Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-15

BY THE PRESIDENT OF THE UNITED STATES or

was signed by their respective plenipoentiaries at
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 for
word. as follows
CoHrentoa for the adjustment of claims of eltizens of
ME United States against the republic of Costa Rica
The United States of America and the republic of
Costa Rica, desiring to adjust the claims OF citi-
zens of said states against Costa Rca, in such a
manner as to cement the good understanding and
friendly relations now happily subsistng between
the two republics, have resolved TO settle such
claims by means of conventions and for that
purpose appointed and conferred full powers, re-
spectiyely, 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 eXceency
the constitutional president of said republic of
costa ldca on Manuel Jose CaraZo and Francisco
Maria glesias, who, upon exchange of their
penary powers, which found in good and
proper form. have agreed 10 the following art-
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 or 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 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 Rica up to the
date OF tie signature OF this convention shall, to-
gether with the documents in proof which they
may be founded, be referred to a board OF commits.
sioners, consisting of two members, who shall be
appointed IN the following manner: One by The gov
ernment 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 proved to have been
beligerent during the occupation of Nicaragua by
the troops Of Costa RIGA, on the exercise author.
lty by the latter within the territory of the former
shall De CONSIDERED as one proper for the action of
the board of commissioners herein provided for.
In case of the DEATH absence, incapacity of
either commissioner, or i'll the event of either
mssloners omittlng or ceasing to act the govern
ment Of the United States of America or that of
the republic of Costa Rica respectively or the min
of the latter the limited Inv
direction, shall forthwith proceed to fill the vacancy
thus Occasioncd.
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
yention; 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 mpartiallv 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 i'll accordance with such evidence us
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 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 if they cannot
agree in the selection, the arbitrator or 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 8. 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 in 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 HE commissioners, such papers in 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 TO the person,
limb, or life of any OF said citizens, damages COM
mied, as stipulated inthe first article against their
property, in which the commissioners may agree to
award an indemnity, they shall determine the
amount to be paid. In cases in which said commits
sioneTs cannot agree, the points of difference shall
be referred TO the arbitrator or umpire before whom
each OF the commissioners may be heard, and his
decision shall be final.
ARTICLE 4. The commissioners shall issue certif-
of the 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, Ill either manner above indicated, and of the
sums also accrung from such certificates of award
as the arbitrator or umpire, may, under the author
ty hereinafter conferred by the seventh article have
made and issued with the rate of interest stipulated
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, in equally
agreed, by the contracting parties that the payment
of the first inStallment shall be made eipht months
from the termination Of the labors 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 aso PAYABLE
semlannually) at the rate OF six per cent per an.
mum. rom the day on which the awards respective
ly, will have been decyeed
TO 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 nom the customs of the said republic; but if
such app opriation should prove insufficient TO
make the payments above Stipulated the eoyern-
men of said republic binds itself to provide other
means for that purpose.
ARTICLE g. The commission herein provided shall
terminate its abors in nine months from and includ-
ing the day OF its organization. They shall keep an
accurate record OF all their proceedings and they
may appoint secretary, verSed i'll the knowledge of
the English and ofthe 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 8. The proceedings Of this commission
shall be final and conclusive, with respect to all the
claims OF citizens of the United States, which, hav-
ing accrued prior TO the date OF this convention NAV
be brought before il for adjustment; and the United
States agree forever release the government of the
republic Of Costa ltica from any further accounta-
bility for claims which shall be rejected, either by
the board OF commissioners. or by the arbitrator, or
umpire aforesaidi or for such as, being allowed by
either the board OF the umpire the government OF
Costa kica shall lave provided for and satisfied in
the manner agreed upon in the fourth article.
ARTICLE I. In the event, however, that upon the
termination ofthe labors of said commission stipu-
laedtOr in the fifth article of this conventions any
case or cases should be pending before the umpire
and awaiting his decision il H 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 Ill 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
such decision or award shall be taken and held to
be binding and conclusive, and il 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 a decision on every case that may 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 s. Each government shall pay its own
commissioner; but the umpire as well rs the Incl
dental expenses of the commissioner including lilo
appointed under the fifth article shall be paid one
half by the United States, and the other half nv tho
Republic OF Costa Rica.
ART1CLE9 8. The present convention shall be an
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 tho
president of the republic of Costa Rica with tho
consent and appreciation OF the supreme legislative
power OF said republic; and the ratifcaons shall
be exchanged in the city of Washington WITHIN tho
space of eight months from tle date of the sigma.
ture hereof, soOneRi possible
In faith whereof, and by virtue of our respectiye