The New York Herald Newspaper, November 18, 1852, Page 2

THE NICARAGUA TRANSIT COMPANY ROUTE FogPiture of the Grant to the Government, &e., ke, ke. To the Amecican Publite. It is very well koown that there is a company styled “The Nicaragua Acvessory Transit Com pany,” deriving its privileges and powers from the Republic of Nicaragua, which has an office in this eity, and is represented here by a Board of Directors, &o. This company originated in what is known as the Nicaragua Canal Grant, (from which, however, it is now distinct.) and holds tho exclusive privilege of navigating the waters of Nicaregua by steam, which gives it the practical monopoly of the transit | by the Isthmus. But this company is not, as has generally been supposed, the owner of the lines of steamers running in connection with it, and form- Ing what is called the Nicaragua route to Califor- mia. These steamers bolong chiefly to Mr. C. Van- @erbilt, who was once largely, but now slightly, if at all, interested in the Transit Company. The ex- penditures of this company have consisted in placing a few small stern-wheeled steamers on the river San Juan and Lake Nicaragua, and in opening a kind of road, of little value, from Lake Nicaragua to the Pavific. The returns of the company have been the fares of passengers from one sea to the other, and sale of about 40,000 shares of stock, at a pro- bably average rate of 25 per cent on par. This stock is founded, not upon actual and boa fide in ‘vestments or expenditures, bat solely upon the pri- | vileges derived by charter from Nicaragua. ‘Tho principal condition under which the company obtained its charter from Nicaragua is tho follow- img, which forms part of Article VI. :— And the State shall also receive ten per cent of the met, profits, without any deduction of interest, of any Route which the company may establish between the two eceanr, whether it be by railroad or carriage road, aud by auy other menos of communication, duriog the twelve yuars herein granted, &o. By other articles of the primitive contract, made | applicable under the second, the company binds it- self to present an annual statement of its affairs to the State, and the State reserves the privilege to appoint commissioners to examine the books and accounts of the company. The contract also pro- Vides that, in cases of difficulty or di: pute between the Btate and company, the matters in issue shall be re- ferred to arbitrators, two to be named by the State, two by the company, and o fifth to be chosen by the arbitrators themselves, whose decision should bo final. Accordingly, in August last, the company, having Deen in oxercise of ite powers for upw and having paid no profits to the State, or rendered any account of its afixirs, although it had, mean- time, declared a protended dividend of two per cent, the government of Nicaragua named two commis- sionere to proceed to New Y eause of this derelection, aud investigave tho affairs of the company. Thess commissioners were Don Jere de Marcoleta, Minister of Nisaragua in the United Statez, and an English gentieman, Mr. Thomas Manning, for many years a resident in Nicaragua. Mr. Marcoleta introduced Mr. Manaing to the officers of the company, and the commission- ers proceeded to a discharge of their duties. ‘Their first step was to usk for an inspection of the ‘books and accoun!s of the company, which were ox- hibited to them. In these books was cntered tho dividend of two dollars per share; aad as dividen implied profits, Nicaragua, on the fece of the tri aetion, waa entitled to upwards of eight thousand dollars There being reason to suspect that this declaration of a dividend was designed to enhance the value of stock in the market, and advised by men of business knowl: dge and known integrity, ia order to determine whether there had been any pro- fit er loss, the commissioners demanded a balanos sheet, or statement of accounts, in order to report to rst government, in conformity with their instruo- 8. For a long time this strictly just, legal, and pro- per demand, was evaded by an irrelevant discasaion® on the part of the compsny, whether the comm Sioners expocted a compliance with their dem as aright, or only asa courtesy. The commics ere responded by repe: g their demand, on the unds both of right and Courtesy, and afcer a long y, a ddcument, purporting to be a statement ot g@ccounts, was handed to them. Perhaps the annals of finance furnish no parallel to this most extraordi- Bary docement, which, if irne, showed only that the compeny was not only de involved, but had ely been, notwithstanding its exorbitant charges, a losing concern. But a large part of the charges, as regardod of 1 were both inadn earagua, avle and absurd. instar s. White and \ to England, for s tanee, the expences derbilt’s unfortanate @f inducing an entirely distinct was charged at the » one only ofa se tion to the than to the | arge t Company, or its expenditure ie Railroai aad its ao s. OF ny others, were inad- micsible on their tac convinced of the bud Ous Lo proceed with in the prewi advice of the eould afford rights to a jx ar, aod wh Pw will Amongst t eompiny prete of the transit, were so-called road, the (pretended the expenses of agents in 5 ebarters from Nicaragn fabulously extrare Was commun ebants of 1 the commirrioners a rges gene: sheet, and rusp Minister of Nicar chant on the subj joined -— They ete LETTER OF MR. E ‘To His Exceriescy M Bir—The eixth erticle in y pany ir very clear. that the met pre one-tenth to the State, and ri The copital of the ev for steamboats, surve fgfinity of articles for pu orcer. Expenses are repairs, facl. salaries, Of Keeping in order the boats, otc might be put cows for After deducting th fe profits, Ten per cent be and the balance to stochh ofits are t mathe t from gain’ may use it in aidiag tbe capital one-tenth interested a8 @ pt by actual subreription. The company b hi to divert the profits or ea: nings to anything but exps Building a Toad or @ rtesmboat capital of the cons rn. Re- Speci fully youre, AMORY EDWARD3 Meantime, various evasive ond impertinently por- gona! letters having boen received by the representa- tives of Nicaragua from the company, in reply to equitable claims on the part of his government, Marcoleta laid the whole correspondences before his counsel, Mr. Lord, whose reply is subjoined. There letters of the company were full of diegrace- ful imputations and slanders, and, amongst other things, refused, upon utterly false and unsupported pretences, since publicly denounced, to acknowledge the commirsion of Mr. Marsoleta—an evasion which oould have no other origin or purp28e than to con- eeal from that gentlemsa the true state of the af | faire of the company. LETTER OF MR. LORD. New Yori, Oot. 9, 1852. Sir—I have boen apprized by you of the conduct of the irvotors of tbe Accessory Transit Company towards your self, a8 a commissioner of Nicaregua. for the purpose of | having the neces. intereourse with them uuder thei contracts with that State I am also informed of th tual