Worcester daily spy., 1861-12-24
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.

@,
was signed by their respective penipoteutaries at
San Jose, on the second day of July, one thousand
eight hundred and sixty, which convention being in
the English and Spanish languages, is word for
word, as tollows:-
CongeaGoa for The adjustment Of claims Of citizens Of
the United States against bie republic q Costa Rtcd
The United States of America anu the republic of
Costa I,ica, desiring to adjust the claims OF citi
Of said states against Costa Rica, in 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 convention; and for that
purpose appointed and conferred full powers, re-
The president OF the United States, on Alexander
Dimitry, minister resident OF said United States
in the republic Of Costa Rica, and lis eNcellency
the constitutional president of said republic OF
Costa Hica on Manuel Jose Carazo and Francisco
Maria Yglesias' who, upon an exchange OF their
plenary powers, which were found i'll good and
proper torm. have agreed to the following ari-
cles:-
ARTICLE / IL 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 Rica 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 TO the
date OF the signature of this convention shall, to-
gether with the documents in proof, on which they
may be founded, be referred to board OF commits
sioneTs, consisting of two MEMBERS who shall be
appointed in the following manner: One by the gov
by the government of the republic Of Costa Rica:
Provided however, that no claim of any citizen Of
the United States, who may be proved TO have been
belligerent during the occupation of Nicaragua by
the troops of Costa Rica, the exercise OF author
y by the latter, within the territory of the former.
shall be considered as one proper for the action of
the board of commissioners herein provided for.
In case of the death, absence, or incapacity, of
either commissioner, or jill the event of either
mssiOner's emitting, or ceasing to act the govern
ment of the United States of America, or that OF
the republic of Costa Rca, respectively, the min
lister OF the latter in the United States acting by its
direction, shall forthwith proceed to fill the
thus occasioned.
ARTICLE 2. The commissioners so named shall
meet at the city Of Washington, within ninety days
from the exchange of the Publications of this
Yention; and before proceeding to business, they
shall, each of them, exhibit a solemn oath, made
and subscribed before competent authority, that
they will carefully examine into, and impartaly de-
eide, according to the principles of justice and OF
equity and to the stpulaons of treaty. upon all the
claims laid before them, under the provisions OF
this convention, by the government Of the United
States and in accordance with such evidence as
shall be submitted to them on 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. umpire, to decide upon any case
cases, concerning which they may disagree, rUpon
any point points OF difference which may arise in
the course of their proceedings. And il they cannot
agree in the selection, the arbitrator, or umpire,
shall be appointed by the minister OF his majesty the
king OF the Begians to the United States, whom the
such appointment, and whose selection shall be
conclusive ON both parties.
ARTICLE3 g. Me arbitrator, umpire, being APP
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, as stated i'll the preceding articles and they
shall hear ii required, one person in behalf Of each
government, OH every separate claim.
Each government shall furnish, upon request of
either of the commissioners, such papers i'll its pos
session 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 TO the person,
limb life Of any oil said citizens, damages
mtted stipulated in the first article against their
property, in which tile commissioners may agree to
award an indemnity, they shall determine the
amount to be paid In cases i'll which said commits
sioneTs 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 of the 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, decIeed by
the certificates of award made by the commission
eTs, in either above indicated, and Of the
also accruing from such certificates of award
as the arbitrator, 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 or
claimants, shall be paid to the government Of the
seni-annual instruments. 1t is, however, hereby
agreed by the contracting parties, that the payment
of the first installment shall be made eight months
from the termination of the labOTs 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 (asO payable
semi annually at the rate of six per cent, per
num- from the day on which the awards, respective
ly, will have been decreed.
To meet these payments. the government of the
republic OF Costa Rica hereby specially approprates
fifty per cent of the net proceeds of the revenues,
arising from the customs of the said republics but if
such app OpriatiOn should prove insufficient 10
make the payments as above stipulated, the govern
ment Of said republic binds itself to provide other
means for that purpose.
ARTICLE 5. The commlSsit herein provided shall
terminate its abofs in nine months from and includ-
ing the day of its organization They shall keep
accurate record Of all their proceedings and they
may appoint secretary, versed in the knowledge of
the English and ofthe Spanish languages, to assist
in the transaction oftheir business. And for the
conduct of such business, they hereby authorized
to make all necessary and lawful rules.
ARTICLE &. The proceedings oftllis commission
shall be final and conclusive, with respect to all tine
claims OF citizens OF the United States, which, hay
ing accrued prior the date Of this convention may
be brought before it Tor adjustment and the United
States agree forever TO release the government of the
republic of Costa l3ica from any further accounta-
bity for claims which shall be rejected, either by
the board of commissioners or by the arbitrator, or
ID
either the board OF the umpire the government OF
Costa Rca shall have provided for and satisfied in
the manner agreed upon in the fourth article
ARTICLE 7. In the event, however, that upon the
termination Of the abOrs Of said commission stipu-
lated for in the fifth article of this conventions any
case or cases should be pending before the umpire,
and awaiting his decision il is hereby under stood
and 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 or award in such case or cases
pendingas aforesaid and, upon his certificate there
of in each case, transmitted to each of the two gov
ernments mentioning the amount of indemnify, if
such shall have been allowed by him, together with
the rate of interest specified by the fourth article
such decision award shall be taken and held to
be binding and conclusive, and it shall work the
effect as though it had been made by both the
commissioners under their own agreement or by
them upon decision of the respectively,
pronounced by the umpire Of said board. during
the period prescribed for its session. Provided how
ever, That decision on every case that may be
pending ut the termination of the labOrs Of the
board shall be given by the umpire within sixty
days of their final adjournment; and that at the eX.
piratiOn O1 the said sixty days the authority and
power hereby granted to said umpire shall cease.
ARTICLE s. Each government shall pay its own
commissioner; but the umpire, well as the Incl
dental expenses of the commissioner including the
betrayal of the services of secretary who may be
appointed under the fifth article shall be paid one
half by the United States and the other half by the
Republic of Costa Rca.
ARTICLE9 g. The present convention shall be an
proved and ratified by the president of the United
States of America by and with the advice and con-
sent of the senate of the said states; and by the
president of the republic of Costa Rica, with the
consent and appreciation OF the supreme legislative
power of said republic; and the ratiicatons shall
be exchanged in the city of Washington within the
space of eight months from the date of the sigma
ture hereof, or sooner if possible.
In faith whereof and by virtue of our respective
powers, we, the undersigned, have signed the pres
ent convention in duplicate, and have hereunto