Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-07
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.

claims OF citizens of tine United States against the
republic of Costa Rica- was concluded between the
United States of America and that republic. and
signed by their respective plenipoentiaries 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:-
Contention for the adjustment Of claims Of crii=sns of
the United States against the republic of Costa Ricq
The United States of America and the republic of
Costa Rica, desiring to adjust the claims OF cti-
zens OF said states against Costa Rica i'll such
manner as to cement The good understanding and
friendly relations now happily subsisting between
the two republics, have resolved to settle such
claims by means OF Il convention; aud for that
purpose appointed and conferred full powers,
spectiYely, to wit
The president of the United States on Alexander
Dimtry, minister resident OF said United States
in the republic OF Costa Eca, and his excellency
the constitutional president of said republic of
tosta Rica on Manuel Jose Carazo and Francisco
Maria glesias, who, upon an exchange of their
plenary powers, which were found in good and
proper foIm 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 their persons or dam
ages to their property, under any form whatsoever
through the action of authorities of the republic of
Costa Rica statements Of 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 RIGA, 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 commits
sloners, consisting of two members, who shall be
appointed in the following manner: One by the gov
eminent of the United States of America, and one
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
belhgerent during the occupation of Nicaragua by
the troops of Costa Rca the exercise OF author.
lty, 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, incapacity, of
either commissioner, or in the event of either COM
m mr. to Oof tla
ment of the United States of America. or 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 ?. The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange of the rati1cations of this CON
yentioni 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 mpartially de-
eide, according to the principles of justice and of
equity, and to the stpuatons 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 the part OF said Uni
ted States and of the republic of Costa Rica 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. or umpire to decide upon any case or
cases, concerning which they may disagree or upon
any point or points OF difference which may arise in
the course of their proceedings. And If they cannot
agree in the selection, the arbitrator, or 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 en-
pointed, the commissioners shall. without deiay
proceed to examine and determine the claims which
may be presented 10 them, under the provisions OF
this convention, by the government of the United
States as stated in the preceding artice and they
shall hear II required, one person in behalf OF each
government, on every separate claim.
Each government shall furnish, 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 tile 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 or 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
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 l. The commissioners shall issue certif-
Gates of the to be paid to the claimants respec-
lively, 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 dec eed by
the certificates of award made by the commission.
ers. in either manner above indicated and of The
sums also accTuing 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
claimants, shall be paid TO the government of the
United States in the city OF Washington. in equally
semi-annua instruments. 1t is, however, hereby
agreed, by the contracting parties that the payment
OF the first inStalment shall be made eight months
from the termination of the lsboTs 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, or
amounts. shall be perfected within the term of ten
years from the termination of said commission and
each of said sums shall bear interest talso 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.
10 meet these payments. the government of the
republic of Costa Rca hereby specially approDriates
fifty per cent of the net proceeds of the revenues
arising from the customs of the said republic but if
such app opriation 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 commissiC n 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 are hereby authorized
to make all necessary and lawful rules.
ARTICLE 6. The proceedings of this commission
shall be final and conclusive with respect all the
claims of citizens of the United States which, hay
ing accrued prior to the date oil this conventions may
be brought before it for adjustment; and the United
States agree foreyero release the government of the
republic of Costa Rica from any further accounta-
biity 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.
ARTICLE Z. 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 or cases should be pending before the umpire
and awaiting his decision, it is hereby understood
and agreed by the two contracting parties that,
though the board OF commissioners may, by sucli
limitations 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
Of i'll 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 it shall work the
same effect as though it had been made by both tho
commissioners under their own agreement or BY
them upon decision of the case respectively
pronounced by the umpire of said board during
the period prescribed for its session. Provided how
ever, That decision every case that NAV be
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
ARTICLES Each government shall pay its own
commissioner; but the umpire as well as the incl
dental expenses of the commissioner including the
betrayal of the services Of secretary who may be
appointed under the ff article shall be paid one
half by the United States and the other half by the
Republic of Costa Rca.
ARTICLES The present convention shall he nm
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 states; and by the
president Of the republic of Costa Rica with the
consent and appreciation of the supreme legislative
power of said republics and the Publications shall
be exchanged in the city of Washington within the
space of eight months from the date of the sigma
ture hereof, or sooner if possible.
In faith whereof, and by virtue of our respective
powers, we, the Undersigned, have signed the pres