Worcester daily spy., 1861-12-03
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES
AMERICA
n Proclamation

AMERICA.
n 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
signed by their respective plenipotentafieS 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 folloYs:-
Conuenon for The adjustment Of claims of citizens of
the 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
manner as to cement the good understanding and
friendly relations now happily subssting between
the two republics, have resolved to settle such
claims by means of convention; and for that
purpose appointed and conferred full powers Ie-
spectYely, to wit:
The president of the United States on Alexander
Dimitry, minister resident of said United States
in the republic OF Costa Hica and his eXceency
the constitutional president OF said republic of
Costa lca on Manuel Jose Carazo and Francisco
Maria glesias, who, upon an exchange of their
plenary powers, which found i'll good and
proper form. have agreed 10 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 their persons or dam
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
n.
gether with the documents III proof, on which they
may be founded, be referred to board of commits.
sioners 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 liica
Provided, however, that claim OF any citizen OF
the United States, who may be proved to have been
beligerent during the occupation of Nicaragua by
the troops of Costa Rca on The eN ercise OF athor
it, by the latter within the territory the former
shall be considered as one proper for the action OF
the board OF commissioners herein provided for.
In nf fhn dnpf ahs ffnUaF ut
either commissioner, in the event OF either
missioner,s emitting or ceasng TO act, the govern
ment Of the United states OF America. that of
the republic OF Costa ldca respectively or the min
lister of the latter in the United States, acting by its
direction, shall forthwith proceed 10 til the vacancy
thus oeeasi 0ned
ARTICLE 2. The commissioners 80 named shall
meet at the city of Washington within ninety days
from the exchange OF the Publications Of this
vention; and before proceeding TO business, they
shall each of them exhibit solemn oath made
-fid subscribed before competent authority, that
they win carefully examine into and impartially de-
eide, according to the principles Of justice and OF
euuity and to the stipuations 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 as
shall be submitted to them on the part OF said Uni
ted States and of the republic of Costa Rica, respcc
lively. And their oath, to such effect, shall be
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, rupon
any point or points OF difference which may arise in
the of their proceedings. And il 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 umpire, being ap.
pointed the commissioners shall Without delav
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 III its pos
session as may be deemed important 10 the just de-
termination of any claims OF citizens Of the United
States, referred TO the board, under the provisions
In cases whether touching injuries 0 the person,
limb, or life of any OF said citizens, damages com
med, 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.
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 T. The commissioners shall issue certif-
of the sums to be paid TO the claimants rcspec-
lively, whether by virtue of the awards agreed TO
between themselves. or of those made by them, i'll
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
as the arbitrator, or umpire, may, under the auhor
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,
claimants, shall be paid to the government of the
United States, in the city OF Washington. in equally
semiannual instalments. 1t is, however, hereby
agreed by the contracting parties, that the payment
of the first instament shall be made eight months
from the termination of the iabors OF the commits
sion; and, after such rst 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
semiannually) at the rate of six per cent per an
", will have been decTeed.
10 meet these payments, the government of the
republic of Costa Rca hereby specially appropriates
tiftv per cent of the net proceeds of the revenues
arising from the customs of the said republic but if
such app opfiation 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 5. The commissit herein provided shall
terminate its labors in nine months from and ncud-
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 ana OF me spanish languages assist
conduct of such business they hereby authorized
to make all necessary and lawful rules
ARTICLE 6. The proceedings oft commission
shall be final and conclusive, with respect to all the
claims of citizens of the United States which, hav-
ing accrued prior the date Of this convention
be brought before it for adjustment; and the United
States agree forever release the government of the
republic Of Costa Rica from any further accounta-
bity 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
Costa Rica 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 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 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
maEe S; ms decision or award in such case
pehaihg as aforesaid and, upon his certificate there
OF, III eaeh case transmitted TO each of the two gov
ernmehts, mentioning the amount of indemnify if
snch snall nave been allowed By him, together with
the rate OF interest specified BY the fourth article
sueh decision OF award shall be taken and held TO
De plnGIhg anu conclusive, and il shall work the
same effect as though it had been made Inv bofb tho
commissioners under their agreement Or by
them upon decision of the or cases resnectivei
pronounced by the umpire of said board di,rin5s,
the period prescribed for its session: Provided ho
ever That a decision every case that may be
pending at the termination Of the abors Of flo
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
Innt arrae foll nae ff-