Worcester daily spy., 1861-12-18

OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.



whereas. convention for the adjustment Of
claims OF citizens of the United States against the
republic of Costa ltca, was concluded between the
United STATES of America and that Iepnbic, aud
was signed by their respective pIehipotehta1ies at
San Jose, on The second day OF July, thousand
eight hundred and sixty, which convention being in
tile English and Spanish languages, is word Tor
word, as foOWs:-
Contention for the adjustment Of claims of c,fizens OF
the United States against the republic Of Costa Riea
The United States of America ana the republic Of
Costa lica, 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 subssting between
the two republics, have resolved TO settle such
claims by means of a convention; and for that
purpose appointed and conferred full powers, re-
spectively, to vii:
The president of the United States. on Alexander
Dimitry minister resident OF said United States
in the republic OF Costa Rica, and his eXcellency
the constitutional president of said republic of
l'osta Rlca on Manuel Jose CaraZo and Francisco
Maria giesias, who, upon exchange of their
plenary powers, which found in good and
proper iolm. have agreed to the following ar,i-
ARTICLE / 1t sagreed that all claims of citizens
of the United States upon the government OF Costa
Rca arising from injuries TO their persons, dam
ages TO their property, under any form whatsoever
through the action of authorities Of the republic Of
Costa Rca 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 Rica, 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 Il board o1 commits.
sioners, consisting of two members, who shall be
appointed in the following manner: One by the gov
ernment of the United States Of America, aid one
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
a belhgerent during the occupation of Nicaragua BY
the troops of Costa Rica, the exercise author
ty 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, iLcapacity, of
either commissioner. or in the event OF either com
missioner's emitting, eeasing TO act, the govern
ment of the United States OF America. or that of
the republic OF Costa Rica respectively, the min
lister of the latter i'll the United States acting by its
direction, shall forthwith proceed to fill the vacancy
thus occasOned
ARTIcLE2 The commissioners so named shall
meet at the city Of Washington, within ninety days
from the exchange of the rattcations of this CON
yention; and before proceeding to business, they
shall each OF them exhibit a solemn oath. made
and subscribed before competent authority TINT
they will carefully examine into and impartially de-
eide, according to the principles of justice and of
equity and 10 the spuatons OF treaty, upon the
claims laid before them, under the provisions OF
this convention, by the government Of the United
States, and in accordance with such evidence us
shall be submitted TO them the part OF said Uni
ted States and Ofthe republic OF Costa Rca respec-
lively. And their oath, to such effect. shall be en-
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 or upon
any point or points OF difference which may arise in
the course OF tthelr 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 Belgans to the United States whom tile
two high contracting powers shall invite 10 make
such appointment, ana whose selection shall be
conclusive on both parties.
ARTICLE 8. The arbitrator, umpire, being ap- u.
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
hey
shall hear ii required, person in behalf of each
government, on every separate claim.
Each government shall furnish. upon request of
either OF the commissioners, such papers in It's pos
session may be deemed important 10 the last 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 OF said citizens, or damages com
mtted as stipulated in the first article against their
property, III which the commissioners may agree ia
award an indemnity, they shall determine the
amount to be paid. In cases in which said commits.
siouers 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 H. The commissioners shall issue certif-
Gates OF the sums 10 be paid TO the claimants rtspec-
lively, whether by virtue of the awards agreed TO
between themselves, or OF those made by lhem in
pursuance of decisions Of the arbitrator, or umpire;
and the aggregate amount Of said sums dec eed By
the certificates Of award made by the commission.
eTs, III either manner above Indicated, and OF The
sums also pccrung from such certificates of award
as the Arbitrator or umpire, may under the author
ty hereinafter conferred by the seventh article have
made and issued with the rate OF interest stipulated
in the present article, i'll favor OF any claimant, or
claimants shall be paid 10 the government OF the
United States in the city of Washington in equally
sem-annual instruments. II is, however hereby
agreed, by the contracting parties that the payment
of the first insialiment shall be made eight months
from the termination of the gbors of the commits
sion; and, after such first payment, the second and
each succeeding one shall be made semi annually
counting fiom the date of the first payment and
fhp TtRpin tp
amounts shall he perfected within the term Of ten
years from the termination of said commission and
each of said sums shall bear interest (also payable
semi annually at the rate of six per cent, per an
num- from the day which the awards, respective
ly, will have been dee,eed
To meet these payments. the government of the
republic of Costa iea hereby specially appropriates
fifty per cent Of the net proceeds OF The revenues,
arising from the customs of the said republics but
such appropriation should prove insufficient to
make the payments as above stipulated, the govern
ment of SAID republic binds itself to provide other
means for that purpose.
ARTICLE 8. The commisst Ii herein provided shall
terminate its aboTs in nine months from and nciud-
ing the day OF its organization. They shall keep
accurate record OF all their proceedings and they
may appoint secretary, yersed in the knowledge Of
tine 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 g. 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 prior to the dae OF this convention may
be brought before it for adjustment and the United
States agree forever release the government the
republic of Costa Rica from any further accounta-
bility for claims which shall be rejected either by
the board of commissioners, or by the arbitrator,
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 in the fourth article.
ARTIoLB7. In the event, however, that upon the
termination of the laboTs of said commission stipu-
lated for in the fifth article Of this convention, any
case cases 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 indemnify. 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 ii shall work the
same effect though il had been made by both the
commissioners under their own agreement or by
them upon decision of the or cases respectiye
pronounced by the umpire OF said board duriiie
the period prescribed for its session Proyided how
ever, That decision on every that may be
pending at the termination of the labors OF the
board shall be given by the umpire within sixty
davs of their final adjournment and that at the ex.
piration OF the said sixty Gays the authority and
M wer hereby granted TO said umpire shall cease.