incorrectuess, in point of trath. of their imputat end | cheerfully express to you my adviee om your p m2 The groseness of the language and the unfitness of their imputations. personal'y on yourself are beneath your Motice and do not admit of farther consideration It ita rights» ht to com mopany had a government having chosen portant duties in rerpeet t the latter to obstruct commission, by both faith and jortice y f the dutios of the * @ want of good nd indicutes a pur-- ed inspeotion of the Use gravest sus unre Jeets all the conduot of the com, Picion But it is your gov your own per and ae min thr a feh you n 4, rather than that you Of it. “But it is aleo proper that Mr. Mw and the company should be d euy Hquidations, ret'lerment, or paymen Slowed by your governme val. is of a year, | ork, to inquire into the | own self respect, and as it would be porsibly compromit- Ung your government. ‘They have it in their own power to do themselves jus- tice; and a transnission of the communications which have taken place between yourwelf and the company, will ment to do jurtice to whose eonduet has been solely prompted by your views of ‘its true interest. 1 am, sir, your obedient eases, aie DA To His Excelleney Mr. Mancounta. , Meantime, in conformity with the advice of Mr. Lord, and for other reasons not necessary to enume- rate here, Mr. Marcoleta authorised his associate, Mr Manning, to act on behalf of the entire commis- | sion; all his doings, however, to be subject to the | revieion of Mr. Mercoleta, and to depend for their | validity upon bis approval. — Confidering only the undisputed charges of the company, and those agreed by the commissioners to bev there appeared, socording to Mr. Manning's apprebension. a clear sum of nearly $30,000 duo to Nicvragua. For twenty thousand dollars of this, Mr. Manning, on the 19th of October, drew a draft at ten days sight on the company, which draft was | protested on account of non acceptance by the com- pony on the day following. The affairs between the State and company there- fore remained unsettled, on account of the diifereages | touching the propriety and validity of many charges | of the company. This condition ‘of things, in the opinion of counsel, and of Mr. Marsoleta himself, precisely constituted a case in whivh the article of the contract providing for the appointment of arbi- trators would apply The commission of inquiry | had exhausted its functions, and it now only remain- ed for the commission of arbitration to act. | Mr Marcoleta, therefore, in accordance with his | powers as Minister of Nicaragua, in consonance with | the direct instructions ef bis [beeper and of spe- cial powers conferred by the President of Nicaragua, below given, proceeded to name t e commissioners | | of arbitration on-the part of Nicaragua. The decree of the President of Nicarsgun, conferring those pow- ere, bad already been communicated to the company | | by the Secretary of Foreign Affairs of Nicaragua, | and is as follows:— Tlovsr oF THe Governatent, } Manaaua, March 27, 1852. To THe Presipest oF THE Aa s Company ov Taaxsir in NiCANAGUAI= ‘The President of the State of Nicaragua bas instrasted me to communicate to you the following: The Director of the State of Nicaragua, considering that it is convenient and useful to authorize some per: fon to errange various points with the company, as es- tablicbed by the contract of Sept. 26, 1849, with the ad- ditions of «pril 11, 1860, and by the contract of Aug. 20, 1851, and having complete confidence in the loyalty and | | capacity of Don Jose de Marcoleia, our Minister Plenipo- tentiary in the United States— DECKEES, : Art. 1.—His Excellency Don Jose de Mareoleta is autho. rized to arrange with the Transit and Canal Companies | whatever citcumstonce which may occur. and (o amplify or modify eaid contracts in accordance with the instrue- tions caammunicated to hia Art, 2—The Minister of Foreign Affairs ia charged with the exeeution of the present decree. Dated in the city of Managua, March 26, 1852. J. LAUREANO PINEDA, Director, &o. By order of the Director of State, I aaye the honor to to you, for your information, this decree. by which iléney Don Jose de Marcoleta is authorized to ar- aa matters in which Nicaragua ia 60 deep- Hoping you will inform the individuals oe ke, ly interested. | Composing the compeny of the above, Tam. ROCHA, Secretary of Foreign Affairs, | | mercy of Nicaragua, under sentence of execution, and without a bope of respite or pardon. SECOND LETTER OF MR. LORD. | and received from bim the following clear and ex- | rights, and is now without a legal existence—a thing | condemned by its own acts, and dependent on tae letter, which in a civilized community does not re- quire to be characterized as it deserves:— SECOND LETTER o = WHITE 130: sw Yor, Nov. Bexon Dox Jose vx Manovera, : Bir—Your letter of the 30th was duly received, and re- ferred to the 48 counsel, of the Accessory ‘Transit Company, for reply. Pasting over the affected corn with which yor were Pleased 0 treat the “ strange and unconnected subjects” embraved in the letter of the undersigned of th halt. with the mere remark thet in any other perron than | yourrelf euch conduct would be deemed impertinent. the | urderrigned erey to notice that part of your loiter only wich which the company bas any concern | Tu your frst letter you announce to the company that sou have, “ by virtue of your office end powers” | —— commissioners, under ‘article 33, for the State i ua, of it, by virtue of your office, and the powers Your 1 belonging to it, to make such appointment, was denied by the company, On the ground! ed by the uader- signed ju his letter of the 27th ult , and you were asked for the evidence of any specitic authority which you might Lave from your government to act in the matter of ap- pointing eCmmirsiovers in her bebalf. : For that specific authority, euch as it is, you refer the company, in your letter of the 30th, to the decree of the Supreme Director of the 26th of Merch last. . Mr Marcolete, in resting his claim of authority to appcint commirsioners on this decree, is quite as auch at tault as when be rested it on bis ** office and powers.” The decree referred to apthorizes Mr. Marcoleta “ to settle with the Canal and it companies whatever in- cident msy eccur.”