Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-04
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
4 Proclamation.

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 elzsns Of
the United States against the republic Of Costa Riea
The United States OF America ana The republic of
Costa Rica, 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 subsisting between
the two republics, have resolved to settle such
claims by means of conventions and for that
purpose appointed and conferred full powers, re-
spectively, TO wit:
The president of the United States ON Alexander
Dimitry, minister resident of said United States
in the republic of Costa Rica, and his eXcellency
the constitutional president of said republic of
Costa Rica on Manuel Jose Carazo and francisco
Maria glesas who, upon an exchange of their
plenary powers, which were found in good and
cles:-
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, 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, or 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 in proof, 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
eminent of the United States of America, ard one
| by the government of the republic of Costa Rica
Provided however, that claim of any citizen of
the United STATES, VINO may De proved TO have been
! belligerent during the occupation of Nicaragua by
the troops of Costa Riea, the exercise 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, or incapacty of
either commissioner, or in the event of either COM
misSoner's emitting, ceasing to act the govern
ment of the United States of America or that of
the republic of Costa Rca respectively, or the min
lister of the latter in the United States acting by its
direction, shall forthwith proceed to fill the vacancy
thus occasioned.
ARTIcLE2 2. The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange of the Publications of this CON
veniion; and, before proceeding to business, they
| shall, each of them, exhibit a solemn oath, made
and subscribed before competent authority, that
| they will carefully examine into, and impartialy de-
eide according to the principles of justice and of
equity 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
shall be submitted TO them on the part Of said Uni
ted States and 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 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 Belglans, 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 g. The arbitrator 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 i'll the preceding article and they
shall hear il required one 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 lust de-
termination OF any claims OF citizens of the United
States referred TO the board, under the provisions
of the first article.
In casas u,hotbar 4ouclpr ;r;rr;os 20 +to ,o-,o,,
limb, or life OF any OF said citizens, damages
mited, stipulated III the first article against their
property, i'll which the commissioners may agree to
award an indemnity. they shall determine tile
amount to be paid. In in 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 L. The commissioners shall issue certifi-
of the TO be paidto 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 of said sums decIeed 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 stimulated
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, i'll equally
semi-annual instalments. 1t is, however, hereby
agreed by the contracting parties, that the payment
of the first nstallment 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 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 (alsO payable
semi-annuallyl at the rate of six per cent per an
mum. from the day which the awards respectiye-
ly, will have been decreed.
TO meet these payments the government of the
republic of Costa Rica hereby specially approprates
fifty per cent of the net proceeds of the revenues,
arising from the customs of the said republics but if
such appropriation 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 5. The commissit 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 oftheir business And, for the
conduct OF such business they hereby authorized
to make all necessary and lawful rules.
ARTICLE g. 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 priort the date OF this convention may
be brought before it for adjustment and the United
States agree forever to release the government of the
republic ofCosta Rica from any further accOunta-
bility for claims which shall be rejected either by
the board of commissioners, by the arbitrator, or
umpire aforesaid; or Tor such as, being allowed by
either the board OIL the umpire, the government OF
Costa Rica shall have provided for and satisfied in
the manner agreed upon in the fourth article.
ARTIoLE7 I. In the event. however, that upon the
termination ofthe labOrs of said commission stpu-
lated for i'll the fifth article of this convention any
case 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 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 indemnify. il
such shall have been allowed by him. together with
the rate of interest specified by the fourth article
such decisiOnor 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 session. Provided how
ever, That decision on every case that NAV 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 days 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 the Incl
dental expenses of the commissioner including the
betrayal of the services of a secretary who may be
appointed under the fifth article, shall be paid one
half by the United States and the other half by the
Republic of Costa Rca
ARTICLE Q. 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 states; and by the
president of the republic of Costa Rca, with 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 If 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 our seals.
Done at the city of San Jose, on the second day
of July, in the year one thousand eight hundred
and sixty and in the eighy-tourh year of the indie
pendence OF the United States of America, and OF