Worcester daily spy., 1861-12-23
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.


o \ TVIITTUTTV,
was signed by their respective plenipotenaries at
San Jose, on the second day of July one thousand
eight hundred andsiNty, which convention being in
the English and Spanish languages, Is word Tor
word, as folloWs:-
Coapentioa for the adjustment Of claims Of c,tseaS Of
me United States against the republic of 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 a
manner as to cement the good understanding and
friendly relations now happily suDsisting between
the two republics, have resolved to settle such
claims by means of Il convention; and Tor 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 Rca, and his eXcellency
the constitutional president of said republic OF
Costa Rca on Manuel Jose CaIazo and Francisco
Maria glesiaS who, upon an exchange OF their
plenary powers, which found in good and
proper foIm. have agreed TO the following arti-
cles:-
ARTICLE |. 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 amy 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, or TO the diplomatic agents OF said
United States at San Jose of Costa Rlca, 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 Ol commits.
sioners consisting OF two members, who shall be
appointed in the following manner; one by he gov
by the government of the republic OF Costa Rica:
Provided, however that claim OF any citizen OF
the United States, who may be proved to have been
a beligerent during the occupation OF Nicaragua by
the troops of Costa Rica, on the exercise OF author
iy 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 incapacity, OF
either commissioner, or in the event ot either COM
missioners emitting, ceasng TO act, the govern
ment Of the United States OF America. or that of
the republic of Costa Rica, respectively or he min
lister OF the latter in the United States acting by It's
direction, shall forthwith proceed to fill tie vacancy
thus occasiOued
ARTICLE 9 The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange OF the ratlcaiOns OF this con-
yentiOn; and, before proceeding to business, they
shall each OF them, exhibit solemn oath, MAGE
and subscribed before competent authority that
they will carefully examine into, ana lmpartlally de-
eide according to the principles OF justice and OF
equity and to the stpuiations 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 10 them on the part OF said Uni
ted States and OF the republic OF Costa lca .respec-
lively. And their oath, to such effect, shall be en-
tered upon the record of their proceedings.
Said commissioners shall then proceed to name an
arbitrator. umpire, to decide upon any
cases, concerning which they may disagree or upon
any point or points OF difference which may arise in
the course o their proceedings. And il they cannot
agree in the selection, the arbitrator, umpire,
shall lie appointed by the minister OF his maj jeSy the
king of the Begians, to the United States, whom the
such appointments, ana whose selection shall be
conclusive on both parties.
ARTICLE 3. The al bitIator, 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 stated in the preceding article; and they
shall hear, il required, person in behalf Of each
government, every separate claim.
Each government shall furnish, upon request of
either Of the commissioners, such papers in lis 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 TO the person,
limb or life of any OF said citizens, 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 i'll which said commits.
sioneTs 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
ARTICLE 1 rne commissioners shall issue certif-
the to be paid to the claimants resnec-
lively, whether by virtue of the awards agreed to
between themselves, or OF those made by them in
pursuance of decisions of the arbitrator or umpre:
and the aggregate amount of said sums decleed 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 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
semannual instaments. 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 labors of the commits
sion and after such first payment the second and
each succeeding one, shall be made semi annually
counting tIom the date OF the first payment; and
the whole payment of such aggregate amount or
amounts shall be perfected within the term of len
years from the termination of said commiss and
each of said shall bear interest (aso PAYABLE
semannually) at the rate of six per cent. per an
num- from the day on which the awards, respective
ly. will have been dec-eed.
To meet these pay lnents, 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 Iepublc but
such app opriatiOn 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 s. The commissitn II herein provided shall
terminate its abOrs in nine months from and nclud-
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 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 the
claims OF citizens of the United States, which, hay-
ing accrued priorto the date OF this convention may
be brought before it for adjustment and the United
States agree forever to release the government the
| republic OF Costa Rica from any further accounta-
biIity for claims which shall be rejected, either by
the board OF commissioners. or by the arbitrator,
umpire aforesaidi or for such as, being allowed by
either the board the umpire, the government Of
Costa iea shall have provided for and satisfied in
the manner agreed upon in the fourth article
ARTICLE 7. In the event, however, that upon the
termination Of the abOrs of said commission stipu-
lated for in the fifth article of this convention any
case 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 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
ernmentS 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 to
be binding and conclusive, and il shall work tbe
commissioners under their agreement, or by
them upon decision of the respectively,
pronounced by the umpire of said board, during
the period prescribed for its session; Provided how
ever, That decision every that may 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 eX-
piraton 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 as well the Incl
dental expenses of the commissioner, including the
betrayal of the services of secretary, who may be
appointed under the filth article shall be paid one
half by the United States and the other half by the
Republic of Costa Rca.
ARTICLE 8. The present convention shall be an
proved and ratified by the president OF the United
States of America, by and with the advice and con-
president of the republic of Costa Rca, with the
consent and appreciation of the supreme legislative
power of said republic; and the ratifcations shall
be exchanged in the city of Washington within the
space of eight months from the date of the sigma
ture hereof, or sooner il 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
affixed seals,