* An authority given to Mr, Marcoleta to settle with the company is not an authority to litigate or arbitrate, nor an authority to appoint other pereons to settle. Ifthere is any incident requiring settlement between the company and Mr. Marcoleta, company is quite ready to settle it with him in is capacity of minister, acting under the specitic authority of the decree. But the company cannot resognice any substitute for Mr. Marcoleta, tince the decree gives to him no power to dele- gate his authority. It is quite too apparent for dispute, that the Supreme Director never designed by the decree in question to ap- point Mr Marcoleta @ commicsioner under article 33,+ince two commissioners are required in case ot dispute or controverry, and there, (hen, was no dispute or con- troversy. As, therefore, Mr. Mareoleta is not a commissioner, and as the cecree gives him no power to sppoint commis- siouers, the company declines all action under article until such time as the State of Nicaragua shall designate the commissioners and formally notify the compapy of the tact. ‘To correspond further with Mr. Marcoleta on this point weuld be but a waste of time, It is obvious that he has entiely mirapprehended his powers, and that bis ap- poipiment of commissioner bes been made under an authority ueurped instead of an authority given, and is therefore wholly void. Yours, = J. L_ WHITE, Coungel of the A. T. Co, Having thus exhausted every reasonable and legi- timate effort to induce the company to act in good faith towards his government, and having been met with evasion and insult, Mr. Marcoleta sub- mitted the entire correspondence to Mr. Daniel Lord, the counsel employed for his government, plicit reply, from which it fully appears that under every principal of law, in the transactions which we have recounted, the company has forfeited all its The commissioners name by Mr. Marooleta were Messrs. Pelatiah Perit, of the house of Goodhuo & Co.. and Marshall S. Bidwell, Esq , advocate, both gentlemen of tho high st position in the community. | Lhe tetter addressed to the company, conveying these nowinations, is translated here: Lecation or tH Rervniic or Nicanacva. New Yonx, Oct. 26, 1852 } | | | | To tHe Parswent, etc., oF THE Nicanacva Accrosory | Ky, and consideration of tho differences hetwecn the Commissioner of Nicar- 8 Mavning, end Mesers. Snow and White, commirsioners of the Accessory ‘Transit Company, relative to the liquidation of the ten per cent of the net profite cf the transit route, aud with the object of ar- rf by the interests of agus, y ‘The undersigned, in virtue icle 23 of 3, on the yoy Extraordinary. din view of the p ve contract, has named as arbitrat purt of the goyeroment of Nicaragua Me: Perit. merchant, and Marshall 8. Bidwell, advocate, The undersigued invites the company to proceed to nominate arbitraters upon its part, im order that the four then named may choose # fifth, and proceed in common accord to remove the diffculties which have up to this time airen, and to effect the a:rengement of these affairs, ‘The undersigned begs to present, &e, (Signed ) O88 DE'MARCOLETA. This letter, which t-forward, businoss- like and courteous, was replied to by Mr. J. L White, subscribing himself * Counsel of the Transit t @ tone of which is 2s cha: ble, and should cause of his every resp that it was ever wri a more unprovoked cocument. LETTER OF MR WHITE New Yoax, Oct 27, 1852 LETA, ISTER F a } to us two commissioners vision of article 23 of the origival char e aud powers y : Ist, That for the present, con- » powers and attributes of 9 607 hi to ba reprorentad at the gov- @. her representative mapany which tthe & hie govera- ment of eny dirputee rover*y mevt ands corporate vedy rented by i The eorapany which I r tion, deriving its vi laws of Nicar office iv not work s t corporation fa lity fre ae dons o that of a Vor this or the er in nd its laws coptrover and « domest Je authority be has not exer- ni solicitous that he ud foom Me n any evl- soncrs tha r a will deposit with th is authority to designate oom liowing dey rond to bim moe they re. e inst tho con. repudiation of the award, They would require it if they could parruade them- t. Marcoleta could even by a strong tmpli- tion, derive the authority from his general powers to hale commirsioners on the part of his State. s suggested by you, Nicwragua actually snffors It. from the present dificitity and delay. we beg to assure spr you of our sympathies, and of our disposition to retieve ber from any euch embarrassment in sny manger not in- contistent with our duty to onr stockholders, although whatever of suffering “Cr prejudice” rhe may have ineur- red ap aolely to the conduct of some of her officials Tu covclusion, the compeny requesta Mr Marsolete to fornish them at once with the evidence of bis authority to act in the premises Ihave the honor to bs, respectfully, &o. 3. L. WHITE, Counsel of the N.'T. 0, Mr. White, it will be seca, magoanimously con- | codes “the existence of Nicaragua as a sovereign Stete for the present.” Can it be tha’ he proposes | to subvert that republic, in conjunction with the avd set up Quaggo for king, and arned counsel” for prime minister? Badi- nage aside, the only point taken in this letter, that Mr. Maerceleta hed no anthority to name arbitra- tora, is worse than a quibble—it is simply a bald retence, in face of the explicit powers conferred Mr. M. by the government of Nicaregus. To is epistle, extra official, and emanating from a person with whom ho was not called upon to deal, Mr. Marcoleta made no reply ‘To avoid all 4 conception, however, and to leave no portion of his led, bo wrote to the proper officora of § followa :— ew Youn, Oct nacva Acc dreaved ant various 7Uh inst, <ny. om sich are treated in it er, this ontain © proper ans® " ion of » docnment the authorizstion given to the Stinkster of ¢ arbitrators, im accordance with erticl itive contract, In reply to this request, L beg the President of the company to read and aequsint bimeelf om is asked t with article 1 of the decree isued by iho tive power of Nicstague, of the date of the 46th of Mar: last. which original decree was sent to the company by ‘Leundertigued, at the appropriate tine | | I tuke this oceasion, &e , | JOS. DE MAROCOLETA, Minister, &4. Two days later, Mr. M. recoived tho subjeined | guises as the government of Nicaragua might adopt in a judice than results | | that State for doing iteclf justice, as well as defending Pelatiah | | on persons To Don Jose pe Mancoreta, Miniat | fra | ragua~—is wholly amenable to its laws, and without New Yon, Noy. 5, 1852. Sir—I_ have read the letters addressed to you, on the part of the Accerrory Traucit Company of Nicaragua. un- Ger the grants of that State for the construction of a ¢: ual between the Atlantic and Pacific Oceans. Not no- ticing the impropriety of the mode of address by the counsel of the ocmpany to the Minister of Nicaragua, there are two topics worthy of notice. Ist—-That the company claims to be dealt with as an in- stitution of that State, ouly casually or constructively prerent in this country by keeping on office in this city. Dhis ceems fo me a very express admission of the subju- getion of that com to the law and government of Nicaregua, and a disclaiming of any peculiar rights as citizens of the United States; and such seems to me to be 2 true as weil as coneeded proposition, Consequent- ly, the company cannot decline obedience to such mea- timiler case towards any of its own subjects. 