Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-10

BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
a Proclamation.


United States of America and that repnbIic and
signed by their respective plenipotentaries 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
Coarenon for the adjustment of claims of citizens of
tie 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 Rica, in such a
manner as to cement the good understanding and
friendly relations now happily subssting between
the two republics, have resolved TO settle such
claims by means of a convention; 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
i'll the republic of Costa Rica, and his eXcellency
the constitutional president OF said republic OF
costa Rica on Manuel Jose CaTaZo and Francisco
Maria 1glesias, who, upon an exchange of their
plenary powers, which were found in good and
clesi:G ~ ''' '''''N WV -
ARTICLE l. It is agreed that all claims of citizens
OF the United States upon the government OF Costa
Rca, 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 Iica statements CT which, soliciting the inter
position Of the government of the United States,
have been presented 10 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, on 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
ernment Of the Emitted 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
belligerent during the occupation Of Nicaragua by
the troops of Costa Rica, the exercise OF author
Iy 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, incapacty, 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
thp rppUbic of Costa Rca reSppctiVelV. thp min
ster OF the latter in the United States, acting by its
direction, shall forthwith proceed to fill the vacancy
thus occasioned.
ARTICLE2. The commissioners so named shall
meet at the city of Washington within ninety days
from the exchange of the Publications of this con-
vention; 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 mpartally de-
eide according to the principles of justice and of
equity and to the spulations 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 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, upon
any point or points OF difference which may arise in
the course oftheir proceedings And il they cannot
agree in the selection, the arbikato umpire,
shall be appointed by the minister Of lis majesty the
king of the Begians, to the United States whom the
tNO tSu contracting pONeIS SDdll Invite 10 make
such appointment, and whose selection shall be
conclusive on both parties
ARTIcLE3 9. Tie 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, stated in the preceding article and they
shall hear required, 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 as may be deemed important 10 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 eases, whether touching injuries 10 the person,
limb or life of any OF said citizens, damages com
mitted, stipulated in the 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 i'll which said commits
sloners 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 rtspec-
lively, whether by virtue OF the wards 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 decleed by
the certificates of award made by the commission.
erS. i'll either manner above indicated, and of the
sums also accruing from such certificates of award
as the arbitrator or umpire may, under the author
iy hereinafter conferred by the seventh article have
made and issued, with the rate of interest stipulated
i'll 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-annnal instruments 1t is, however, hereby
agreed by the contracting parties that the payment
OF the first inStaliment shall be made eight months
from the termination OF the is boIs of the commits
sion; and, after such first payment the second and
each succeeding one, shall be made semi annually,
counting ON 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 commissions and
each of said sums shall bear interest aso PAYABLE
semiannuallyl 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 lica 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 II herein provided shall
terminate its abors in nine months from and includ-
ing the day OF its organization They shall keen 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
i'll the transaction of their business. AndS for the
conduct OF such business they are hereby authorized
to make all necessary and lawful rules.
ARTICLE 9. The proceedings of this commission
sha! be final and conclusive with respect to all the
Claims of citizens of the United States which. hay
ing accrued pllorto the dale OF this convention may
be brought before it for adjustments and the United
States agree forever TO release the government of the
republic of Costa RIGA from any further accounta-
bliity for claims which shall be rejected either by
the board of commissioners, by The arbitrator or
umpire aforesaid; or for such as being allowed NV
either the board OF the umpire, the government OF
Costa inca shall have provided for and satisfied in
tie manner agreed upon in the fourth article
ARTICLE I. In the event, however, that upon the
termination OF the laDors of said commission slim.
lated for in the fifth article of this convention any
case or cases should be pending before the umpire
ana awaiting his decision. it il hereby understand
ana agreed by the two contracting parties that
though the board OF commissioners may, by such |
limitation, nave terminated their action said umpire
is hereby authorized and empowered to proceed IN
make his decision or award in such case or cases
pendngas aforesaid and, upon his certificate there
OF, III each case, transmitted to each OF the two row
ernments, mentioning the amount of indemnify if |
such shall have been allowed by him. together with |
the rae 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 |
same effect rs 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 sessions Provided how
ever, hat a decision on every 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-
piraton OF the said sixty davs the authority and
power hereby granted TO said umpire shall cease.
ARTICLE 8. Each government shall pay its own |
commissioner; but the umpire. well as the incl
dental expenses of the commissioner, including the
betrayal OF the services of secretary, who may be
appointed under the fifth article, shall be paid one
half by the United States, and the other half Inv tbe
Republic of Costa Rica.
ARTICLE 8. The present convention shall be an |
proved and ratified by the president of the Inited
States of America, BY and with the advice and cou
sent of the senate of the said states; and bv fbe
president of the republic of Costa Rica with Tho
consent and appreciation OF the supreme legisotivo
power OF said republic and the TatfcatiOns shall
be exchanged in the city of Washington within The
space OF eight months from the date of the sigma
tule hereof or sooner ii possible
In faith whereof. and Inv virfuo Of az,