Worcester daily spy., 1861-12-11
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES
AMERICA.

\ Proclamation.
Whereas a convention for the adjustment oil
claims OF citizens of the United States against the
republic OF Uosla Rica was concluded between the
United States of America and that republic, and
signed by their respective penipoteutiaries 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 1Oiiows:-
Contention for the adjustment Of claims Of citizens Of
The United States against the republic Of Costa Rica
The United States of America ana the republic Of
Costa Riea desiring TO adjusI the claims ot citi-
Zens of said states against Costa Rica in such a
to cement The good understanding and
friendly relations now happily subsisting between
the two republics, have resolved 10 settle such
claims by means OF a convention; and for that
purpose appointed and conferred full powers, Ie
spectively, to wit:
The president OF the United States, Alexander
Dimtry, minister resident OF said United States
i'll the republic of Costa Rica, and lis eNcellency
the constitutional president OF said republic Of
Costa Rica on Manuel Jose Carazo and Francisco
Maria glesas who, upon exchange of their
plenary powers, which were found in good and
proper foIm. have agreed to the following arti
ces:-
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 the republic Oi
Costa Rica statements cf which, soliciting he inter
position of the government Of the United States,
have been presented to the department of state, at
Washington TO the diplomatic agents OF said
United States at san Jose, of Costa Rca, up to the
gether with the documents IN proof, OF W ich they
may be founded, be referred 10 bOarG of commits.
sioners, consisting of two members, vi o rall be
appointed in the following manner: One by tn gov
ernment OF the United States OF America, an one
by the government of the republic of Cos,d 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 Rca, the exercise OF author
ity by the latter within the territory OF the orner
snail be considered as one proper lor the action o.
the board of commissioners herein provided for.
III case Of the death, absence, or incapacity, oi
either commissioners or III the event OF either COM
mSsioner'S emitting, ceasiHg TO act the govern
ment of the United States Of America that Of
the republic of Costa Rica respecvey or tie min
lister OF the latter in the United States acting by It's
direction, shall forthwith proceed to ill the vacancy
thus occasOHed
meet at the city OF Nashingtol within ninety days
from the exchange OF the ratifcations OF this
vention; and, before proceeding to business, they
shall, each OF them exhibit solemn oath, maze
and subscribed before competent authority, that
they will carefully examine into, and mpartially de-
eide according to the principles OF justice and 0i
equity and the stpulatiOns OF treaty. upon all the
claims laid before them, under tile provisions Of
this convention, by the government OF the United
States, and in accordance with such evidence
shall be submitted to them on the part OF said Uni
ted States and Of the 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 OF
cases, concerning which they may disagree, upon
any point points OF difference which may arise in
the of their proceedings. And If they
agree in the selection, the arbitrator umpire,
shall be appointed by the minister of his majesty tie
king of the Belgians, to the United States, whomthe
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
may be presented to them, under the provisions Of
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 shah 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 10 the board, under the provisions
of the first article.
In cases, whether touching injuries o the person,
limb, or life ofany OF said citizens damages
mitted as stipulated in the first article against their
property, in which the commissioners may agree
award an indemnity. they shall determine the
amount to be paid. In eases in which said commits.
sioners cannot agree, the points of difference shall
be referred TO the arbitrator or umpire before whom
each of the commissioners may be heard, and his
decision shall be final.
ARTICLE 4. The commissioners shall issue certili-
Gates ofthe sums to be paid to the claimants espec
tively. 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 accrnng from such certificates of award
tine arbitrator or umpire, may, under the author
iy hereinafter conferred by the seventh article, have
made ana lssueu wliL the rate OF interest stipulated
in the present article, in favor OF any claimant,
claimants. shall be paid TO the government of the
United States in the city of Washington in equally
semi-annual inStalments. II is, however, hereby
agreed by the contracting parties, that the payment
of the first nstallment shall be made eight months
from the termination OF the l8bors of the commits
sion; and. after such first payment the second and
each succeeding one, shall be made semi annually,
counting fl ON the date of the first paymemt 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 taSO payable
semiannually) the rate of six per cent. per
mum. from the day on which the awards respective
ly, win have been dec7eed.
To meet these pay mens, 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 appropriation 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 8. The commission herein provided shall
terminate its labors 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 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 g. The proceedings OF this commission
shall be final and conclusive, with respect to all the
claims of citizens of the United States, which, hav-
ing accrued prior TO the date OF this convention may
be brought before it for adjustment; and the United
States agree forever to release the government of the
republic of Costa Iiica from any further accouna-
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 iica 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 decsiOn 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
pendlng as aforesaid and, upon his certificate there
Oh IN each case, transmitted to each OF the two gov
ernments mentioning the amount of indemnity if
such snail 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 it shall work the
same effect as though it had been made by bofi, the
commissioners under their own agreement or bV
them upon decision of the or cases respeetivey
pronounced by the umpire OF said board durii,,'
the period prescribed for its session. Proyioed boy
ever, That a decision Oh every case that NAV he
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 ex.
piration OF the said sixty days the authority and
power hereby granted to said umpire shall cease.