Worcester daily spy., 1861-12-20
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
A Proclamation.


United States Of America and that repnblic and
signed by their respective plenpotentiaries 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:-
Comuenon tor tie adjustment Of claims Of citizens Of
Me United States against ate republic gf Costa Rica
The United States OF America and the republic of
Costa Rca, desiring to adjust the claims OF citi-
zens of said states against Costa Rica in such
manner as to cement tile good understanding and
friendly relations now happily suDsisiing 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
Dimtry, 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 gleSias, who, upon an exchange OF their
plenary powers, which were found in good and
proper ioim, 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
Ica, arising from injuries to their persons, or dam
ages to their property under any form whatsoever,
through the action OF authorizes of the republic Ot
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 lose of Costa Rca, up to the
date Of the signature of this convention shall, to-
gether with tile documents i'll proof, on which they
may be founded, be referred to board O1 commits
Sioners. consisting OF two members, who shall be
appointed in the following manner: One by tie gov
ernment OF the United States of America, AID one
by the government of the republic of Costa Rica:
Provided, however, that claim OF any citizen OF
the United STATES, who may be proved have been
belligerent during the occupation of Nicaragua by
the troops of Costa Rica, 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 in the event of either COM
missioner's emitting, ceasing 10 act, the govern
America,
the republic of Costa Rica, respectively, the min
lister OF the latter in the United States, acting by its
direction, shall forthwith proceed TO fill the vacancy
thus OccasOned.
ARTICLE 3 The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange OF the ratItlcations OF this con
yention; and, before proceeding TO business, they
shall, each OF them, exhibit solemn oath, made
and subscribed before competent authority, thnt
they will carefully examine into, and imparialy de-
eide according to the principles of justice and of
equity and to the stpuaions OF treaty, upon all the
claims laid before them, under the provisions of
this convention, by the government of the United
States and i'll accordance with such evidence as
shall be submitted TO them on the part OF said Uni
ted states and OF the p pubic OF Costa Rlca 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. umpire, to decide upon any case or
cases, concerning which they may disagree, upon
any point or points OF difference which may arise in
the course O their proceedings. And if they cannot
agree in the selection the arbitrator, umpire
snail be appointed by the minister of Ills majesty the
king of the Beigians, to the United States whom the
two high contracting powers shall invite to make
such appointment, ana whose selection shall be
conclusive on both parties.
ARTICLE 8. 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 preceding articles and thet
shall hear, ii required one person in behalf OF each
government, on every separate claim.
Each government shall furnish. upon request Of
al - q ifs M Hg-
session as may be deemed lmportaLti 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 lie ofany OF said citizens, damages
mited, stipulated i'll 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 cOmmis.
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 l. The commissioners shall issue certif-
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 accrung from such certificates Of award
the arbitrator or umpire, may under the author
ity hereinafter conferred by the seventh article, have
made and issued with the 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-aHnual instalmentS. 1t is, however, hereby
agreed by the contracting parties. that the payment
of the first instamcnt shall be made eight months
from the termination of the abors of the commits
sion; and. after such first payment, the second and
each succeeding one, shall be made semi annually,
counting ON the date Of the first payments 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 pay able
lam - lH lat 11n pfn tgiN
NUN, from the day on which the awards respective
", will have been decgeed.
TO meet these payments, 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 republic but if
such app opration should prove insufficient to
make the payments above stipulated, the govern
ment of said republic binds itself to provide other
means for that purpose
ARTICLE 3. The commiSSiC herein provided shall
terminate its labors in nine months from and nclud-
ing the day of its organization. They shall keep
accurate record of all their proceedings, and they
may appoint secretary, versed III 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 6. The proceedings fthis commission
shall be ilna and conclusive, with respect to all the
claims OF citizens of the United States, which, hay
ing accrued prior the date oil this convention may
be brought before ii Tor adjustment; and the United
States agree forever to release the government OF the
republic of Costa ldca from any further aecounta-
bility for claims which shall be rejected, either by
the board OF commissioners or by the arbitrator,
umpire aforesaid; or 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 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
nppf ant flNgNVI Iyan
make his decision or award IN such case or
pending aforesaid and, upon his certificate there
Of in each case transmitted TO each of the gov
ernmeIts, mentioning the amount OF indemnify. il
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
same effect as though ii 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 decision every thatArlay be
pending at the 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 Gays the authority and
power hereby granted TO said umpire shall cease.
ARTICLE s. Each government shall pay its own
commissioner; but the umpire, well as the Incl
dental expenses of the commissioner, including the
betrayal OF the services OF secretary, who may he
appointed under the fifth article shall be paid
half by the United States and the other half by the
Republic of Costa Rica
ARTIcLE9. The present convention shall be ap-
proved and ratified by the president of the United
States of America, by and with the advice and con-
sent of the senate of the said states and by the
president of the republic of Costa Rica, with the
consent and appreciation OF the supreme legislative
power of said republic; and the ratiiicatons shall
be exchanged in the city of Washington within the
space of eight months from the date of the sigma
ture hereof or sooner ii possible.
In faith whereof. and by virtue of our respective
powers we, the undersigned, have signed the pres
ent convention, in duplicate, and have hereunto