Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-11
OFFICIAL.
By TIE PRESIDENT OF THE UNITED STATES OF
AMERICA.
& Proclamation.

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 Tor
word. a. lOOws:-
Contention for the adjustment Of claims Of citizens Of
the United States against the republic Of Costa hieG
The United States OF America and the republic OF
Costa lica, desiring TO adjust the claims OF cit-
zeus of said states against Costa Rica, in such a
manner as to cement the good understanding and
friendly relations now happily subsistlng between
the two republics. have resolved TO settle such
claims by means of convention; and for that
purpose appointed and conferred tull powers, re-
spectivey, TO wit:
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
osta ltica on Manuel Jose Carazo and francisco
Maria Y glesias, who. upon an exchange of their
peuary powers. which found in good and
proper toim. have agreed to the following arti-
cles:-
ARTICLE l. II is agreed that all claims of citizens
Of the United States upon the government OF Costa
Rica, arising from injuries to their persons dam
ages TO their property, under any form whatsoever,
through the action of authorizes 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
date of the signature of this convention, SHALL to-
gether with the documents in proof, on which they
may he founded, be referred TO a board 81 commits.
sioneTs. consisting of two members, who shall be
appointed in the following manner: One by the gov
ernment OF the United States OF America, ~ 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
beligelent during The occupation OF Nicaragua by
the troops of Costa Rica on the exercise OF author
Itl 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.
III case of the death, absence, or mcapacity, of
either commissioner. or i'll the event of either
missioDers emitting, or ceasing TO act, the govern
ment OF the United States OF America or that of
the republic of Costa Rica, respectively or the mill
lister OF the latter i'll the United States, acting by its
shall
thus OccasiOncd
AETIcLE2. The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange OF tile notifications of this con-
venion; and, before proceeding TO business, they
shall, each OF them, exhibit solemn oath, made
and subscribed before a competent authority Tint
they will carefully examine into and mpartially de-
eide, according TO the principles OF justice and of
equity, and 10 he spuations 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
snail be submitted 10 them on the part of said Uni
TED States and OF the republic of Costa ica, respec
lively. aAnd their OATH to such effect. shall be ell
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, whom the
two hlSh contracting powers Shall invite to make
such appointment, and whose selection shall be
conclusive on both parties.
ARTICLE 3. 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. as stated III the preceding article; and they
shall hear ii required one person in behalf OF each
government, Oh every separate claim.
Each government shall furnish. upon request of
either of tile commissioners such papers in its pos
session may be deemed important 10 the Just de-
termination of any claims OF citizens of the United
Stnf rolf IN t1H
Of tie Iirst article.
IN cases. whether touching injuries 10 the person,
limb. or lie of any OF said citizens or damages com
mied, as stipulated i'll the first article against their
property, i'll which the commissioners may agree to
award an Indemnity, they shall determine the
amount To be paid. In cases in which said commits
sionefs cannot agree, the points of difference shall
be referred to the arbitrator umpire before whom
each OF tile commissioners may he heard and his
decision shall be final
ARTICLE The commissioners shall issue certii-
Gates OF HE 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 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
The arbitrator, umpire may, under the author
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 or
claimants shall be paid TO the government of the
United States, i'll the city of Washington in equally
semi-aunual instruments. 1t is, however hereby
eed by the contracting parties, that the payment
of the first installment shall be made eight months
from the termination Of the abors of the commits
Sion; and after such first payment, the second and
each succeeding one, shall be made semi annually
counting il ON 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 pavable
semi annually at the rate of six per cent per an
mum. nom the day on which the awards, respective
ly, will have been decrecd.
10 meet these payments. the government of the
republic OF Costa ltica hereby specially appropriates
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 as above stipulated the govern
ment OF said republic binds itself to provide other
means for that purpose.
ARTICLE 8. The commissit herein provided shall
terminate lis labos in nine months from and nclud-
ing the day OF lis organization. They shall keep an
accurate record OF all their proceedings and they
may appoint secretary, veTsed in the LEDGE Of
me English and OF the Spanish languages, to assist
IN tile Transaction of their business. And for the
conduct OF such business they are hereby authorized
10 make all necessary and lawful rules
ARTICLE 6. The proceedings of this commission
shai be ma and conclusive, with respect to all the
Claims OF citizens Of the United States which, hav-
ing accrued pnort to the date OF this convention may
De brought beiolc ii Tor adjustment; and the United
States agree oreve ro release the government of the
republic of Costa iiica from any further accounta-
bIity tor claims which shall be rejected either by
the board OF commissioners. or blythe arbitrator,
umpire aio esaid or for such as being allowed by
either tile board OF the umpire, the government OF
the manner agreed upon in the fourth article.
AETIcLE1 I. In the event, however, that upon the
termination OF the abOrs of said commission stipu-
lated Tor 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 such
limitation, have terminated their action said umpire
is hereby authorized and empowered TO proceed to
make his decision or award in such case
pending as aforesaid; and, upon lis certificate there
OF i'll each case, transmitted TO each Of the two gov
erniueuts, 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 the
commissioners under their own agreement, or by
item upon decision of tleease or respectively,
pronounced by the umpire OF said board, during
the period prescribed Tor its session. Provided how
pending at the termination of the laborS of the
board shall be given by the umpire within sixty
days 0l their final adjournment and that at the eN.
piration OF the said sixty Gays the authority and
power hereby granted to said umpire shall cease
ARTICLE s. Each government shall pay its own
commissioner; but the umpire. as well as the Incl
denial expenses of the commissioner, including the
detiANa of the services OF secretary, who may no
appointed underline fifth article, shall be paid one.
Kepnbiic of Costa RIGA.
ARTICLE9. The present convention shall he an
proved and ratified by the president of the United
States of America, by and with the advice and com
sent of tle senate of the said states; and bv tLe
president of the republic of Costa Rica 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
tuIe hereof or sooner il possible.
lii faith whereof, aud by virtue of our resnoctivo
powers. we, the Undersigned, have signed tile nres
ent convention, in duplicate, and have hereunto
affixed our seals.
OF July. in the year one thousand eight hundred
ana sixty ana i'll the eighylourth year of the indie