2¢—Ip considering what meacures should be adopted by tatives of Nicaragua, thus ignty defiance; by Seating thet fovereignty with oon tempt; by refusing to name orbitraters to decide upon the disputed accounts between the State and company, ILL, of its contract; by unwarranted attempts at oocapation of lends in Nicaragua; by repeated violations of the revenue lawsof the State; by neglest to render au nual returns to the governnent of aud by. general non-compliance with its obligations With these facts Defore them, the public oan i ifthe government of Nicaragua ean permit ite rights, interests, and dignity to be fur’her eompro- mised Public opinion in the United States cannot be misled on the subject. And here for the present the matter shall rest. New Youx, Nov. 16, 1852. ADDITIONAL FROM CALIFORNIA. The steamship Uniied States, Captain Berry, arrived. yesterday from Aspinwall, bringing the paseengers and treasure which came down from San Francisco in the steamship Cortes. Tho intelligence is no later. SPECIE LIST OF THE UNITED STATES. Forbes........ ess Minot & Hooper... Allen & Paxon... Davis, Brooks & Co. Total. +$120,151 Hamilton Ranche, on the Consumnes, about four wiles above Daylor’s, was consumed by fire on Friday morning last. The authorities of Sacramento propose to erect a new city ball and prison, the builiing to be sixty feet front by one hundred deep. The prison to be in the basement story, and the council chambers recorder’s, clerk’s, treasurer’s, and other offices, on the recond floor. The estimated cost of the work is $150,000. The Perry Wing Dam Company, at Park’: Bar, in two days took out 655 oz. amalgam, and 90 oz. blowed gold, and on tho Ith instant, the samo company took out near 40 Ibs. of gold. Fifteen hundred head of sheep, four hundred head of cattle, and twenty wagons, all in ono train, bave recently entered the State, by the Vol cano route, and are herded at the Patterson ranobe, fifteen miles from Stockton. The Chapman Family are porforming at Campo Seco, to the infinite amusement of the miners in thoee diggings. The Chinese Jugglers are performing at Sacra- mento. Pusiic SeNTINENT IN THE Mines. —The following preamble end resolution was passed unanimously, &t a mass meeting recently held at Piacerville:x— Whereas, Thomas Corwin, Secretary of the Treasury of the United States, has refused to execute a positive law of Congress seducing the tax upon miners for assaying their gold dust, from 23¢ to 1 per cent; and whereas it bas been charged by the Hon. J. W. McCorkle, ‘member of Congrees frem thie State, in hia place in the douse of Representatives, cn two different occasions. that the per- sons it terested in the aseay office in San Francisco, and their agents. were exerting themselves to defeat the pas- sage of the California Mint bill. which charge no man has dared to deny; and wherets the administration at Wash- ington. influenced, as we believe, by corrupt motives, have exerted their influence agsinst a Uslifornia mint at San Francisco, in order to sustain and uphold the assaying menopoly of this State : Be it therefore resolved, That Thomas Corwin. Secre- tary of the United States, in refusing to execute the law of Congress reducing the tax upon iiners, for assayin, their gold, from 2% to 1 per cent, subjects himself to an: deserves impeachment, The Sonora Expedition—A Gloomy Picture, [Frem the Aita California, Oct. 15.] Wo publish below a@ letter to the editor of the Ssn Francisco Echo dw Pacifique, which appeared in that journel on the 17th October, giving, we be- lieve, the first detailed account of the success at- | tendant upon the expeditions to Sonora, undertaken and protecting its dignity, it is proper to ask whether the refural to name arbitrators is not a mere pretencs adopted to avoid fulfilling the obligations of the compa. wy to thet It cannot weli be doubted that the nomination of arbitrators by Senor Marcoleca as Minis- ter. would bind his State, in good faith, by the result of that erbitration; and it is only the rules of good faitn which form the obligations of nations, ~And the distine- tion pretended on the part of the compeny between an authority to settle end an authority to name arbitrator is very vnecund. To settle a controversy carries with it, | ae coptaining the lees within the greater, the power to refer, 1o.asjust by meens of persons whore wisdom and justice are mutually confided im, and to settle in that mavrer The whole seenis to be the endeavor of men under #n obligation, which they are unwilling or unable to fvifil, te avoid its performsnse. Under these circum- stances, (be State of Nicaragua may, on the ground of a | non-fultiliment of the stipulations of the company, sus- pend its privileges, if not wholly withdraw them. Espe- cially it would be proper to levy tach duties and char: property, cm the transit, route as the gana could be subjected to if vuspriviieged It would mbt bo expedient to juterrup the working on the eonstraction of the canal end road in the first instance. ‘This might be unncesrsary, if the levying of duties, &., would in nify the government ; and moreover. all work of comm tion wiloin the State is @ security to it and a benefit. the ftute ehould ado; If ‘bis plon of levying duties om the transit of pareengers and goods St rhould make a reacon- able previous anuouncenent of the measure, with ibe mo tves which iaduee it. Iam, &e., PANIEL LORD, er of Nicaragua, The measures which Mr. Lord indicates are pre- cisely those which the government of Nicaragua have had in contemplation for some time past, and towards which the initiatory steps have been taken. Nieoregua has been reluctantly forced to take this decided*ground, and baying exhausted every coa- cilistory expedient, relies upon the sound judgme of the world fer support in cevere and decisive mo: Lich she will be compelled to adopt, for ing her rights and vindicating her honor. Her with the company have terminated with pg protest of her representative in this PROTEST, Lreation or tue Re inister Plentpotentisry and Envoy nary of the Hepublic of Nfoaragua, bas received rel of the above Tiebrit Company. two lec- to those communicated by this iegation to sebove numed cousersing the nomination of nge the pending diti s between the the eaid company, (relativg to pper ecpiage due to the republic ) rilele 83 of the prim only be regarded a4 tho ravings of » * no consequence: this ressoa the un h a the obi ig: with the yerpmens of 1, they not treated co de, 2d—A gain « malicious! its commis- to the liquidation aad aragua from the Transit it Company and Whit geinet the form and language of their com. is; Sgainet their gratuitous insults lavished on the governm Nicaragua ; against their ivvectives, false soppositions and pertidious ealumnies, egainst the representative of ua, with the object of preventing hm from exercising an cecolar supervi-cion and diligent Vigilence over the ailairs of *aid company, in conformity with his duties, and from discharging bis’ obligations to Lis country and government ‘The government of Nicaragua will determine, in tts prudence, if the time has now srrived to teke severe ineesures to put a limit and end to the want of respect, evasions, abuses snd seandalous exceerea, of which these | companies and their agente have been and are so re- pentedly and