State The article In the primary
referring 10 the 10 be Td the company
stricken out and the following substituted said
State shah dollar ana dty Gents for each and
every adult passenger carried by the company the
State and for every passenger under fourteen of
seventy ccnts and by the article the right 10
convey by carriage road permssary not
compulsory and optional with the company "
not In the articles Of the 26th OF October, 1857 the
company II granted two years IN establish make the
transit but time n fixed within which 20
establish make H. Article No. Of the cxpanatorcs 10
remedy this defect fxcs the period Of ninety days The
agent and employees on the line. The words commence
20 make have been translated BY parties Nicaragua
"io have made or done and In usen However, com
does not 20 nish The construction of the
words cannot admit of dispute They Ok the time for be
ginning the work and article second desgnacs years
the period of completion. by the explanatory articles
Il provided that "for any wful breach perform
Of thcse spustons Of the others contained in
the contract o the 10th of June the Of Mica
ted the question 10 the decision OF srbraiors and
they shall decide the question against the company The
State therefore, cannot snnu for wul breach until after
finding by arbtraers and there has been decision
by submission 10 them, the contract force
should there be any number of wilful violations The
character of the breach being determined, viz, wifu
and the mode a emolument fixed, all breaches OF any
other character and all other modes excluded for
hidden 10 the States.