Worcester daily spy., 1861-12-07
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES c
AMERICA.


BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
4 Proclamation.
whereas, convention for the adjustment OF
claims of citizens OF the United States against the
republic of costa Rca, was concluded between the
United States OF America and That republic and
was signed by their respective peuipotentiaries at
San Jose on the second dav of July, one Thousand
eight hundred and sixty, which convention being in
the English and Spanish languages, is word for
word. as tollOws:-
The B5ifei States against The repu5c Of Costa RicQ.
The United States of America and 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 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
Spectiyely, to wit;
The president of the United States on Alexander
Dimitry, minister resident OF said United States
in the republic of Costa Rica, and his eNcellency
the constitutional president OF said republic OF
Costa Rica on Manuel Jose Carazo and francisco
Maria Ygiesias, who, upon an exchange of their
plenary powers. which We're found il good and
ci9f- ces:G ''''D' '''''S 49, ~
ARTICLE l. 1t is agreed that all claims OF citizens
of the United States upon the government OF Costa
Rica, arising from injuries 10 their persons, or DAM
ages to their property, under any form whatsoever
through tine 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, ut
United States at san Jose, of Costa Rca, up to tie
dute OF the signature OF this convention, SHALL to-
gether with the documents in proof, ON which they
may be founded be referred to a board of commits.
sioners, consisting OF two members, who shall be
appointed in the following manner: one by the gov
crnment of the United States of America, and one
by the government of the republic OF Costa Rica;
Provided, however that claim OF any citizen OF
the United States who NAV be proved TO have been
beligerent during the occupation Of Nicaragua by
the troops of Costa ltca on the exercise OF author,
ity, by the latter within the terl ory Of the former
shall be considered as one proper for the action OF
the board of commissioners herein provided for.
In OF the death, absence, or incapacity, Of
either commissioner, or in the event of either com
missoners emitting, or ceasing 10 act, the govern
ment of the United States Of America. or that OF
the republic OF Costa Rica, respectively. or The min-
lister Of the latter in the United States acting by its
direction, shall forthwith proceed to ill the vacancy
thus occasOned.
ARTICLE .. The commissioners 30 named shall
meet at the city OF Washington, within ninety days
from the exchange OF the Notifications of this
yenIion: and, before proceeding 10 business, they
shall. each OF them, exhibit solemn oath, mace
and subscribed before competent authority. Tint
they viii carefully examine into, and imparialy de-
eide, according to the principles of justice and Of
equity and to the Stpuations 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 10 them the part OF said Uni
ted States and ofthe republic OF Custa Kica lespec
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, Or upon
any point or points OF difference which may ar, e in
the course ftheir proceedings And il they cannot
agree in the selection, the arbitrator umpire,
shall be appointed by the minister of his majesty
king ofthe Belgians, to the United States, whom the
two high contracting powers shall invite 10 make
such appointment ana whose selection shall be
conclusive on both parties.
ARTICLE g. The arbitrator 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 OF
this convention, by the government Of the United
States. as stated III the article: and
shall hear If required, one person in behalf Of each
government, every separate claim.
Each government shall furnish upon request OF
either OF the commissioners, such papers in It's pos
session as may be deemed important 10 the just de-
termination of any claims OF citizens of the United
of the first article.
In cases, whether touching injuries 10 the person,
limb, or lie OF any Of said citizens, OF 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 il 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 beard and his
decision shall be final.
ARTioLE 4. The commissioners shall issue ceriii-
Gates of the sums TO be paid 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
ana the aggregate amount OF sad sums, decIeed by
the certificates of award made bJ the commission.
ers in either manner above indicated, and OF lie
sums also accruiug from such certificates of award
as the arbitrator, or umpire may, under the author
ity hereinafter conferred by the seventh article have
made ana issued, with the rate O interest stipulated
in the present article, in favor OF any claimant
claimants, shall be paid 10 che 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 iabOTs 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 oil such aggregate amount, or
amounts shall be perfected within the term Of ten
years from the termination Of said commissions and
each Of said shall bear interest also payable
semi-annually) at he rate OF six per cent. per
nun. from the day on which the awards respective
ly, will have been decyeed.
To meet these payments. the government Of the
republic Of Costa Rica hereby specially appropriatcs
fifty per cent of the net proceeds OF the revenues,
arising from the customs of the said republic; but
such app opriation should prove insufficient
make the payments as above stipulated. the govern
ment OF said republic binds itself 10 provide other
means for that purpose
ARTICLE 8. The commissit n herein provided shall
terminate its labors in nine months from ana inciud
ing the Gay OF lts organizailon They shall Keep an
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 9. The proceedings ofthis commission
shall be final and conclusive with respect To ali the
claims of citizens of the United States, which, bav
ing accrued prior the date ot this convention NAV
be brought before for Adjustment and the United
States agree foreYeTto release the government of the
bity for claims which shall be rejected, either by
the board Of commissioners or by the arbitrator or
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.
ARTICLE Z. 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
limitation have terminated their action, said umpire
is hereby authorized and empowered TO proceed to
make his decision award in such case
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 lin, 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
same effect as though it had been made by both the
commissioners under their own agreement or by
them upon decision of the case respectively,
pronounced by the umpire Of said board, during
the period prescribed for its session; Provided how
ever That a decision every case 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
niratiou of the said sixty Qays the authority and