frequently guilty. | The undersigned niso deems it proper and requisite to | his duty snd dignity to inform the directors of the said mpony, that hereafter he can receive no com- ghed by its “couorel,” Me J. L. White, than once has compromised the good intelli. rmony end interests of the State and com: Ai tiso nd, in the neme of his government. that it will adopt the same course towards this person. who is a mere advieer and rubsitern of the company, without authority or power (o enter into direct ard official com- munication with the governmest of Nicaragua or its representative in the United States, The company has its legitimate officers, upon whom Je devolved the exer- cite of such fonctions. JO8h DE MARCOLETA, Minteter, &., &e , of Nioarsgua, It is proper to say, before concluding this exps- sition, that the insiancce above recounted are not the ovly violations of its charter, of whieh tho Tronsit Company has boon guilty. Within the tor- ritories of Nicaragua these violations are alleged to have been numerous and flagrant, and have called, ond will call, for the effective interposition of the govertment. It appears :— ist—That the Nicaragua Transit Company is ® corporation deriving its sole existenoe from Nica- munis who me} legal rights or powers in the United 5: 2d--That the validity of its cha: depends upon # strict eompliancé with its conditions, which have been repeatedly violated in all their eseontial parts 3¢—The company has vitiated ita charter, and wholly nullified it, in not having, in good faivh, opened an adequate route of transit in the eountr ng contemplated by the very fact of tts existence; becouse the placiog of some smail boats on the river and Jake, ard the cutting » path from the lake to the Pacific cannot be considered a¢ an invuate | ment or expenditure justifying a monopoly of tran | eit, nor one coming within the intent of the eberter. 4th—It hes directly violated its charter by | refusing the payment of its obligations to Nicaragua, in accordance with article 1V.; by fraudulent prac | vices and evasions; by refusing to recognize the au- | tes. | wes so bad, that they immediately decided on re- by companies ef Frenchmen from San Francisco, a few months since. The writer depicts a most | lamentavle state of affairs. The lettor was received _ by the brig Convoy, which arrived a few days ago, having on board forty five of the returned adven- | turers, all of whom endorse the correctness of Mr. | Matterre’s staremente:— | Gvaymas, Aug. 25, 1852. You have, doubtless; heard of the result of the Sonora expedition, made by different com- | papies of Frenchmen. 1 hasten to give you | the details thereof, in order to inform and admonish our countrymen, through the columns of your journal, of what is transpiring hore. They will im future be on their guard agaiast any reports circulated by speculators I forboar to | mention the nawes of there who have compromised | the existence and the future welfare of moro than | five hundred Frenchmen. One of these, who wrote to San ranciegh air incorrect information, prid the penalty of the imprudence he had committed in | Coming to explore the ungrateful soil of Sonora, two doys since. ed at Guaymas of the dysentery. But what every one ought to know are the fac‘s which have transpired under my eyes for five months, snd the details of which I will give you as exactly a3 possible, | _ The exyedition directed by Mr. Pindray, to which the Governor of the Stete of Sonora had furnished rovisioxs for six months, animale for working the | and, and a sum of $1,800 in silver, proceeded to instal itecli at Coscopera, there to found an agricul tural colony, wateh the incursions of the Apaches, repulze them when necessary, and to employ them- relvesin the eecking and working of tho mines. | Governed in a deplorable manner, this colony had no | chance of suecces; and the acrimony which existed | between its chief and its members gave rise to dis- | orders which brought about @ separation. Fifteea or twenty of the members withdrow from the com- pany, for the purpore of seeking the mines. The | exploration made by this company led to the dis- covery of the silver mine called the St Thoresa, | formerly worked, but abandoned by the natives | through fear of the Apaches, which is the ory for “save who can” in this miserable country. The dis- | covery being made, it was necersary to make the } preliminary declaration before the judge. The | French company fuifilled this formality, avd the judge adjourned the proceedings for ten days, to settle the right of ownership. But during thia time | ® denouncenent was made in the name of wealthy retiden's of the country, and when, at the expira- ticn of the delay of ten days, our countrymen pro | sented themeelves before the judge, it was announo- | ed to them that the declaration of the proprietors of | tho country had the precedence of theirs, and that thy bed ko right of ownership in the mine of St | Tberesen They were then compelled to retire; fur | in ihe free of en injustice 60 glaring,there wasnoth- | ing to be done; but they withdrew in regret, for the mine isa very rich ono, and they bad fermed the means pecersery to work it. The greater part of the members of this company returned to Guaymas, and hence to California. A short time afterwards we heard that, in consequence of the disastrous turn which the affairs of the Coscopora colony wero teking, Mr. Pindray had blown his brains out, and that tkere remained but a small portion of the colony Ancther company arrived at Gany mas by the ves- sels Sonora and Hermosillo—was formed to explore the inter‘or—com rosed of healthy and robust men, zealous to labor, confident In the future, provided with arms, munitions, herses and males, havin $14,000 in cash; it took, about the 20ch of Apri Jaet, the route of the capital of the State of Sonora, whither it went to olaira from the Governor the im- munities promised to French emigrants by the Moxi- ean Vico Consul at San Francisco Arrived at Ures, this company received provisions, beof, and $500 in silver, and thence procesded towards Santa Cruz, the point arsigned it. V'rom Santa Cruz the company proceeded in different directions, in search of gold or silver mines in portions of Sonora where the mines grere represented to exist. Laboring con- ecientiously, this company examined every place whore an experienced miner might find an indication of gold. No canon was spared. They found the color of gold everywhere, but in such small quanti- ty that a miner could not gather more than a dol- Yar’s worth per day, admitting that there was always water enough to wash the dirt, which is a rare thing in thie country, where it scarcely ever rains, and the beat is ineupportable. At the most, eay those who have explored is, if bn existed in the greatest abundance, it would almoss iinpossible to ex- tract it, for the country furnishes netthor water nor visions. Every doy I eee cur unfortunate countrymon ro- turing either from Santa Cruz or Coseopera, in » state of misery aud prostration