Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-17
OFFICIAL.
BY TuF PRESIDENT OF THE UNITED STATES Oh
AMERICA.
a Proclamation,

Whereas. convention for the adjustment of
claims OF citizens of The United States against the
republic OF CUSla ltica, was concluded between the
United States of America and that republic. and
signed by their respective plenpotentiaries al
san Jose on the second day OF July one thousand
eight hundred dsiAty, which convention being in
the English and Spanish languages, is word for
word. aS follows
Conreation for the adjustment of claims of ctizsns of
the United States against the republic of Costa Riea.
The United States OF America anu the republic OF
Costa Eica, desiring to ADJUST the claims OF ciii-
2ens of said states against Costa Hca, in such
manLer as TO cement tile good understanding and
friendly relations Low happily subsisting between
the two republics have resolved 10 settle such
claims by means OF Il convention; and for that
purpose appointed and conferred full powers, Ie
sleciiyely, TO vii:
Tie pesiLrIt OF tie United States. on Alexander
Dimitry minister resident of said United States
in tie republic of Costa Rica and Lis eAcellency
the constitutional president of said republic OF
osta lica on Manuel Jose Cara2o and francisco
Maria glesas who, upon an exchange of their
pleIaIy powers. which were found in good and
proper ioim. have agleed TO the following arti-
ces:-
ARTICLE / 1t is agreed that all claims of citizens
OF tie United States upon the government OF Costa
lca airing from injuries TO their PERSONS DAM
ages to their property, under any form whatsoever,
tniOu9! tie action OF authorizes OF the republic Of
Costa ica statements CT which, soliciting The inter
position OF tie government of the United States,
have been presented 10 the department of state at
Washington. 10 the diplomatic agents of said
tuil6u states ut San Jose, OF Costa kica up TO tie
Gaie Of tie signature OF this convention. shall, to-
geler with tie documents in proof, on which they
ma! be founded, be Ieiered TO board oi commits
soEers consisting OF two members, who shall be
appointed iii the following manner: One by Tie gov
eminent OF the United States OF America, Al d one
BY Tie government of the republic OF Costa Rica :
Provided. however, that 10 Claim OF any citizen OF
the United States, who may be proved to have been
beligel ent during the occupation OF Nicaragua by
tile troops OF Costa lca. on the exercise OF author
ll, b. the latter within the territory OF the former
shall be considered as proper for the action OF
the board OF commissioners herein provided for.
In the death absence. iucnuaritV- of
either commissioner, or in the event of either COM
miSsionefs emitting or ceasng TO act, the govern
nent OF the United States OF America. or that of
the republic OF Costa hca, respectively, or the min
lister OF the latter III the United States, acting by its
direction, shall forthwith proceed TO fill the vacancy
thus OccasiOLcd.
ARTICLE2 2. Tie commissioners so named shall
meet ut the city of Washington, within ninety DAYS
from the exchange OF the Publications of this con-
yenIion; and, before proceeding TO business they
shall, each OF them, exhibit Il solemn OATH made
aud subscribed before competent authority. Tint
they will carefully examine into, and imparially de-
clde, according 10 the principles OF justice and of
equity, and to the Spuatons 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
shalt 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 ell
tered upon the record of their proceedings.
Said commissioners shall then proceed TO name an
arbitrator. or umpire, to decide upon any 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 i'll the selection, the arbitrator, umpire,
shall be appointed by the minister of lis majesty the
king of the Begans, 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 g. The aIbiu ator, 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 i'll 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 the 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 10 the person.
limb. or lie OF any OF said citizens dana ges COM
mitted. as stipulated in the first article against their
property, i'll which the commissioners may agree o
award an indemnity. they shall determine the
amount to be- paid. In cases in which said commits
soheis cannot agree, the points of difference shall
be lciered 10 tile arbitrator or umpire, before whom
eacn OF the commissioners may be heard, and his
decision shall lie hual.
ARTICLE 4. The commissioners shall issue certif-
Gates OF the sums 10 be paid to the claimants espec
lively, whether by viltue of the awards agreed to
between themselves, or OF those made by them, in
pursuance OF decisions of the aIbitIator or umiie
and tie aggregate amount of said sums dccleed by
the ceitlhcates Of award made by the commission.
els. i'll citLer manner above Indicated, and of the
sums also accl uHg from such certificates of award
as the ri btiaior Or umpire, may, under the author
ity hereinafter conferred by the seventh article, have
maze and Ssued with the rate OF interest stipulated
Ill the present article, i'll favor OF any claimant or
caimahts shall be paid TO tie government OF the
United States, in the city oil Washington in equally
semi-a'hlual instalments. 1t is, however. hereby
aseeu by tie contracting parties. that the payment
OF lie inst mstallmeh shall be made eight months
from The termination OF she 3boIs of the commits
sion; and after such fist payneIt. the second and
each succeeding ole, shall be made semi annually
counting rom tie date OF the first payment; and
the whole pay mcnt 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 sums shall bear interest (alSo PAYABLE
semi annually ut tile rate OF six per cent per an.
mum. from tile day on which the awards, IeSpectiye-
ly. will have been dec"eed.
TO meet these payments the government of the
republic of Costa Rca hereby specially appropriates
MY Per cent OF the Let proceeds OF the revenues
arising from the customs OF the said republic; but if
such arpIopl iation should prove Insult cient to
make the payments as above stipulated, the govern
ment of said republic binds itself to provide other
means for that purpose.
AETICLE s. Tie 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, VeIsed i'll the knowledge of
the English and ofthe Spanish languages, to assist
i'll the transaction oftheir business. And for the
conduct ofsuch business. they hereby authorized
to make all necessary and lawful rules.
ARTICLE 6. The proceedings OF this commission
shall DC tiual and conclusive, with respect to all the
claims OF citizens of the United States which, hav-
ing accrued priort the date OF this conventions may
be brought before it ior adjustment; and the United
States agree forever TO release the government of the
republic of Costa lca rom any further accounta-
bihty ion claims which shall be rejected either BY
the LoafG OF commissioners. or by The al DitaUr, or
umpire aforesaid; or for such as, being allowed by
either tie board OF the umpire, the government OF
Costa Inca shall have prOrlued for and satisfied in
lie II amer agreed upon in the fourth article.
AETICLE1, lii the event, however, that upon the
termination OF the abOrS of said commission stipu
lated for in the fifth article of this convention any
case should be pending before the umpire
and awaiting his decision. it IN 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 aioresaid and, upon his certificate there
or III each case, transmitted to each of the two gov
ernmelts, 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 it shall work the
same effect as though it had been made by both the
commissioners under their own agreement, or by
them upon decision of the case or cases respectively
pronounced by the umpire of said board, during
the period prescribed for its session. Provided how
ever, That decision every case that may be
pending at the termination of the labors of tile
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 10 said umpire shall cease.
ARTICLE s. Each government shall pay its own
commissioner; but the umpire, well as the Incl
denial eXpeuses of the commissioner, including the
defayal of the services of a secretary who may he
appointed under the fifth article, shall be paid one
half by the United States and the other halt by tbe
Republic of Costa Rica.
ARTICLE9. The present convention shall he nm
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 nv flo
president of the republic of Costa Rca, with The
consent and appreciation OF the supreme legislative
power OF said iepubci and the notifications shall
be exchanged in the city of Washington within the
space of eight months from the date of The SIGMA.
tuIe hereof or sooner ii possible.