Worcester daily spy., 1861-12-12

BY THE PRESIDENT or THE UNITED STATES OF
AMERICA.


- -'Af1 -''-N'+'-A A-i'- N-'AA 80 '7--AN-'' ~
AMERICA.
Il Proclamation.
Whereas, convention for the adjustment of
claims OF citizens Of the United States against the
republic OF Costa Rica, was concluded between the
United States OF America and that republic and
was signed by their respective plempotentiares at
San Jose, on the second day Of July, thousand
eight hundred aud sixty, which convention being in
the English and Spanish languages, Is word for
word, as follows
Contention for he adjustment eF Claims Of citizens Of
the United States against tie public Of Costa Rcl.
The United States of America and the republic OF
Costa Rca, desiring to adjust the claims OF cit-
zens of said states against Costa Rica, i'll such
manner as to cement the good understanding and
friendly relations now happily subsisting between
the two republics, have resolved to settle such
claims by means OF a convention; and for that
purpose appointed and conferred iull powers, re-
spectively to wit:
The president of the United States on Alexander
Dmitry, minister resident OF said United States
in the republic OF Costa Rca, and his eNcellency
the constitutional president OF said republic OF
Costa Rca on Manuel Jose Carazo and Francisco
MaIla l 1gieslas, VINO, upon an eAcEange OF thelr
plenary powers, which were found i'll good and
proper toIm. have agreed to the following arti-
ARTICLE / 1t is agreed that all claims of citizens
of the United States upon the government OF Costa
Rica, arising from injuries TO their persons or dam
ages to their property, under any form whatsoever,
through the action OF authorities OF the republic Of
Costa Iica statements CT which, soliciting the inter
position of the government of the United States
have been presented TO the department of state at
Washington or to the diplomatic agents of said
United States at San Jose, Of COSTA Rca, up the
date of the signature OF this convention shall, to-
gether with the documents in proof, on which they
may be founded, be referred 10 Il board OF commits
sioners, consisting OF two members, who shall be
appointed in the following manner: One by the gov
ernment OF the United States O. America, aud one
by the government OF the republic OF Costa Rica
Provided, however, that claim of any citizen o!
the United States, who may be prov ed to have been
belligerent during the occupation OF Nicaragua by
the troops of Costa Rca, on the exercise Uf author
y by the latter within the territory OF the former.
shall be considered one proper for the action OF
the board OF commissioners herein provided for.
In case OF the death, absence, ncapacity, of
either commissioner or in the event OF either com
missioners emitting, ceasing act, the govern
ment of the United States OF America or that of
the republic OF Costa Ric3, respectively or the min
lister OF the latter ia the United States acting BY its
direction, shall forthwith proceed to fill the vacancy
thus occasioned.
ARTICLE 2. The commissioners 50 named shall
meet at the city of Washington, within ninety days
from the exchange OF the ratiications of this con
yention; and before proceeding to business, they
shall, each OF them, exhibit solemn OATH made
aud subscribed before competent authority. that
they viii carefully examine into and impartialy de
eide, according TO the principles of justice and of
equity, and to the spuations treaty, upon all the
claims laid before them, unGer tile provisions OF
this convention. by the government OF the United
States and in accordance with such evidence as
shall be submitted to them the part OF said Uni
ted States and Of the republic OF Costa Rica respec
lively. And their oath, to such effect, shall be
tered upon the record of their proceedings.
said commissioners shall then proceed to name an
arbitrator. or umpire, to decide upon any case or
cases, concerning which they may disagree, upon
any point points OF difference which may arise in
the course oftheir proceedings. And if they cannot
agree in the selection, the arbitrator umpire,
shall be appointed by the minister of his majesty the
king Of the Begans, to the United States, whom the
two nigh contracting powers shall invite to make
such appointment, and whose selection shall be
conclusive on both parties.
ARTICLE g. The arbitrator or umpire, being ap-
pointed the commissioners shall, without delay,
proceed to examine and determine the claims which
may be presented to them, under the provisions OF
this convention. by the government OF the United
States. stated in the preceding article: and they
shall hear. il required, person in behalf of each
government, on every separate claim.