difficult to dessribe, without shoes, without clothes, barrassed by fatigue, without mouey, dying of hunger, and afflicted wich the dysentery The road from Sauta Craz is covered with unfortunate oxes, who have exhausted their Jast rezources, and are obliged to implore the pity and eaccor of inkubitants as poor as themselves For some time wo bave had the pain to see French: men begging their bread You know that four or five Frenchmen established in the country cannot take care of ail the unfortunate ovea who are return- ing from the interior Nevertheless, a'though with- out fortune, and burthoned with families, cach one hes done ali in his power to assist the needy; bus it isnsad spectacle io see Frenchinen begging alms from houre to house, Mr. Caloo, French Vico Consul at Guaymaa, has dove ali that he could for our countrymen und r there circumstances Bat, having no relef faud from the government, he bas had to act with reserve, for Berd he gives every day comes out of his own icket. Some ha! men, but t ago ebip arrived with forty Fronch- 6 news they received on their arrival turning to San Francisco. Guaymas offers no resovrees. Hermosillo and thority of the fully empowered agente and reproven- Uree are two cities oven poorer than Guaymas. The quality, and doar. There are no vegetables, no trees, not a blade of grass In the interior, one most be resigned to live on tortillas, more F pignol, to Bate et knowledge of the cause. We are awaiting the result of Mr. Raousset’s ex- dition. A)l wish bim well, for he slilfully direo's Tis company, composed now of about men, thorough'y disciplined, armed, and equi . Two months more, and the Sonora problem will be com- pletely and Cgeettig solved. Fortune, or misery the most, terrible, will be the fate of those composing the expedition. Be assured that nothing in this recital is exagger- | ated, and believe this-—that the most miserable | acer in California is worth more, so far, than all nore, where our countrymen have met with no- thing but the most frightful misery. In this coua- 3) one dies of hunger or sicknes#—sad alternative! | pleased, Mr. Editor, to insert this letter, in or- | der that our countrymen may be at length disabused | seggerais g the weaith of Sonora. | | | ho ascurance of my most distinguished son- bag nt 9 d formerly Surgeon on tort tie Al an rm \- Berne puouso Ni jas Girard. P S —IJearn this moment, from two men of the second expedition, that out of sixty-five men scarce- | ly ten are in a coniition to reach Guaymas. It seems to be & frightful disaster. The death of Mr. Trouin is announced as certain. Northern Interference Southern Pro- perty—The Southern View of the Lemmon. Case. | TO THE EDITOR OF THE HERALD. | Brr—The enlarged liberality which opens your columns to the expression of sll shades of opinion — not detrimental. to the public welfaro, as wellas your soundness on the Southern question, embold-. en a Southerner to state frankly, but briefly, the impression which the late slave case here will pro-_ duce onthe Southern mind. Nobly and manfully have you done your part | throughout this perilous controversy—wisely have ‘| you warned your people of the dangers that lurk under this last bigh-handed outrage ; but there are points connected with this matter which it is neither.’ your province nor your privilege fully to consider or comprehend. Allow a Southern man, who has made it his business to study the tempor of the Southern people in reference to this question, to throw out a few suggestions which may starile the conservative © portion of your citizens into» senso of perils only | the more imminent because unseen and unsuspected by those who mistake ‘‘acquicscence” for content- ment—silenco for satisfaction. | There are many Southerners at present in this city, and, after free conference with many of them, it appears that but one sentiment animates all, in relation to the outrage on the comity of friendly | communities perpetrated by your courts on @ Southern citizen, and, through him, upon the entire class he represents. It is important, for the preser+ vation of tho public peace, and of fraternal feeling —not to speck of the permanence of the Union— | that the North should know what the South feels | and thinks of this deliberate attempt te disfranchise her citlzens in balf of the national domain, even for | | haverco-o) fond reerived for te a bg bir discretion and he euj une er countel fee, be would consider what the law was. and how for he hed the power, After some other een. Toner “No one can ieel more sensibly Wu T 40 for the anf condition of these persons, a8 eter ee he ies ist T have gives me wi idea t ‘ o with hey will not be very ese extrac's, {rem the proceedings, shew tho spirit that animated the judge, the counsel, and the audience. Comment upon them would be-su- perfluous. The finelo was # ft pendant to the ‘pro- ceedings. Jt is viumphontly givon in the Tribune,. which gloats over this *‘glorious vie ” ag parti compenfation of its late dis; and re- pudiation, even by the party of which it is the organ and the incubus, or a8 also in the Times, a more Peckeniffian orgen of higher law. + The sensation which this matter bas created inthe minds of the Sou'herners here is stronger ae | can imagine; and we know how strong and rc it must be at home, for it enna on insult, and: pene the Empire State in the attitude of the Jow- warrior towards the South, “* Art thou in. health, my brotber,” while the ex! hand, the knifo which is to give the thrust under the rib. Many of us here and at home have put faith enough in the fair professions of our Northern brethren to believe that a returning sere peat tice, BASEPon by generous as well as mo: tives, would cause them to 00-0 with us in resisting this fell janaticism, which would rale or ruin the North #s well as the South, and p: its policy at the cost of dragging down beth ins common ruin. Therefore we co operated ardent! and zealously in the triumph of the d arty and the elevation of Pi and King. Theres we resisted the desperate Alabama movement favor of Troup and Quitman, as calor ly to embarass the action fe and ve aid and comfort te our enemies. But in the very how r of Mire | while y is vocal with the shout ladness, ns of fraternal harmony and the resto- be Rolle Gare, the en wigwam re- @ Volces of @ youn, aa a ‘citizen of & Bouthorn Siate is hans with his elayes from shipboard, hauled before @ court of jus- tice, arraigned as a criwinal, tried, oond: Stripped of his property, made the mock of a mobt aud; sent shivering sud penniless from this sea- and. stron, bold of democracy, no strong hand in- ing co shield or shelter hin—many will my: in bitterness of spirit, ** The hands are tl of Ean, though the voice be the voiee of What the South wants in such eases as this ia what the dying giant ot New England asked for in T s€08e, While lifo was ebbing from him. fos e isnot relief we want, we want restoration privilege of the strict letter of (3 +h even that is denied us,) but a mnt of the old spirit, that gave unity of heart