Worcester daily spy., 1861-12-19
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA,
I Proclamation.

BY THE PRESIDENT OF IhE UNITED STATES ON'
AMERICA.
I Proclamation.
Whereas convention for the adjustment of
claims of citizens of the United States against the
republic of COSTA Rica, concluded between the
United States Of America and that republic, and
signed by their respective penipotentiarles 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
Convention FOR the adjustment Of claims Of e'teens Of
The United States against The republic Of Costa Ricd.
The United States of America ami the republic OF
Costa Rica, desiring to ADJUST the claims OF citi-
zens of said states against Costa Rica, in such
manner as to cement the good understanding and
friendly relations now happily subsising between
the two republics, have resolved TO settle such
claims by means OF Il conventions and for that
purpose appointed and conferred full powers re-
spectiyely. to wit:
The president of the United States on Alexander
Diintry, minister resident OF said United States
in the republic of Costa Rica, and his eXcellency
the constitutional president OF said republic OF
Costa Rica on Manuel Jose Carazo and francisco
Maria gesias who, upon an exchange of their
plenary powers, which were found in good and
proper folm. have agreed to the following arti-
cles:-
ARTICLE l. It is agreed that all claims of citizens
of the United States upon the government OF Costa
Rica arising from injuries to their persons dam
ages to their property, under any form whatsoever,
through the action of authorities OF the republic Ot
Costa Rica statements CT whicS soliciting the inter
position Of the government Of tile United States,
have been presented to the department of state at
Washington, TO the diplomatic agents Of said
United States at san Jose, OF Costa Rlca 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 ol commisr
Sioners, consisting of two members, who shall be
appointed in the following manner: one by the gov
ernment OF the United States of America, ard one
by the government of the republic of Costa Rca
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 author.
shall be considered proper for the action OF
the board of commissioners herein provided for.
In OF the death, absence, incapacity, of
either commissioner, or in the event of either com
mssioner's emitting, or ceasing TO act, the govern
ment Of the United States OF America. that OF
the republic OF Costa Rca, respectively, the min
lister of the latter in the United States acting by IFS
direction, shall forthwith proceed to fill the vacancy
thus occasiOned.
ARTICLE 3 The commissioners SO named shall
meet at the city of Washington within ninety days
from the exchange of the ratifcations of this
vention; and, before proceeding 10 business they
shall, each of them, exhibit solemn oath, made
and subscribed before competent authority that
they will carefully examine into and impartially de-
eide according 10 the principles of justice and of
equity and to the stipulaons of treaty, upon all the
claims laid before them, under the provisions of
this convention, by the government of the United
States and i'll 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
arbitrator 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 of their proceedings. And il they
agree in the selection, the arbitrator, umpire,
shall be appointed by the minister OF his majesty the
king of the Belgans, to the United States whom the
two high 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
mn he 10 hp O4
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 OF said citizens damages
mitted, stipulated in the first article against their
property, in which the commissioners may agree to
award an indemnity. they shall determine the
amount to be paid. In cases in which said commits.
sioners cannot agree, the points of difference shall
be referred to the arbitrator or 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, Iespec-
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
ers, in either manner above indicated, and of the
sums also accTuing 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
claimants, shall be paid TO the government of the
United States in the city of Washington, in equally
semi-annual nstalments 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 labOrs of the commits
sion; and, after such first payment the second, and
each
counting fIom 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 mi-annuayl at the rate of six per cent per an
mum. from the day which the awards, respective
ly, will have been decreed.
To meet these payments, the government of the
republic of Costa Rca hereby specially appropriates
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 to
make the payments above stipulated, the govern
ment of said republic binds itself to provide other
means for that purpose
ARTICLE 5. The commissit herein provided shall
terminate its labors in nine months from and incud-
ing the day oil its organization. They shall keep
accurate record OF all their proceedings and they
may appoint secretary, versed in the 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 hereby authorized
to make all necessary and lawful rules.
ARTICLE 6. The proceedings of this commission
shall be final and conclusive, with respect to all the
claims of citizens of the United States which, hay-
ing accrued priort the date OF this conventions may
be brought before it for Adjustment and the United
States agree release the government the
republic of Costa Rca from any further accounta-
bility for claims which shall be rejected, either by
the board of commissioners or by the arbitrator, or
umpire aforesaid or 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 in the fourth article.
ARTIoLE7 In the event, however that upon the
termination of the abors of said commission stipu-
lated for in the fifth article of this convention, any
case or should be pending before the umpire,
and awaiting his decision, it is hereby understood
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 award in such case cases
pending as aforesaid and, upon his certificate there
Of 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 to
be binding and conclusive, and it shall work the
same effect though it had been made by both the
commissioners under their own agreement or by
them upon decision of the cases 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 at 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
piration OF the said sixty Gays the authority and
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