Worcester daily spy., 1861-12-13
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES
AMERICA.


whereas a 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 and
was signed by their respective peHipoleEiaries 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 for
word, as follows
CoRpenon for the adjustment Of claims Of citizens Of
the United StGteS against tie ypRJfc Of Costa Rca.
The United States OF America aud the republic OF
Costa Hca, desiring to adjust tie claims OF citi-
zens of said states against Costa hica, 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 conventions and for that
purpose appointed and conferred full powers, re-
spectiyey, to wit:
The president Of the United States on Alexander
Dmitry minister resident OF said United States
in the republic OF Costa Rica, and Als eNcellency
the constitutional president OF said republic Of
Costa Rica on Manuel Jose Carazo and Francisco
Blaila gleslas, VINO, upoh an exchange OF tbelI
penary powers, which were found i'll good and
proper form. have agreed 10 the following arti-
ceS-
ARTICLE / II is agreed that all claims of citizens
of the United States upon the government OF Costa
Rica, arising from injuries to their persons,
ages to their property, under any form whatsoever,
through the action OF authorizes OF the republic OF
Costa Rica, statements CT which, soliciting he 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 board OF commits
sioners, consisting of two members, who shall be
appointed in the following manner one 10y the gov
ernment of the United States of America, and one
by the government of the republic OF Costa l,ica:
Provided, however, that no claim of any citizen OF
the United States, who may be proved 10 have been
belligerent during the occupation OF Nicaragua by
the troops of Costa Rica, the exercise OF author.
ity by the latter within the territory OF the former
shall be considered one proper for the action CT
the board of commissioners herein provided for.
In case of the death, absence, or incapacity, Of
either commissioner, il the event OF either com
missioneriS omitting or ceasing TO act the govern
ment of the United States OF America, that OF
the republic OF Costa Rca respectively, or the min-
lister of the latter in the United States, acting by its
direction, shall forthwith proceed TO fill the vacancy
thus occasiOned.
ARTICLE @ The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange of the raifcations OF This con
vention; and, before proceeding to business, they
shall, each of them, exhibit solemn oath, made
and subscribed before competent authority thut
they will carefully examine into and impaItially de-
eide according to the principles Of justice and OF
equity and to the stpulations 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 TO them on the part OF said Uni
ted States and ofthe republic 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 case or
cases, concerning which they may disagree or upon
any point points OF difference Which may arise in
the course of their 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 the
two high contracting powers shall invite 10 make
such appointment, and 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 determine the claims which
NAV be presented to tilem under the provisions OF
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 as 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. or life of any OF said citizens damages
mited, 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 i'll which said commits.
soners 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-
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 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
made and issued, with the rate of interest stipulated
in the present article, in favor of any claimant or
claimants, shall be paid 10 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
tlp
each of said shall bear interest talsO payable
semi-annuallyl at the rate Of six per cent per an
mum. from the day on which the awards, respective
ly, will have been deereed.
To meet these pay ments, the government of the
republic of Costa Bica hereby specially apprOpraes
fifty per cent of the net proceeds of The revenues
arising from the customs of the said republic but il
such app opriation 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 5. The commissit herein provided shall
terminate its laboTs in nine moul rs from and iucud
ing the day oil its organization. They shall keep an
accurate record of all their proceedings and thev
may appoint secretary, yersed in the knowledge of
the English and OF the Spanish languages, to assist
in the transaction of their business. And, for the
conduct 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 all tine
claims of citizens of the United States which, hav-
ing accrued priorto the date OF this convention may
be brought before il for adjustment and the United
States agree forever to release the government of 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, 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 i'll
the manner agreed upon in the fourth article
ARTICLE 7. In the event, however, that upon the
termination of the labors of said commission stipu
lated for in the fifth article of this conventions any
case or cases 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 in such case or cases
pending as aforesaid; and, upon his certificate there
of in each case, transmitted TO each of the two gov
eTnments 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 10
be binding and conclusive, and il shall work the
same effect as though il had been made by both the
commissioners under their own agreement or by
them upon decision Of tile case Tespcctiyele
pronounced by the umpire Of said board during
the period prescribed for it, session. Proyiued how
ever, That a decision on every case that may 3,
pending at the termination of the labors Of tLI
board shall be given by the umpire within sixt,
DAYS Of their final adjournment; and that at the eN
pration OF the said sixty days the authority ant
power hereby granted to said umpire shall cease.
ARTICLE s. Each government shall pay its owl