Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-18

BY TIE PRESIDENT OF THE UNITED STATES or
AMERICA.
A ProcIann linn

clGlt nunGreu anuSlNIN. Nlncn convention hpin1 in
the English and Spanish languages, is word for
word, as follows
Convention for the adjustment Of claims Of cszsns of
the United States against the republic of Costa Rica
The United States VI America and the republic of
Costa Rica, desiring to adjust the claims of citi-
zens of said states against Costa Rica, in such
manner to cement the good understanding and
friendly relations now happily subsisting between
the two republics, have resolved to settle such
claims by means of convention; and for that
purpose appointed and conferred full powers, re-
specively, 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 resident of said republic of
Costa Rica on Manuel Jose CaraZo and Francisco
Maria glesias, 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
Rica, 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 Iiica statements CT which, soliciting the inter
position OF tile 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 lose, of Costa Rca 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 OF commits.
sloners consisting of two members, who shall be
appointed i'll the following manner: One by the gov
eminent of the United States of America, aid one
by tie 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
belllgerent 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 proper Tor the action OF
the board OF commissioners herein provided for.
In case OF the death, absence, or incapacity, of
either commissioner, or in the event of either COM
misSiOners emitting, or ceasng TO act, the govern
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 fill the vacancy
thus OccasiOned.
ARTICLE 2. The commissioners SO named shall
meet at the city of Washington, within ninety DAYS
from the exchange of the Publications Of this con-
VehllOn; and, before proceeding to business, they
shall, each OF them, exhibit solemn oath, made
and subscribed before a competent authority. that
they will carefully examine into and impartally 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 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
cases, concerning which they may disagree, or upon
any point OF points OF difference which may arise in
the course OF their proceedings. And il they cannot
agree III the selection, the arbitrator, or umpire,
shall be appointed by the minister of his majesty the
king of the Belgans to the United States whom the
two high contracting powers shall invite TO make
such appointment, ana whose selection shall be
conclusive ON both parties.
ARTICLE 3, The arbitrator, or umpire, being APP
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 in the preceding article and they
shall hear il required, person in behalf of each
government, on every separate claim.
Each government shall furnish upon request of
either OF the commissioners, such papers i'll its pos
session as may be deemed important TO the just de-
termination OF any 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 life off any OF said citizens, damages COM
med, as stipulated i'll the first article against their
property, in which the commissioners may agree 10
award an indemnity. they shall determine the
amount to be paid. In cases in which said commits
sioneIs 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-
Gates OF he to be paid to the claimants resDec-
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 deci eed by
the certificates OF award made by the commission
ers, in either manner above Indicated and of the
sums also nCcruing from such certificates of award
as the arbitrator, or umpire, may, under the author
y hereinafter conferred by the seventh article have
made and issued, with the rate of interest stipulated
in 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, hereby
Of the first installment shall be made eight months
from the termination OF the lSbUTs of the commits
SION and after such first payment the second, and
each succeeding one, shall be made semi annually,
counting iIom tie date of the first payment; and
tile whole payment of such aggregate amount, or
amounts. shall lie perfected within the term of ten
years from the termination of said commission; and
each OF said 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 decreed.
To meet these payments, the government of the
republic of Costa Rica hereby specially appropriates
nifty per cent OF the net proceeds OF the revenues,
arising from the customs of the said republics 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 5. The commissi, herein provided shall
terminate its labors in nine months from ard includ-
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 ofthe Spanish languages. to assist
in the transaction of their business. And, for the
conduct OF such business. they are hereby authorized
to make al necessary and lawful rules.
ARTICLE 6. 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 prior the date OF this conventions may
be brought before it for adjustment and the United
States agree forever TO release the OF the
republic of Costa lica from any further accouuta-
bility for claims which shall be rejected either NV
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
the manner agreed upon in the fourth article
ARTICLE1 In the event, however, that upon the
termination of the labOrs of said commission stipu-
lated for i'll the fifth article of this convention any
case or cases should be pending before the umpire
and awaiting his decision. it il 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 ia
make his decision or award in such case cases
pendinga aioresaid and, upon his certificate there
Of i'll each case, transmitted TO each of the two gov-
mentioning the amount of indemnity if
such shall have been allowed by him. together it'll
the rate Of interest specified bv 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 il had been made by both the
commissioners under their own agreement or by
them upon decision of the cases respectively
pronounced by the umpire OF said board, during
the period prescribed for its session; Provided how
ever That decision on every 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
piraton OF the said sixty Gays 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
denial expenses of the commissioner, ncluHingth
detrayal of the services of secretary, who may be
appointed under the fift h article shall be paid one.
half by the United States, and the other half by the
Republic of Costa Rca.
ARTcLE9. The present convention shall be an
proved aud ratified by the president OF the United
States of America, by and with the advice and con-
sent of tie senate of the said states; and by the
president of the republic of Costa Rica, with tbe
consent and appreciation OF the supreme legislative
power of said republic; and the ratifcatons shall
be exchanged in the city Of Washington within The
space of eight months from the date of the sigma
ture hereof sooner il possible
In faith whereof, and by virtue of our respective
powers we, the Undersigned. have signed tie nres
ent convention in duplicate, and have hereunto
atllXed 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 eghty-iourth year of the indie
pendence OF the United States of America and OF
the inQpUpuupUcp Plea tho Thrift.