and o interest to this whole people. Without this the Union is but a galvanized corpse, and no amount of rant. or cant can mako it a living, breath- ing body, animate by an immortal soul, nor long protract its painful vitality. This plain Janguspe may shock the super-sensitive, but it is honest u:terance of a plain man, who has done. the democratic party some service in this g@, but would epurn it and scorn himself and his Southern brethren if the fear of a forfeiture of political position could seal his lips or theirs to the utterance of the truth. We, at the South, who ted in this overwhelming democratic trimop! Ve resting upon us & most heavy re- purposes of temporary sojourn with their property. As equsls the people of the South entered this confederacy—as equals alone can their descendants | consent to continue in Neither honor nor safety | would permit them to sink to the state of a tolerated class—enjoying privileges {by sufferance only—the | Pariahs of the American Union, And it will be re- | duced to this, if they tamely tolerate such outrages | on person and property as that of which Mr. | Lemmon has been made the victim. This inci- | dent has occurred at a most inauspicious | moment, just at a period when coniidence | was becoming restored—when the scars of | old strifes were healing over, and tho era of good | feeling was inetaurated once more. The severity of | the shock must be in propertion to the impatient | bitterness of the disappoimtment. It would be { equally idle and mischievous to disguise this fact | from ourselves, for it cannot be ignored, even | though attempts should be made to suppress ite | manifestations. The echo that will soon be sent | back from the South will sacisfy the most sceptical | of this; and measures should promptly be taken by | the conservative and honest portion of the N people and press, to mitigate this just and righ- | teous anger This is % question beyond the pacia- cation of mere partizan politicians, fraitfal in emall | expedients. Jy ts not & question of policy or ox- | pediency, but of life or death. ti mean must be proportioned to the end to be ae { ed. i} How stands the case? After the general acquiescence of the South in the compromise moa- enres, the endorsement of those measures as a get- tlement by the two conventions, and the em- | phatic ratification of the democratic nominees by @ vast mujority of the American people, wainly on this iseue of a cessation of agitas | tion, it waa hoped and believed by all, (except a few “ extremists,”) that peace was once more to be restored ** to this distracted coun- try,” and the South permitted again und@turbed to pursue the even tenor of her way. Actiog under this conviction, the people of the South, with al- mort unexemplcd unanimity, have forgotten former feuds and political jealousies, and come up em masse to the support of those candidates and that party which represented that idea But those hopes have been most suddenly chilled—that confidence most rudely shaken, by a gross and flagrant outrage, por- petrated in the face of day in this great metropolis of the North, by a portion of your people, whose courfe bas been sanctioned and sustained by your = courts of law—not of justice. The half-iasing threats and insults in presses like tha Z'mes and | Ti rbune, emanating from men soured by disappoiat- ment, and smarting under a defeat aggravated by the sense of impotence, the Southern people could afford to smile at and despise. Not so with the eolcmn adjudications of your iegal authorities—tho Set of open outrage, not alone stripping tho indi- vidual of his rights and his property, but | imperilling those of all similarly ‘ciroum- tisneed with himeelf, end involving @ principle #8 wide in its application as it must prove por- | nicious in its practical operation. We scorn the epgry hireing of the blind viper, and cely deiga | to step aside to stamp our heel upon its head; but it would be madness to disregard is whon coiled to strike, and danger and death jurk behind the wara- ing. it ous to look to selfpreservatioa— jours to eruch the crawling thing, or give an anti- dote to i's poison. Wedo not ask for proteotion; oll we demand is even handed justice. We clain the obrervance, not alone of the articles of the late compromises on the subject of slavery, but the ree coguition and epforcoment of that earlier stipaia- | tion thore more solermm guarantees given to oar | fathers in the compromizes of the Constitution, one | of the most vital of which was the resognition of our right to have and to hold our slave property, and enjoy its undisturbed porsossion, wherever and | whenever rot alienated by our own act or free will. | Whet a mockery the Jast compromise, in relation to the rendition of fugitives, must bo regarced, if local statates are to bo allowed | to regulate the rights of property of citizens | of other fovercign States, and losal useage be all-ruflicient to strip @ Soutborn man of all hia property when be venturesto trust it for an hour on iree soi). The laws of Caliguin wore not traps for the unwary than such statates as thoso un- der which Judge Paine permitted the abolitionists to rob Mr. Lemmon of his property, under cover of law. For I will venture the assertion, that not ten of tho ablest lawyers in this State wore aware of the ac- tual provisions of the code, or would countensnse the construction which Judge Paine has put upon them. In conflict of laws the rule of interpreta- tion Susie that the higher of the two shoul aK | vail—the leeser yield to the greater; but here that rinciple bas been reversed, and the oe law,” | in ite most offensive sense, has triumphed over all compromizes, and ail constitutional righis. Judge | Paine, bimeolf, hasbeen placed in a painfal tion. Herecems to bo a man of strict narrow un- ‘derstanding, one of those mere lawyers described by Edwund Burke, whose acutoness azsimilates to that of @ pin’s point. and whoso habits of training incapa- citate him from rising above precedents and formulas to grasp the groat | Spice principles which modify or abrogate them. Like a smalior Gulliver in a larger Lilliput, be struggles painfully in the bonds of the little threads that tic bis legal hands against mo- rality, equity, and justice, and his conscience aud convictions are at conflict ia the very decision e) ( a: | om which he admits to be an injurious, almost an unjast | very foundation of our iostitutions, and at the unity one, in these words:— Not thinking myself called upon to treat this eare asa carcist or legislator Ibaye endeavored simply to dis- | charge my duty av a judge im interpreting and applying the lows ae I find them. Did not the law scem to me #0 clear, L might feel greater regret that IT have been obliged to Airpore Fo haetily of @ cave involving such ie portant con requences. My judgment ia that the eight colored per- | sone mentioned ix the writ be dircharged. | The subsequent proceedings furnish # safliclent commentery on the salvo offered to Southern teol- in , the proporition of appeal