Worcester daily spy., 1861-12-14


a Proclamation.
Whereas 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 plenipotentaries 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
Convention for tle adjustment of claims of citizens Of
the United States against the republic Of Costa Riea.
The United States OF America and the republic OF
Costa Rica, desiring to adjust the claims OF citi-
of said states against Costa Rica, i'll such a
manner to cement the good understanding and
friendly relations now happily subssting between
the two republics, have resolved 10 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 Iglesias, who, upon an exchange of their
plenary powers, which were found i'll good and
proper form. 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 to their persons,
ages to their property under any form whatsoever,
through the 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, at
Washington, 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.
sioneTs, 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 the 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 proper for the action OF
the board of commissioners herein provided for.
In case of the death, absence, or ncapacity, OF
either commissioner or in the event of either COM
missiOners omtting, ceasing TO act, the govern
ment of the United States OF America. 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 occasioned.
ARTICLE 2. The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange OF the ratihcations of this
vention; and, before proceeding TO business, they
shall, each OF them, exhibit solemn oath, made
and subscribed before competent authority. that
they will carefully examine into and impartally de
eide, according to the principles Of justice and OF
equity, and to the spulaions 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 us
shall be submitted to them the part OF said Uni
ted States and OF the republic of Costa Rica, respec
lively. And their oath, such effect. shall be ell
tered upon the record of their proceedings.
Said commissioners shall then proceed to name
arbitrator or umpire, to decide upon any case or
cases, concerning which they may disagree, orupon
any point or points OF difference which may arise in
the course of their proceedings. And they cannot
agree in the selection, the arbitrator, umpire,
shall be appointed by the minister OF his majesty the
king of the Belgians, 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 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, one 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 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 oil said citizens damages
mitted stipulated in the first article against their
property, in which the commissioners may agree to
award an indemnity, they shall determine tie
amount to be paid. In cases in which said commits
sioneIs 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 4. The commissioners shall issue certif-
Gates of the sums to be paid TO the claimants respec
lively whether by virtue of the awards agreed 10
between themselves, or of those made by them, in
pursuance of decisions of the arbitrator, umpire:
and the aggregate amount OF said sums, creed 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 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-annual instalments. 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 isboTs 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,
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
semi-annualy) at the rate of six per cent per an
mum. from the day on which the awards respective
ly will have been decTeed.
To meet these payments, the government of the
republic of Costa Hica hereby specially appropriates
fifty per cent of the net proceeds OF the revenues
arising from the customs of the said republic but if
make the payments as above stipulated, the govern
ment of said republic binds itself to provide other
means for that purpose
ARTICLE s. The commissic herein provided shall
terminate its abors in nine months from and includ-
ing the day OF its organization They shall keep an
accurate record Of all their proceedings and thew
may appoint secretary, yersed in the knowledge Of
tine English and of the Spanish languages to assist
in the transaction oftheir business. And, for the
conduct of such business they hereby authorized
to make all necessary and lawful rules
ARTICLE 6. The proceedings Ofthis commission
shall be final and conclusive with respect to all tine
claims of citizens of the United States which hay-
ing accrued priorto the date OF this convention NAV
be brought before it for adjustment; and the United
States agree forevero 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. by the arbitrator or
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.
ARTICLE7. In the event. however, that upon the
termination of the labors of said commission stpu-
latedfor in the fifth article of this convention, 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
or IN each case, transmitted TO each of the two gov
ernmehts, 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 it had been made by both thc
commissioners under their agreement or nv
them upon decision of the or cases resneetiye
pronounced by the umpire of said board durin11
the period prescribed for its session; Provided ho
ever, That a decision every case that NAV he
pending at the termination of the abors 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 Gays the authority and
power hereby granted to said umpire shall cease.
shall ,te