Worcester daily spy., 1861-12-25
OFFICIAL.
ny THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
a RrOcIama tIOn,


United States of America and that republic, and
was signed by their respective penipotenaries 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 1oows:-
ConrentOn for the adjustment Of claims Of c,tSenS Of
the United States against the republic Of Costa Rica
The United States OF America anu the republic OF
Costa Rica, desiring to adjust the claims OF citi-
Zens of said states against Costa Rica, in such
manner as to cement the good understanding and
friendly relations now happily suUsisting between
the two republics have resolved to settle such
claims by means OF conventions and Tor that
purpose appointed and conferred full powers, le-
speciiyely, TO witt
The president OF the United States. on Alexander
Dmitry minister resident OF said United States
i'll 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 in good and
proper toIm. have agreed to the following artl-
ces:-
ARTICLE l. 1t is agreed that all claims of citizens
of The United States upon the government OF Costa
Rca, arising from injuries to their PERSONS or dam
ages TO their property under any form whatsoever,
through the action of authorities of the republic of
Costa Ica 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 Rca up to the
date of the signature of this convention, shall, to-
gether with the documents i'll proof on which they
may be founded, be referred to board on commits
soners, consisting OF two members, who shall be
appointed i'll the following manner: One by ihe 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 on the exercise OF author
ity, by the latter within the territory Of the former
shall be considered as one proper for the action of
the board OF commissioners herein provided for.
In case of the death, absence, incapacity, of
either commissioner, in the event of either COM
missioners emitting, or ceasing to act the govern.
ment OF the United States OF America. or that Of
the republic oil Costa Rlca. 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.
ARTIcLE2. The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange OF the ratfcations of this con-
vent0n; and, before proceeding to business, they
shall, each OF them, exhibit II solemn oath. made
and subscribed before Il competent authority. thnt
they viii carefully examine into, and imparialy de-
eide, accOl ding to the principles OF justice and OF
equity, and to The spuatons OF treaty, upon all tile
claims laid before Ihem under tie provisions OF
this convention, by the government Of the United
States, and in accordance with such evidence as
shall be submitted 10 them on the part OF said Uni
ted States and OF the republic OF Costa Rica reSpec-
lively And their OATH 10 such effect. shall be ell
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, or upon
any point Or points Oi difference which may arise in
the course OF their proceedings. And il they cannot
agree in the selection, the arbitrator. or umpire,
king OF the beisiaS, TO the United States Mhomtl tile
two high contracting powers shall invite 10 make
such appointment, and whose selection shall be
CONCLUSIVE on both parties.
ARTICLE 3. The ~ Bit ator, umpire, being ap-
pointed, the commissioners shall, without delay,
proceed to examine and deter mine the claims which
may be presented to them, under the provisions OF
this convention. by the government OF the United
States, stated i'll the preceding article; and they
shall hear. ii requ ed one person i'll behalf OF each
government, on every separate claim.
H., request
either Of the commissioners, such papers in ills pos
session as may be deemed important 10 the just de-
termination OF claims OF citizens of the United
States, referred 10 the board, under the provisions
OF the first article.
In cases. whether touching injuries TO the person,
limb. or lie OF any OF said citizens, or damages com
mited. stipulated i'll the first article against their
property, in which the commissioners may agree 10
award an indemnify, they shalt determine the
amount to be paid. In cases i'll which said commits.
siUners 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 certii-
Gates he be paid to the claimants, respec-
lively, whether by virtue of the ards agreed to
between themselves, or OF those made by them in
pursuance Ot decisions OF the arbitrator, umpire;
aud tile aggregate amount Of said sums deceed by
the certincates of award made by the commission.
ers. in either manner above indicated, and OF the
sums also accung from such certificates of award
as the arbitrator, or umpire may, under the aul
iy hereinafter conierled by the seventh article nav
made and issued with the rate OF interest stipuat ed
in the present article, III favor OF any claimant, or
claimants, shall be paid TO the government OF the
United States in the city OF Washington, i'll equally
semi-annua instruments 1t is, however, hereby
agreed. by the contracting parties that the payment
OF the first ustallment shall he made eight mont hs
from the termination of the iabols of the commits
sion; and after such first payment the second, and
each succeeding one, shah be made semi annually,
counting Iom the date of the first payment; and
the whole payment of such aggregate amount or
amounts shall he perfected within the term of ten
years from the termination OF said commission; and
each of said sums shall bear interest (also payable
semi annually at the rate of six per cent per an.
nam. from the day OH which the awards, respective
ly, will have been decTeed.
To meet these pay ments. the government of the
republic OF Costa Rica hereby specially appropriates
fifty per cent of the net proceeds of the revenues,
arising from the customs of the said republics but il
such app opTiaion 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 8. the cOmmissit II herein provided shall
terminate It's labOs III nine months from and Mclud-
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
tine English and 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 tlna and conclusive, with respect to all tine
claims OF citizens of the United States which, hay
ing accrued prior the date OF this conventions may
be brought before it for Adjustment and the United
States agree forever to release the government Of the
o. acGOuntil-
biily 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 hica shall have provided for and satisfied in
the manner agreed upon in the fourth article.
ARTICLE7. In the event, however that upon the
termination Oft the abOrs OF said commission stipu-
lated for i'll 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
pendingas aforesaid ana upon his certificate there
Of i'll each case, transmitted to each OF the two gov
ernmehts mentioning tie 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 he taken and held to
be binding and conclusive, and il shall work the
same effect as though it had been made by both the
commissioners under their own agreement, by
item upon decision OF tile case or respectively,
pronounced by the umpire of said beard. during
the period prescribed for its session; Ploviued how
ever That n decision on every case 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-
piration OF the said sixty She authority and
power hereby granted TO said umpire shall cease.
ARTICLE s Each government shall pay It's own
commissioners but tie umpire, as well as the Incl
dental expenses of the commissioner, including the
detayal OF the services Of secretary, who may be
appointed under the fifth article, shall lie paid one
half by the United States and the other halt by the
Republic of Costa Rica.
ARTloLE9 g. 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 staies; and by the
president of the republic of Costa Rica, with the
consent and appreciation OF the supreme legis aiye
power of said republics and the ratiicatons shall
be exchanged in the city of Washington within the
space of eight months llom the date of the sigma
tuie hereof, or sooner ii possible.
In faith whereof, and by virtue of our respective
IL