to the Supremo Conrt ) Mr Fapaugh on the veld of the claimants, eald that | his clients were law abiding citizens, and should bow to the decision of his Honor, but tt was his desire to propore to the other elds to make some arrangements for av ap. pes} to the General Term, aed by cerfiorai to have the | decision of his Honor reviewed hy tho Be prome Ucur! of | the State, The counsel would propose to the other rite for theas eight perrons, to remain in rome place to bede- | termined upon, until this decision could he reviewed. Mr, Jay raid, if ho had (he power tom ment, which he had not, he would make w then esked his Honor to allow cori against | of this evil. tonehitys and ‘our lives, ourfortunes, and our ed honor,” are all at stake on the integrity of jose in whom we bave trusted. The South is not a soil that nourishes ‘‘ spoilsmen”—her sons hava fought for principle, not for pay—and to those prin- ciples'the; Fruit will adbero to the bitter end. ithered be the hand, end palsied the of that Southern traitor, who shall shufile away from his responsibilities on this great qu ri fear ot compromising the candidates Ea ia party or embarassing tho adwinistration. The doom of Benedict Amoid shall bo his forever. Do not miennderstsnd my meaning, or that of my friends. We do not distrust the men whom we have aided in elevating to power, nor the mass of tho ty with which we have cooperated. We Ow that Frankiin Piercoand Wm R King aro true ag steel on all questions connected with the.com- mises of the constitution; but in this matter aro powerless. It does not fall within their fiction. As Greeley taunting!y replied to your just felicitation, that the South had now an abiding guarantee that her rights would be retpocted by tho ral government, neither the President or Vico President ‘ have avy power to overrule a j 4 of tho courts of New York,” nor to reach the root It iz, then, not te tho Administration that we are to look, but to the people of the Northera Btates, the great bulk of whom are pl tous by the strongest of all possible pled expreas or implied. Without faith and moral honesty, what are promises or professions worth? And by works must that faith be judged. It isnot necessary te go into a thorough examination of the grounds of Judge Puine’s decision, which you have most periy characterised as ‘an abolitionist vietory coerced by law, not governed by justice”’—the law of which even is 60 palpably unsound as not to ba worthy of argument. The very citations mado by Judge Paine thow that, like Novessity, (who | seems his divinity.) “he kaows no law;” for the very current of decisions he quotes toll against him, and his special pleading is of the pettiest kind. It ia the misfortune of those krown to the profession as ‘case hunters,” not to be able to distinguish between an apparent prece- dent ard ares) ore, reiying on th similantt of fucte, while purbline as to the pringi, The whole gist of the case was comprised by Justice Grier in a single paragraph, delivered in relation to one ofsome- what similar character, a fow days sinos, in the Uni ted States District Court of Eastern Ponnsylvani and be is not only « lawyer but a jurist also. Pass- ig judgment onthe question of the right of a slavo- holder to convey bis property through a free State, Justice Grier thus concisely and clearly gives the true construction. It would have been well for Judge Paive, to bave swallowed and digested this, instead of bolting whole the crudities of the higher- Jaw interpreters of the constitation, who insist that freedom is national, slavery sectional, and when- ever the two antagonize, the latter must go to tho wall. Nay, bad Judge Paino’even taken the trouble to examine the isterpretation given by tho groat Northern expouxder of the constitution, Daniel Web- ster, be would have found there a refatation of his feeble fallecies,ané a chart, by which he might have steered cloer of these shoals of abolition which threaten the ship of State. He might then have learned, that what Now England refuses Old Eog- Jaud doce not deny; that Great Britain has made compensation for os teken from Amerisan thips in ber West Inc lands. Ue might also have refreshed his memory with the Oreole case, aud Mr. Webster's emphatic ceclarationa to Lerd Ashburtoa on this rey point For, says Mr. Webster, specking of the preciee quibble under whieh Judge Vaine seeks ehotier, Tt may be raid that im euch Instances, personal tions are founded on contract, and therefore to ation of master and slave therefore it is to be respected, only by the lawe the place which it recognizes He then sweeps away this cobweb thus :— ‘Whoever co reasons, encoun! authority of the whole body of public law from down, because there are numerous instances in sh the law itself presumes or implies contracts, and prominent among those instances is the very relation which we are now con- Ndezing. and which relation is holden by law to draw after tt mutuality of obligation, So says Danicl Webster. Will any sane man, North or South, weigh the opinion of Jaige Paine, (a0 re obscurity up to Saturday last,) against that of Daniel Webster ? The opinion of Justice Grier is to the same effect. He eaye:— ‘This question depends on the law of Mi hot of Vennsylvania. The court cannot go statutes of the prople where they eecaped. Jaw or fla’ jucted by aster slong the national road through the State of Pennsylvapia, A case precisely parallel, except the additional oggravation in the Lemmon caso of boarding tho vessel, and dragging master and slaves on the free soil, for the nommal redemption of the latter, and *eRvall anid the wise Sos thi tari ell said the wise Scythian, centuries ago, “Laws are cobwebs which catch the flies, while the ‘warps break through them.” ese Northern cobwebs have proved strong enough to bold Lemmon and bis eight slaves—poor harmiees Southern flivs; but such wasps ay Blizur Wright and the Christiana murderers break through them with impunity! But this thing hi st be put to it. a ne far enough, and a stop. st outrage striki the ve of this people. If Southern mon are to be treated as aliens in the Nor hero States, and the eomity ex- ated for them by Northorn statesmon in treating with foreign powers to be denied thom North of Ma- son and Dixon's lise, we have indeed reached the crisie of this contest. Aga'n, then, earnestly wo enll on the trac mon of the North to stand up and show themselyes—to vin- dieato our rights, mud their own good faith, and not allow, through de‘oult or timtdity, such stains as this to stand on choir esontoheon and ours, ‘The writer ot this feels he has the right, from his prt and present, connection with thia matter, to throw out those suggestions, though personally thero are few who have stronger inducements alsoto bo silent. But the man who soos the first blaze of midnight conflagration, and givos no warning, is criminal in the right of man and God, if it fiaally wrap the oity in Tomes Such is the feoliag that prompts this communication from 4 A Sovrmpan Orrizen. CLAnENDON Horns, Nov. 16, :