without any manner of interruption, in the full enjoyment of their liberty and property, as long as they behave peaceably, and commit no offence against the laws; and their goods and effects, of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, nor to any other charges or demands than those which may be made upon the like effects or property belonging to the native citizens of the country in which such citizens may reside. In the same case, debts between individuals, property in public funds, and shares of companies, shall never be confiscated, sequestered, nor detained. ARTICLE XII. Privileges of citi zens of either nation in the other. Liberty ΟΙ science. con The citizens of the United States and the citizens of the Republic of Costa Rica, respectively, residing in any of the territories of the other party, shall enjoy in their houses, persons, and properties the protection of the Government, and shall continue in possession of the guarantees which they now enjoy. They shall not be disturbed, molested, or annoyed in any manner on account of their religious belief, nor in the proper exercise of their religion, either within their own private houses or in the places of worship destined for that purpose, agreeably to the system of tolerance established in the territories of the two high contracting parties; provided they respect the religion of the nation in which they reside, as well as the constitution, laws, and customs of the country. Liberty shall also be granted to bury the citizens of either of the two high contracting parties who may die in the territories aforesaid, in burial-places of their own, which in the same manner may be freely established and maintained; nor shall the funerals or sepulchres of the dead be disturbed in any way or upon any account. ARTICLE XIII. Rights of burial. be abrogated by 12 7 years. In order that the two high contracting parties may have the opportunity of hereafter treating and agreeing upon such other Art. IV, V, and VI arrangements as may tend still further to the improvement of this treaty may of their mutual intercourse, and to the advancement of the months' notice after interests of their respective citizens, it is agreed that, at any time after the expiration of seven years from the date of the exchange of the ratifications of the present treaty, either of the high contracting parties shall have the right of giving to the other party notice of its intention to terminate Articles IV, V, and VI, of the present treaty; and that, at the expiration of twelve months after such notice shall have been received by either party from the other, the said articles, and all the stipulations contained therein, shall cease to be binding on the two high contracting parties. ARTICLE XIV. The present treaty shall be ratified, and the ratifications shall be exchanged at Washington or at San José de Costa Rica, within the space of one year, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto their respective seals. Done at Washington this tenth day of July, in the year of our Lord one thousand eight hundred and fifty-one. DAN'L WEBSTER. [SEAL.] [SEAL.] COSTA RICA, 1860. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COSTA RICA, FOR THE ADJUSTMENT OF CLAIMS. SIGNED AT SAN JOSÉ JULY 2, 1860; EXCHANGE OF RATIFICATIONS NOVEMBER 9, 1861; PROCLAIMED NOVEMBER 11, 1861. Convention for the adjustment of claims of citizens of the United States against the Government of the Republic of Costa Rica. The United States of America and the Republic of Costa Rica, desiring to adjust the claims of citizens of said States against Costa Rica in such a manner as to cement the good understanding and friendly relations now happily subsisting between the two Republics, have resolved to settle such claims by means of a convention; and, for that purpose, appointed and conferred full powers, respectively, to wit: The President of the United States, on Alexander Dimitry, Minister Resident of said United States in the Republic of Costa Contracting parties. Rica, and his Excellency the Constitutional President of said Republic of Costa Rica, on Manuel José Carazo and Francisco Maria Yglesias; who, upon an exchange of their plenary powers, which were found in good and proper form, have agreed to the following articles: Claims of citizens to be referred to sioners. ARTICLE I. It is agreed that all claims of citizens of the United States, upon the Government of Costa Rica, arising from injuries to their of the United States persons, or damages to their property, under any form board of commis- Whatsoever, through the action of authorities of the Republic of Costa Rica, statements of which, soliciting the interposition 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 José, of Costa Rica, up to the date of the signature of this convention, shall, together with the documents in proof, on which they may be founded, be referred to a board of commissioners, consisting of two members, who shall be appointed in the Board how ap- following manner: one by the Government of the United States of America, and 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 a belligerent during the occupation of Nicaragua by the troops of Costa Rica, or the exercise of authority, by the latter, within the territory of the former, shall be considered as one proper for the action of the board of commissioners herein provided for. pointed. How vacancies in In case of the death, absence, or incapacity of either commissioner, or in the event of either commissioner's omitting or ceasing commission are to be to act, the Government of the United States of America, or that of the Republic of Costa Rica, respectively, or the minister of the latter, in the United States, acting by its direction, shall forthwith proceed to fill the vacancy thus occasioned. Elled. ARTICLE II. The commissioners so named shall meet at the city of Washington, within ninety days from the exchange of the ratifications of this convention; and, before proceeding to business, they shall, each of them, exhibit a solemn oath, made and sub When and where commissioners to meet. scribed before a competent authority, that they will carefully examine into, and