New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-03
THE NICARAGUA TRANSIT.
To The Stockhoders Of the american anc and Pacific SHIP
Canal Company and the public
NrM.YoRK Anil %. la6a

cc Ship Canal Company that their Charter had been declared
Company had failed to fulfil its obligations aud he likewise nOti
fed Secretary Cas- 70 the same effect
To the above statement have to reply that re-
ceved yesterday from Gen. Jerez copy OF decree
from the Government OF Nicaragua, in which all that
relates to the abrogaOn of the Charter Of Com
pany is stated in the following words, dated Msnagua,
March 81 1859:
The Senate and Chamber Of Deputies Of the Rputc Of Mira.
Arr The Stebbms Company having fulfilled It's engage.
Nicaragua declares the contract made with said Company
Convention Of 9th October Of the same void aud Of no
effect"
Which is very short and easy way OF getting rid of
contract with foreigners without trial before
peten Court and in defiance of the express terms Of
the contract itself, which says a. follows
Latter of Mr. Secrcfary Cas- TO Minister IGmdr IN
Nicaragua, dated Washington, Juiy D. 1853.
THE United States believe it be their duty and they
IT, watch the persons and property Of their
citizens visiting foreign countries and to intervene for their pro
lection when such action justified BY existing circumstances
and by the law Of nations ,,.
operation where their administration is committed able
PREVENTION will BE- necessary But these elements confidence
and security not everywhere found and where that is un.
fortunately the the United States called upon 10 b.
ysnt in watching over their citizens and to ntepose
efficiently for their protection when they subjected To
proceedings by the direct action of the Government
by is nd position inability to discharge lis duties"
But there another consideration which calls for the stten
have uaous importance they affect ordinary
merely quertons OF yslue political commercial and
they wsntony violated and the safe Of
nteroceac communication put hazard indefinitely
b course Of the Government of Nicaragua with relation tn
these engagements contains nothing in il reaurns for the i
ing with them important vested rights have been arbitrarily
aside BY E1 .enHc o S,, GS re
action Of the Judicial tribunals The United States. sctns IN
behalf their citizens object 10 this of conhsaon and
do
other who have similar Interests in these vastly important
What United States demand is that in all where
their citizens have entered into contracts with the proper Mica
raguan authorities and questions have arisen shall arise
spec,ug fidelity Of their execution, declaration of far
u,e past saH possess any binding force
ie pronounced in eor~y 9th the p1orisioa Of the contract
any, there provision for that purpose, then
unless there ha, been fair and impartial Investigation in such
aud that the decision ought TO be submitted
Without security Of this kind, this Government will
consider itself warranted whenever proper case sris, ia
neposng by such as may think ustihsbe In behalf Of
its citizens who may have been may be injured by such
.ust assumption d power"
Charter of lS49.
ART s. In any dispute controversy shall arise during
the existence Of this contract between the State aud the Com
psuy the shall BE- determined by reference five Com
msone to be chosen in the following uanner-two to be
named the part Of the State two by the Company and the
fifth be- selected by e others appointed who shall hear
same which decision Of the said shall be final
aud without appeal and binding upon both the State and Compa
ART a. lis further provided that in the of the four
Commissioners thus chosen being able upon the
three individuals which number they shall select
such fifth Commissioner but should they dsagree in such
selection then the choice shall BE- made o such number BY
lot.
Convention Of 1851.
IT, order simplify and expedite the object proposd
articles and a Of the contrac, Of the 9TH Of Ausis 1919
whenever be- necessary appoint arbtrsors decide
Nicaragua the Company arbitrator only shall b.
appointed by each party and in Of their Engagement
application shall be made within days the three Oldest
Ministers Penipotenary, Ministers Resident default Of
Pnipotentares, Charges dAfaires in defau Of Ministers
Resident according the dates reception Washington 10
select such third arbitrator and the Minister Diplomatic
authorized select In any Minister or
Charles dAhsires shall himself any shall
be able his place shall be- successfully supplied by
Oldest Minister or Charge dAhares according the order
receptions In Washington until the object is obtained Persons
interested in the Company the officers employees
thereof cannot be appointed srbrators the officers
agents or employees Of the Government Of Nicaragua be APP
foik f''e III ''' wy Vi "e".
ARr g. For suy l breach or non.prforance Of apy Of
these spaion Of the others 10 the contract Of
the l9th Of June Of this pen year the 9th August
S49 the Government Of Nicaragua may annu the said con
tracts after haring submitted question The decisioa OF o,b
traitor. ds 9fyea'd and after they hdA hare decided The ques
These articles Of our Charter are plain and simple
enough, and the words OF Mr.. Secretary Cas- are
clear and unanbguous. We officially demanded an
arbitration OF differences between Us and the Govern
ment Of Nicaragua on the 18th of October last, and
named arbitrator to Minister Yrissalri. Ncara-
u
and SO the matter rests. AZ Company having to do
with foreign Government, do more; our
case is complete and do not seek better it, 1t will
now be for the President Of the United States and
not for this Company, to settle with Nicaragua. II il
direct issue raised by Nicaragua, with full knowl.
edge OF the determination Of the Executive OF the
United States. This Company, relying on the declara-
ton Of alr. Secretary Cas- OF 18th July last sent
out from here three steamboats,, in the months of
August and September for the purpose OF our Transit
across the lsthmus. They were recently seized by
that Government and for which act the Secretary of
State told that he would hold Nicaragua TO strict
account; that the Executive was committed To- u in
this matter.
We have \ claim for damages against Nicaragua
exceeding 81 OOO for stopping Transit for 1T
teen months breaking up the OF our line snd
nfictng upon osses of the heaviest description to
property and business. We do not include herein
The value Of our Charter the large ouays ofmoney
made by this Company in Nicaragua since 1872
We can well understand why Nicaragua would avoid
al arbitration and settlement of differences thereby
according to charter Ii Is much easier to pass a law
or issue an Executive decree regulating debts and
obligations. II such illegal proceeding. can be sus-
tanned in case, we shall have principle Of anar
ely installed in the will caprice Of rulers which will
be more than match for the vested rights' of for
ejgn contractors and creditors, let them petition
never so wisely This Company viii insist on it,
rights from the Government Of Nicaragua TO their full
extent. The issue has been fairly taken by the Mica
Tsgusp Government. We low wait Executive action