Worcester daily spy., 1861-12-16
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
E EBroQIamatTDn.

Il RFoCtamattOn.
Whereas, convention for the adjustment Of
claims OF citizens OF the United States against tile
republic of Costa Rica, concluded between the
United States of America and that republic, and
was signed by tlIeir respective peuipotentialies al
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
word as follows
ConpeHtioH for the adjustment Of claims Of ezens Of
the United STATES against the relH5ic Of Costa Rica.
The United States OF America ana the republic OF
Costa Hica, desiring TO adjust the claims OF citi
of said states against Costa Rica, in such a
manner 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 ana conferred fulI powers, re"
spectiyely. to wit:
The president of the United States, on Alexander
Dnitry, minister resident OF said United States
in the republic of Costa Rica, and his eNcellency
the constitutional president Of said republic of
Costa Rca Manuel Jose CaraZo and francisco
Maria glesias, who, upon exchange OF their
plenary powers, which were found i'll good and
proper foIm have agreed to the following arti-
cles
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 the action oi 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, at
Washington, or TO the diplomatic agents OF said
United States at San Ose, of Costa Rca up to the
date OF tine signature OF tins 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
ernment of the United States of America and one
by the government of tile republic of Costa Rica:
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.
ity, by the latter within the territory of the former
shall be considered one proper for the action OF
the board of commissioners herein provided for.
In case of the death, absence, or incapacity, of
either commissioner or in the event of either COM
mssioner's omtting, or ceasing TO act, the govern
ment of the United States OF America. or that of
the republic of Costa Rca respectively, the mil-
lister of the latter in the United States acting by its
direction, shall forthwith proceed TO fill the vacancy
thus occasiOned.
ARTICLE 2. The commissioners so named shall
meet at the city of W Washington, within ninety days
from the exchange of the ratitlcatOns of this
vention; and, before proceeding to business, they
shall, each of them, exhibit a solemn oath, made
and subscribed before a competent authority, TINT
they will carefully examine into, and impartially de-
eide, according to the principles of justice and OF
equity and to the spuatiOns 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
shall be submitted to them the part of said Uni
ted States and of the republic of Costa Rica espec-
lively. And their oath, to such effect, shall he
tered upon the record of their proceedings.
Said commissioners shall then proceed TO name
arbitrator, or umpire, to decide upon any
cases, concerning which they may disagree or upon
any point points OF difference which may arise in
the course of their proceedings. And if they cannot
agree in the selection, the arbitrator, umpire,
shall be appointed by the minister of his majesty the
king of the Bel gians 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 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 stated in the preceding article and they
shall hear. il required one 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 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 otsaid citizens, or damages com
mtted 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
sioneTs 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 L. The commissioners shall issue certif-
of the TO be paid to the claimants respec-
lively, whether by virtue of the awards agreed 10
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
ly hereinafter conferred by the seventh article lave
made and 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
semi-annual instruments. 1t is, however, hereby
agreed by the contracting parties, that the payment
of the first instalment 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 commission; and
each of said sums shall bear interest also payable
semlannnallyl at the rate OF six per cent per an
mum, from the day which the awards, respective
1y, will have been decGeed.
TO meet these ayments, 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 republc but if
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 s. The commssit n herein provided shall
terminate its abors in nine months from and includ-
ing the day OF Is organization. They shall keep an
accurate record OF all their proceedings and they
may appoint secretary, yersed in the knowled ge Of
the English and of the Spanish languages, to assist
conduct of such business they are 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 tine
claims of citizens of the United States which, hay
ing accrued prior the date OF this convention may
be brought before 1t Tor adjustment and the United
States agree forever TO release the government of the
republic of Costa Rica from any further accounta-
biiity for claims which shall be rejected either by
the board of commissioners. by the arbitrator or
umpire aforesaid for such as, being allowed by
either the board OF the umpire, the government Of
Costa hiea shall have provided for and satisfied in
the manner agreed upon in the fourth article.
ARTIcLE7. 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 ana empowered to proceed to
make his decision or award in such case or cases
penulhg as aforesaid and upon his certificate there
Of IN each case transmitted to each of the two gov
ernnents, 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 10
be binding and conclusive and il shall work the
same effect though it had been made by both The
commissioners under their own agreement ar Inv
t,iem upon decision of the or cases resnectyelv
pronounced by the umpire Of said board during
the period prescribed for its session. Provided how
ever That a decision every case that NAV be
pending at the termination Of the labors Of tie
board Shall be given BY the umpire within sixty
days of their final adjournment; and that at the eN-
piration OF the said sixty Gags the authority and
power hereby granted to said umpire shall cease.
ARTICLE 8. Each government shall pay It's own