Each government shah furnish upon request of
either of the commissioners such papers in its pos
session as may be deemed important to the just de-
termination Of any claims Of citizens of the United
States referred to the board, under the provisions
OF the first article.
In cases. whether touching injuries 10 the person,
limb life of any said citizens, damages
mitted stipulated in the first article against their
property, in which the commissioners NAV agree 10
award indemnity, they shall determine the
amount 10 be paid. In cases in which said commits
soners cannot agree. the points OF difference shall
be referred to the arbitrator umpire before whom
each of the commissioners may be heard, and his
decision shall be final.
ARTICLE l. The commissioners shall issue certif-
Gates ofthe sums to be paid TO the claimants, respec
lively, whether by virtue of the awards agreed to
between themselves, or OF those made by them, in
pursuance of decisions OF the arbitrator umpire;
and the aggregate amount Of said sums, deceed by
the certificates of award made by the commission.
ers, in either manner above Indicated and of the
sums also accrning from such certificates of award
as the arbitrator, or umpire may under the author
ity hereinafter conferred BY the seventh article have
made and issued, with the rate of interest stipulated
in the present article in favor OF any claimant,
claimants, shall be paid TO the government of the
United States, in the city of Washington in equally
semi-annual instruments. 1t is, however hereby
agreed by the contracting parties, that the pay ment
OF the first instalment shall be made eight months
from the termination OF the labols of the commits
sion and after such first PAYMENT the second and
each succeeding one, shall be made semi annually,
counting from the date of the first payment and
the whole payment of such aggregate amount, or
amounts shall be perfected within the term of ten
years from the termination OF said commission; and
each of said sums shall bear interest (also payable
semi-annuallyl at the rate of six per cent. per
num- from the day ON which the awards respective
ly, will have been decIeed,
To meet these payments the government of the
republic of Costa Rica hereby specially approprates
fifty per cent Of the net proceeds OF the enues,
arising from the customs of the said republics but if
such app OpriatOn should prove insufficient 10
make the payments above stipulated, the govern
ment of said republic binds itself to provide other
means for that purpose.
ARTIcLE 5. The commissitn herein provided shall
terminate its labors in nine months from and includ-
ing the day of its organization They shall keep an
accurate record of all their proceedings, and they
may appoint secretary, YeFsed in te knowledge Of
the English and of the Spanish languages, to assist
in the transaction of their business And, for the
conduct of such business they are hereby authorized
TO make all necessary and lawful rules.
ARTICLE g. The proceedings OF this commission
shall be final aud conclusive, with respect to ali the
claims Of citizens of the United States which, hav-
ing accrued prior to the date OF this conventions NAV
be brought before ii Tor adjustment and the United
States agree forever to release the government of the
republic of Costa Rica from any further accounta-
bty for claims which shall be rejected, either by
the board OF cOmllsslOnGls OF Dy lle arDlfatOr or
umpire aforesaid; for such as, being allowed by
either the board OF the umpire, the government OF
Costa Rica shall have provided for and satisfied in
the manner agreed upon i'll the fourth article
AgTIcLE7 Z. In the event, however, that upon the
termination OF the Iabors Of said commission stipu-
lated for in the fifth article Of this convention, any
case or cases should be pending before the umpire,
and awaiting his decision. il is hereby understood
ami agreed by the two contracting parties that,
though the board OF commissioners may, by such
limitation, have terminated their action, said umpire
is hereby authorized and empowered to proceed to
make his decision award in such cases
pending as aforesaid and upon his certificate there
or IN each case transmitted TO each OF the two gov
ernments mentioning the amount of indemnity if
such shall have been allowed by him together with
the rate Of interest specified by the fourth article
such decision or award shall be taken and held 10
be binding and conclusive. ana it shall work the
same effect as though il had been made by both the
commissioners under their own agreement or by
them upon decision Of or cases respectiyeiv
pronounced by the umpire Of said board during
the period prescribed for its session. Proyiu ed how.
ever. That a decision on every that NAV be
pending at the termination Of the abors of the
board shall be given By the umpire within sixty
DAYS OF their final adjournment; aud that at the eS
piTation OF the said sixty Gays The authority and
"a e1sa1t