Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-16
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
a Proclamation.

Contention for the adjustment of claims Of 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-
zens of said states against Costa Rica, in such
manner as to cement the good understanding and
friendly relations now happily suDslsung between
the two republics, have resolved to settle such |
claims by means of convention and for that |
purpose appointed and conferred full powers, re-
Tie president of the United States, on Alexander |
Dimtry, minister resident of said United States |
in the republic of Costa Rica, and his eXcelency
the constitutional president of said republic OF
losta Rica on Manuel Jose Carazo and Francisco
Maria Yglesias, who, upon an exchange of their
plenary powers, which were found in good and
proper foIm. have agreed to the following artl-
clcS:-
ARTICLE / 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 Ot
Costa Hica 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 ose, 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 10 board OF commits.
sioners. consisting of two members, who shall be
appointed in the following manner: One by The gov
eminent of the United States of America, AID 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 provedto have been
belligerent during the occupation of Nicaragua by
the troops of Costa Rica, the exercise OF author
Ity by tie 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 i'll 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 of Costa Rca, respectively, the min
lister OF the latter in the United States, acting by its
direction, shall forthwith proceed to fill the vacancy
thus occasiOned.
ARTICLE 2, The commissioners so named shall
meet at the city of Washington within ninety days
tba pb1n pf tln Of
yenron 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 imparally de-
eide, according to the principles of justice and of
equity and TO the stipulations 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 to them ON 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 il they cannot
agree i'll the selection, the arbitrator, umpire,
shall be appointed by the minister of his majesty the
king of the Belgians, to the United States hon 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 delay,
proceed to examine and determine the claims which
may be presented to them, under the provisions CT
this convention, by the government of the United
States as stated i'll the preceding article; and they
shall hear. ii required, person in behalf OF each
government, on every separate claim
Each government shall 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 tile United
States, referred to the board, under the provisions
of the first article.
III cases, whether touching injuries 10 the person,
limb, or life of any OF said citizens damages com
med, as stipulated i'll 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 in which said commits.
sioners cannot agree the points of difference shall
be referred to the arbitrator or umpire, before whom
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 to
between themselves, or of those made by them, in
pursuance of decisions of the arbitrator, or umpire;
and the aggregate amount oil said sums, decI eed 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 umpire, may, under the author
y hereinafter conferred by the seventh article have
made and issued with the rate of interest stipulated
i'll the present article, i'll 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 instruments. 1t is, however, heSeby
agreed, by the contracting parties that the pay ent
OF the first insallment shall be made eight months
from the termination of the l3bors of the commits
sion; and. after such first payment the second and
each succeeding one, shall be made semi annually,
counting II ON 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 also payable
semi annually 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 Rica hereby specially appropriates
fifty per cent of the net proceeds of the revenues
arising from the customs of the said republic; but if
such app opration 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 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
tine English and Ofthe Spanish languages, to assist
in the transaction of their business. And, for the
conduct of such business. they hereby authorized
to make all necessary and lawful rules
ARTICLE 6. The proceedings oftlis commission
shall be final and conclusive with respect to all tine
claims Of citizens of the United States, which, hav-
ing accrued prior to the date OF this convention NAV
be brought before it for Adjustment and the United
States agree forever TO release the government of the
republic of Costa Rica from any further accounta-
bility for claims which shall be rejected either bv
the board of commissioners. or by The arbitrator. or
umpire aforesaid or for such as, being allowed by
either the board OF the umpire, the government Of
Costa kica shall have provided for and satisfied in
the manner agreed upon in the fourth article
ARTICLE I. IN the event, however, that upon the
termination OF the labors of said commission stipu-
latedfor i'll the fifth article of this convention any
case or cases should be pending before the umpire
ana awaiting ms decision, 1t Is 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.
of, i'll each case transmitted to each of the two gov
ernments, 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 to
be binding and conclusive, and it shall work the
same effect as though it had been made by both the
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 sessions Provided how
ever, hat a 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 Gays the authority and
power hereby granted to said umpire shall cease.
ARTICLE 8. 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 fifth article shall be paid one
half by the United States, and the other half bv the
Republic of Costa Rica.
ARTIcLE9. The present convention shall be op-
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 bv the
president of the republic of Costa Rica wifi The
consent and appreciation of the supreme legislative
power OF SAID republic; 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 il possible.
In faith whereof, and by virtue of our respect;vs
powers we, the Undersigned, have signed the pres
en- convention in duplicate, and have hereunto
affixed our seals. N"i'"
Done at the city OF San jose on the second dav
oil july IN the year one thousand eight hundred
ana sixty and III the eightyiOurth year of tbe inde
pendence OF the United States of Amep;co o,'1 g
the independence Of Costa Rca the thirtvsn ninth VI