Worcester daily spy., 1861-12-21
OEEICIAI..
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
A PrOcIamn tiOm.

San J9se on the second day of July, one thousand
eight hundred and sixty, which convention being III
the English and Spanish languages, Is Wold lor
word, aS tollows;-
The United States against the rfp"btic o. Costa hica
The United States OF America and the republic ol
Costa Rca, desi1ing TO ADJUST the cialhs OF CHI
zens Of said states against Costa Rica, III such
manner as to cement the good understanding ana
friendly relations now happily subssling between
the two republics have resolved to settle such
claims by means of conventions and for that
purpose appointed and conferred full powers, le"
spectiYely, 10 Wit;
The president OF the United States, on Alexander
Dimitry, minister resident OF said United states
in the republic of Costa Rica and his eAceency
the constitutional president OF SAID lepuOhc oil
Costa Rica on Manuel Jose Carazo and Francisco
Malia Yglesius who, upon exchange OF their
pienary powers, Which were found in good aud
proper tolm. have agreed 10 the following aIil-
cies;--
ARTICLE / 1t is agreed that all claims of citizens
of tie Unitcd States upon the government OF Costa
Rica, arising injuries to teii persons, OF uan-
ages to then property, under any iofm iais
through the action oi authorities OF tile repubhc ol
Costa ltca statements cf which, soliciting The inter
position OF the government OF the United states,
have been presented TO tie department OF state, at
Washington, to the diplomatic agents o said
United states at San Jose, 0t osta Hca, up to the
dale OF the signature of tls convention, shall, to-
gether with tie documents in proof, on which they
may be founded. be ieierIed to Il board % commis"
sioners, consisting oi two members, Mho shall be
appointed III the following manner: One by lie gov
erumeut OF the United States OF America, "a one
by the government OF the republic ol costa liica:
Pro, ided. however, that claim OF any citizen OF
the UNited states. who may be proved 10 have been
a beigerent during the occupation OF Nicaragua by
the troops Of Costa liica the exercise OF author
iy by the latter within the territory Ui tile former.
shall be considered as OEe p oper for tie action OF
the board OF commissioners heiein provided for
III of the DEATH absence, or iLcaIacity, of
either commissioner, or i'll lie event OF either com
missiohe' OmlIulg or ceasing to act, tile govern
ment Of the Uniteu States OF America. or that of
the republic OF Costa ltca. respectisely. or Tie mill
lister OF the latter in tie Chited States, acting by lis
lll frTi it to Tlta21
thus OccasOLed.
ARTICLE .. The commissioners so named shall
meet at the city OF " NaShmgtOu, within lii.ey days
from the exchange OF the raticatious of this con-
yenIion; and, before proceeding to business, they
shall, each OF them exhibit solemn oath, maze
and subscribed before u competent authority, That
They will carefully examine into, and impUItiaily de-
cide, according to the principles OF justice and Of
equity, and TO the siipuatiOns OF treaty upon all tie
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 10 them on the part OF said Uni
ted States and OF the republic OF Costa Rica, resFee-
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, decide upon any or
cases. concerning which they may disagree, or upon
any point or points oi difference " nch may arise in
the course o their proceedings. And II they cannot
agree in the sCcCtiOn the arbitrator, or unlpi e,
shall be appointed by the minister Of his majesty the
king Of the beigians, to the United States whom the
two hlgh contracting powers snail lhlle 10 make
such appointment, ana whose selection shall be
conclusive on both parties.
ARTICLE 3. The Arbitrator or umpire being ap-
pointed, the commissioners shall, without delay
proceed to examine and deter mine the claims which
may be presented TO them, under the provisions OF
this convention, by the government OF the United
States. stated i'll the preceding articles and they
shall hear il required person i'll behalf of each
government .ou every separate clam
Each government shall 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
Gt1fa tn tln lie Isl
of the first article.
In cases, whether touching injuries TO the person,
limb or iite of any oil said citizens, damages
mitted, stipulated in the first article against their
property, in which the commissioners may agree to
award indemnify, they shall determine the
amount to be paid. In cases i'll which said commits
soners cannot agree the points OF difference shall
be referred to The al bitatOr umpire, before whom
each Of the commissioners may be heard, and his
decision shall be final.
ARTICLE L. The commissioners shall issue certif-
cafes OF the to be paid to the claimants, respec
tiyely whether by virtue of the awards agreed TO
between themselves, OF OF those made by Them, in
pursuance OF decisions of the arbitrator, or 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 oi the
also accruiug from such certificates OF award
the arbitrator, or umpire may, under the author
ity hereinafter conferred by the seventh article aye
made and issued. with the rate of interest stipulated
IA tiiv l,,,t ettioie, in favor OF any claimant,
claimants, shall be paid to the government OF the
United States, in the city OF Washington, in equally
semi-amlual instruments 1t is, however. hereby
cd.
OF the first lnstallmct SIali be made eight months
from the termination OF the igbois of the commits
siou and after such fist payment the second, aud
each succeeding one. shall be made semi annually
counting II ON the cate Of the iirSt payment and
the whole payment of such aggregate amount, or
amounts shall be perfected within HE term ten
years from the termination OF said commission and
each of said sums shall bear interest ,aso payable
semi annually at the rate oi six rer cent. Per an
num- from the day ON which the awards respective
ly, Will have been dec~GCu.
TO meet these pa mentS. the government of the
republic of Costa tca hereby specially appIOuIiates
tity per the net proceeds OF the re, eltles
arising from the cStOmS OF the said republic bun if
such preparation should prove Insufficient to
make the pay above Stipulated, the gov erl-
ment Of SAID republic binds itself to pIOl ie other
mcallS for that purpose.
ARTICLE 5. the commssit n herein provided shall
terminate Ills laboIs i'll nine months from ahd iclud-
ing the DAY OF its Or5aniaation. They shall keep
accurate record OF all their proceedings, and Iley
may appoint secretary sed i'll the knowledge of
the English and Oft the Spanish languages, TO assist
in the transaction OF their business. Aud, Tor the
conduct OF such business. they hereby authu lied
to make all necessary and lawful rules.
ARTICLE 6. The proceedings OF this commission
shall be ilta ana conclusive with respect 10 all the
claims OF citizens OF the United States, which, hav-
ing accrued priOr the da,e OF this convention may
be brought before it Tor adjustment and the United
States agree Orere to release the government Ot the
republic OF Costa liica from any further accounts
bitv for claims which shall be rejected, either by
the board O commissioners. or by Tie Al bitlatur
umpile ato e,aid; or for such as being allowed by
either tie board ol the umpire, the government OF
Costa lica shall lave PROVIDED for and satisfied in
the manner agIeed upon in the fourth article.
AETICLE7 In the event however, that upon the
termination olthe lab0ls of said commission stipu-
la ed for in the nth article of this conYent0n any
case or eases should be pending before the umpire,
and awaiting his decision. it il 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 or award III such case cases
pending aforesaid and, upon his certificate there.
Of III each case transmitted TO each OF the two gov