Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-13
OFFICIAL.
~ THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
\ Proclamation

A@A-SAtN
Convention for the adjustment Of claims Of etiizsns Of
Tie United States against the republic of Costa Ricd.
The United States of America ana the republic OF
Costa Rica, desiring TO adjust the claims OF citi-
of said states against Costa Rica' in such
manner as to cement the good understanding and
friendly relations now happily subsising between
the two republics, have resolved 10 settle such
claims by means of convention; and for that
purpose appointed and conferred full powers, re-
SpectiYely, TO Wit:
The president Of tie United States, on Alexander
Dimitry minister resident OF said United States
in the republic of Costa Hica and his eXcellency
the constitutional president of said republic Of
costa ltica 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 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 to their persons dam
ages 10 their property, under any form whatsoever,
through the action OF authorities OF the republic OF
Costa itica statements CT which, soliciting the inter-
position of the government of the United States,
have been presented 10 the department of state at
3 Washington, or TO the diplomatic agents of said
United States At san Jose, Of Costa Ica, 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 to a board OIL commits.
sionerS. consisting Of two members, who shall be
appointed in the following one by the gov
ernment Of the United States of America N d one
by the government OF the republic OF Costa Rca:
Provided, however, that no claim of any citizen of
the United States, who may be proved TO have been
belligeIen during the occupation Of Nicaragua by
the troops OF Costa RiCa, the exercise OF author
ly 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
In case OF the DEATH absence. or iucapacity of
either commissioner or in the event of either
miSsiOner's omitting ceasing 10 act, the govern
ment of the United States OF America. 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 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 Publications of this con-
YentOn 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 impartially de-
eide, according to the principles of justice and of
equity, and to the sipuiations OF treaty, upon all the
claims laid before them, under the provisions of
this convention, by the government of the United
States aud III accordance with such evidence as
shall be submitted to them the part of said Uni
tea States and OF the republic of Costa Hca, respec
lively. And their oath, to such effect shall be eli
tered upon the record of their proceedings.
Said commissioners shall then proceed TO name an
arbitrator. umpire, to decide upon any case or
cases. concerning which they may disagree, or upon
any point 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 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 of
this convention, by the government of the United
States, stated i'll 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 in its pos
session may be deemed important TO the just de-
termination OF claims OF citizens of the United
States, referred to the board, under the provisions
OF the first article.
In cases, whether touching injuries 10 the person,
limb or lie of any OF said citizens or damages com,
mlteQ, stipulated the article
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
sioneTs 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 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 of said sums dpcIeed nv
! 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 author
ity hereinafter conferred by the seventh article lave
made and issued with the interest stipulated
in the present article in favor of any claimant or
claimants, snail be paid 10 The government OF the
United States, in the city OF Washington in equally
semi-annual instruments 1t is, however hereby
agreed by he contracting parties, that the payment
OF the first in>alment shall be made eight months
| from the termination of the Is bors of the commits
sion; and. after such first payment the second and
! each succeeding one, shall be made semi annually
! counting nom 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 pay able
SEM annuaiiy at the rate OF six per cent. per
I mum. from the day on which the awards resrectye-
ly, will have been decreed
TO meet these payments, the government of the
republic OF Costa lica hereby specially appronriates
fifty per cent of the net proceeds Of the revenues
arising from the customs Of tile said republic: but if
! such app opIiation should prove Insufficient tn
/ make the DaymeutS alOyp n bo
meu of said republic binds itself 10 provide other
means for that purpose.
! ARTICLE ). Tie commission herein provided shall
terminate It's labos i'll nine moH lis from and incud-
ing the day OF lis 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
| III the transaction OFT their business And, for the
conduct OF such business, they hereby authorized
to make all necessary and lawful rules.
I ARTICLE 8. The proceedings OF this commission
shall be final and conclusive, with respect TO all tine
claims OF citizens Of the United State, which, hay-
ing accrued prior to the date OF this convention NAV
be brought before it Tor adjustment and the United
States agree forever 10 release the government of the
republic of Costa ltlca from any further accoun1a-
bility for claims which shall be rejected either by
! the board OF commissioners by ihe arbitrator or
umpire aforesaid or for such as, being allowed by
either the board OF the umpire the government of
Costa l.ica shall have provided for and satisfied in
/ the manner agreed upon i'll the fourth article
ARTICLE l. In the event, however, that upon the
termination OF the labOrs of said commission stipu
lated Tor in the fifth article of this convention any
case or cases should be pending before the umpirc
and awaiting his decision, it is hereby under STOOD
ana agreed by the two contracting parties that
though the board OF commissioners may by smell
lmtall0n' nave terminated their action said umpire
Is hereby authorized and empowered to proceed to
make his decision award in such case or eases
peEGlng aforesaid and, upon his certificate there
Of, i'll each case transmitted to each OF the two goy-
einmehts, 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 il shall work the
rs do I,-h ,tI,t
| commissioners under their agreement or by
them upon decision of the 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
! pending at the termination Of the abors 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 5. Each government shall pay its own
commissioner; but the umpire as well as the Incl
dental expenses of the commissioner including the
detTayal of the services of secretary, who may he
appointed Kinder the fifth article, shall be paid one
halt by the United States, and the other halt bv the
| Republic of Costa Rica.
ARTICLE 8. The present convention shall he an
proved and ratified by the president of the Initial
states OF America, by and with the advice and con-
sent OF the senate of the said states; and by fine
president of tile republic OF Costa Rica with The
consent and appreciation OF the supreme legislative
power of said republic; and the ratificatoEs shall
| be exchanged in the city of Washington within the
| space of eight months from the date of the signa
ture hereof, or sooner ii possible
| IN faith whereOf,and by virtue of our resnectivc
powers, we. the Undersigned. have signed tlie nres
| ent convention, in duplicate, and have hereunto
| affixed our seals. "i'''
| Done at the city of San Jose on tbe second d,,,
OF July. IN The year one thousand eight hundred
ana sixty and in the eighty fourth wear of fhe indie
renGehee OF me United States of America and of