Worcester daily spy., 1861-12-10

a 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, ana
was signed by their respective plenpoentiarles 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 Tor
word as follows
Contention for The adjustment Of claims Of c'tseas Of
tie United States against the Tepujtc Of Costa Rca.
The United States OF America AMI the republic of
Costa Rica, desiring 10 adjust the claims OF ct-
of said states against Costa hlea, IN such
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-
spectively to wit:
The president of the United States on Alexander
Dimitry, minister resident OF SAID United States
in the republic OF Costa kica, and his eNccliency
the constitutional president Of said republic OF
Costa Rca ON Manuel Jose Carazo and Francisco
Maria Yglesias, who, upon an exchange OF their
plenary powers which were found III good and
proper foIm. have agreed to the following arii-
cleS;-
ARTICLE l. 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 tile republic u
Costa Rica, statements CT which, soliciting the inter
position Of the government OF the United States,
have been presented 10 the department of state, at
Washington 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 board of comms.
sioners, consisting OF two members, who shall be
appointed III the following manner; one by the gov
eTnment Of the United States of America. and one
BY the government OF the republic OF Costa hca
Provided however, that no claim of any citizen OF
the United States, who may be proved TO lave been
belligerent during the occupation Of Nicaragua by
the troops Of Costa Rca, on the exercise OF author
ity, by the latter within the territory Of the former
shall be considered proper for the action OF
the board OF commissioners herein provided for
In case of the death, absence, or ncapacity OF
either commissioner or in the event of either
missoners omittng, or ceasing 10 act, the governs
ment of the United States of America. that OF
the republic OF Costa hica respectively, or the min
lister OF the latter in the United States, acting by
direction, shall forthwith proceed to li the vacancy
thus Occasioned.
ARTICLE 2. The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange of the rathcations of tins con-
vention; and, before proceeding to business they
shall, each of them, exhibit n solemn OATH made
and subscribed before a competent authority. that
they will carefully examine into and impartiay de-
clde, according TO tne principles OF justice ana OF
equity and to the stipuatiOnS 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 rs
shall be submitted TO them the part Of said Uni
ted States and OF the repnbic 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
cases, concerning which they may disagree, upon
any point or points Of difference which may arise in
Jne course OF tnelf proceedings. they
agree in the selection, the arbitrator, or umpire,
shall be appointed by the minister Of his majesty the
king of the Belgfans to the United states, whOmte
TWO high contracting powers shall invite 10 make
such appointment and whose selection shall be
conclusive on both parties.
ARTICLE 8. 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 ot
this convention, by the government of the United
States as stated in the preceding article; and they
shall hear il 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 its pos
session as may be deemed important 10 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 com
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 umpire before whom
each OF the commissioners may be heard and his
decision shall be final.
ARTICLE 4. The commissioners shall issue certif-
Gates of the 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 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 Of The
sums also accruing from such certificates of award
as the arbitrator or umpire, may under the author
ity hereinafter conferred by the seventh article have
aue ana 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
United States, in the city of Washington, in equally
seml-annual inStaiments. 1t is, however, hereby
agreed, by the contracting parties that the payment
of the first installmenL shall be made eight months
from the termination of the labors 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 commissions and
each of said sums shall bear interest (also payable
semi-annually) at the rate of six per cent per
mum, from the day Oh which the awards, respective
ly, will have been decTeed.
To meet these payments, the government of the
republic of Costa Rica hereby specially apprOpriates
fifty per cent of the net proceeds of The revenues.
arising from the customs of the said republic; 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 3. The commission herein provided shall
terminate It's abors 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 versed in the knowledge of
the English and 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 ali the
claims of citizens of the United States, which, hav-
ing accrued prior to the date of this convention, may
be brought before ii for adjustment and the United
States agree forever to release the government of the
republic of Costa Rica from any further accounta-
bllty for claims which shall be rejected, either by
the board of commissioners. by the arbitrator
umpire aforesaid; for such as, being allowed by
either the board the umpire, the government Of
Costa Rica shall have provided for and satisfied in
the manner agreed upon in the fourth article.
ARTICLE I. In the event, however, that upon the
termination of the labors 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, it is hereby understood
and agreed by the two contracting parties that,
though the board of commissioners may, by such
Imitation have terminated their action said umpire
is hereby authorized and empowered to proceed to
make his decision or award in such
pending 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
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 every that may be
pending at ihe 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 days the authority and
pOWeT hereby granted to said umpire shall cease,