Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-06
OFFICIAL
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
n Proclamation.

republic OF Costa Rica was concluded between the
United States of America and that republic, and
was signed by their respective penipotentarieS at
San Jose. on the second day of July. one thousand
eight hundred and sixty, which convention being in
the Enghsh and Spanish languages, is word for
word, as follows
Conrenton for the adjustment of claims Of citizens Of
ne United States against the republic Of Costa Rica
The United States OF America and the republic of
Costa RIGA, desiring to adjust the claims OF cti-
zens of said states against Costa Rea, 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 the United States on Alexander
Dimitry, minister resident OF said United States
in the republic of Costa Rica, and his eXcellency
the constitutional president of said republic of
Dosta Rica on Manuel Jose Carazo and Francisco
Maria gesias, who, upon an exchange of their
plenary powers, which were found in good and
cies;I -''
ARTICLE / 1t is agreed that all claims of citizens
of the United States upon the government OF Costa
Rica, arising from injuries to their persons,
ages to their property under any form whatsoever,
through the action OF authorities of the republic OF
Costa Rca 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 the signature of this convention, SHALL to-
gether with the documents in proof, which they
may be founded, be referred TO q board commits.
sioners, consisting OF two members, who shall be
appointed IN the following manner one BY the
ernment of the United States of America, AID 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 10 have been
belligerent during the occupation of Nicaragua by
the troops of Costa Rica the exercise OF author.
Ity 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, or incapacty, of
either commissioner, or in the event of either COM
missioners emitting, or ceasing 10 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 ill 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-
Yentioni and, before proceeding to business they
shall, each OF them exhibit solemn oath, made
and subscribed before a competent authority TINT
they will carefully examine into and mpartially de-
eide, according to the principles Of justice and of
equity, and to the stipuaonS 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 or
cases concerning which they may disagree, upon
any point or points OF difference which may arise in
the course of their proceedings And 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 3. The arbitrator, or umpire, being an
pointed, the commissioners shall, withCat 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 the commissioners such PAPERS in its nos
deemed INF To 4ba inst Is
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 OF any OF said citizens damages COM
mitted as stipulated i'll 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 in which said commits
sioners 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 i. The commissioners shall issue eerti6-
Gates OF the sums TO be paid TO the claimants respec
lively, whether by virtue of the awards agreed 10
between themselves or OF those made by them, in
pursuance OF decisions of the arbitrator umpire
and the aggregate amount of said sums. deceed by
the certificates of award made by the commission
ers, III either manner above indicated, and of the
sums also accruing from such certificates of award
as the arbitrator, umpire, may, under the author
ity hereinafter conferred BY the seventh article hnye
made and issued with the rate of interest stimulated
in the present article, in favor of any claimant or
claimants, shall be paid 10 the government of the
seml-annual instruments. 1t is, however, hereby
agreed, by the contracting parties that the payment
OF the hrst Instalment shall be made eight months
from the termination of the sbofs of tile commits
sion; and, alter such first payment the second and
each succeeding one shall be made semi annually,
counting from the date OF the first payments 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 (also PAYABLE
semi annually at the rate Of six per cent per an
num- from the day on which the awards, respective
ly, will have been decTeed.
To meet these payments the government of the
republic of Costa ltica hereby specially appropriates
nifty per cent OF the net proceeds of the revenues
arising from the customs OF the said republic: but if
such appI OPERATION 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.
AET1CLE 3. The commissit herein provided shall
terminate its labors in nine months from includ-
ing the day OF It's 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 all necessary and lawful rules.
ARTICLE 6. The proceedings of this commission
shall be final and conclusive, with respect 10 all tine
claims Of citizens Of the United States which hay-
ing accrued prior the datc OF this convention NAV
be brought before il Tor adjustment and the United
States agree forever release the government Of the
republic Of Costa Rca from any further accounts-
biliiy for claims which shall be rejected either BY
the board OF commissioners. By the arbitrator or
umpire aforesaid or for such ar, being allowed BIZ
elthef tue DoaFd % Tue umpire the government Of
Costa lica shall have provided for aud satisfied in
the manner agreed upon in the fourth article
ARTiCLBT. In the event, however. that upon the
termination Of the laDOrs Of said commission sfipu.
lated for in the fifth article Of this convention any
case cases should be pending before the umpire
and awaiting his decision. il Il hereby understood
and agreed by the two contracting parties that
though the board 81 commissioners may, BIZ 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
pendinga as aforesaid and upon his certificate there.
Of ia each case, transmitted TO each Of the two gov
eTnments, mentioning the amount Of indemnify il
such shall have been allowed by him. together with
the rate of interest specified BY the fourth article
such decision 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 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 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 DAYS the authority and
power hereby granted to said umpire shall cease.
ARTICLE g. Each government shall pay its own
commissioner; but the umpire, as well the incl
dental expenses of the commissioner, including the
betrayal of the services of secretary, who NAV be
appointed under the fifth article, shall be paid one.
half by the United States and the other half by the
Republic of Costa Rica.
ARTICLE 8. The present convention shall be np-
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 by the
president of the republic of Costa Rica, with the
consent and appreciation OF the supreme legislative
power of said republic; and the Tatifcations shall
be exchanged in the city of Washington within the
space of eight months from the date of the sigma
ture hereof or sooner if possible.
In faith whereof and by virtue of our respective
powers we, the undersigned, have signed the pres