impartially decide, 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 on the part of said United States and of the Republic of Costa Rica, respectively. And their oath, to such effect, shall be entered 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 parties shall invite to make such appointment, and whose selection shall be conclusive on both parties. ARTICLE III. of commissioners. The arbitrator, or umpire, being appointed, the commissioners shall, without delay, proceed to examine and determine the claims Mode of procedure 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, if required, one person in behalf of each Government, on every separate claim. Each government Each Government shall furnish, upon request of either of the commissioners, such papers in its possession as may be deemed important to the just determination of any claims of citizens to furnish papers in of the United States, referred to the board, under the provisions of the first article. regard to claims. Amount of indem In cases, whether touching injuries to the person, limb, or life of any said citizens, or damages committed, as stipulated in the first article, against their property, in which the commis- nity. sioners may agree to award an indemnity, they shall determine the amount to be paid. In cases in which said commissioners 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 IV. Mode of payment indemnity to claimants. The commissioners shall issue certificates of the sums to be paid to the claimants, respectively, whether by virtue of the awards agreed to between themselves, or of those made by them, of in pursuance of decisions of the arbitrator, or umpire; and the aggregate amount of said sums, decreed by the certificates of award made by the commissioners, in either manner above indicated, and of the sums also accruing from such certificates of award as the arbitrator, or umpire, may, under the authority 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 equal semi-annual instalments. It is, however, hereby When first instalagreed, by the contracting parties, that the payment of the ment to be paid. first instalment shall be made eight months from the termination of the labors of the commission; and, after such first payment, Subsequent instalthe second, and each succeeding one, shall be made semi- ments, Interest. annually, counting from 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 (also payable semiannually) at the rate of six per cent. per annum, from the day on which the awards, respectively, will have been decreed. 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 from the customs of the said Republic; but if such appropriation should prove insufficient to make the payments as above stipulated, the Government of said Republic binds itself to provide other means for that purpose. Provision by Costa Rica to meet payments. Commission. ARTICLE V. The commission herein provided shall terminate its labors in nine. months from and including the day of its organization. They shall keep an accurate record of all their proceedings, and they may appoint a secretary, versed in the knowledge of the English and of the 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. commission to be conclusive as to certain claims. ARTICLE VI. The procedings of this commission shall be final and conclusive with Proceedings of respect to all the claims of citizens of the United States, which, having accrued prior to the date of this convention, may be brought before it for adjustment; and the United States agree forever to release the Government of the Republic of Costa Rica from any further accountability for claims which shall Costa Rica released be rejected, either by the board of commissioners, or by the arbitrator or umpire aforesaid; or for such as, being allowed by either the board or the umpire, the Government of Costa Rica shall have provided for and satisfied in the manner agreed upon in the fourth article. Provision for cases pending before umpire at the termina tion of the commis sion. ARTICLE VII. In the event, however, that upon the termination of the labors of said commission stipulated for in the fifth article of this convention, any case or cases should be pending before the umpire, and awaiting his decision, it is 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 thereof, in each case, transmitted to each of the two Governments, mentioning the amount of indemnity, 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 of the cases, respectively, pronounced by the umpire of said board, during the period Umpire to decide prescribed for its sessions: Provided, however, That a decis in sixty days. ion on every case that may be pending at the termination of the labors of the board shall be given by the umpire within sixty days from their final adjournment; and that, at the expiration of the said sixty days, the authority and power hereby granted to said umpire shall cease. ARTICLE VIII, Each Government shall pay its own commissioner; but the umpire, as well as the incidental expenses of the commission, including Pay of commisthe defrayal of the services of a secretary, who may be ental empire, appointed under the fifth article, shall be paid one-half by &c. the United States, and the other half by the Republic of Costa Rica. ARTICLE IX. incidental expenses, Convention, how and when to be approved, &c. The present convention shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States; and by the President of the Republic of Costa Rica, with the consent and approbation of the Supreme Legislative Power of said Repub. lic; and the ratifications shall be exchanged in the city of Washington, within the space of eight months from the date of the signature hereof, or sooner if possible. In faith whereof, and by virtue of our respective full powers, we, the undersigned, have signed the present convention, in duplicate, and have hereunto affixed our seals. Done at the city of San José, on the second day of July, in the year one thousand eight hundred and sixty, and in the eightyfourth year of the independence of the United States of America, and of the independence of Costa Rica the thirty-ninth. Signature. |