[Inclosure 8 in No. 702.] Mr. Langston to Mr. St. Victor. LEGATION OF THE UNITED STATES, SIR: After acknowledging the receipt of your dispatch of the 18th instant, with its inclosures, regarding the imprisonment of Mr. C. A. Van Bokkelen, I have the honor, without discussing with you at this time the historical statement with respect to the several judgments rendered in your courts against him, as made by Mr. Vérité, to state that Mr. Van Bokkelen is now deprived of his liberty solely on the ground of his nationality, in contravention of the plain provisions of the treaty of 1864, existing between the United States of America and Hayti, and against the law of Hayti as the same should be expounded and enforced in the case of a foreigner in debt, and who seeks, by assignment of his property in the interests of his creditors, to secure his release from prison. Mr. Van Bokkelen is a foreigner-in the language of your law, a "stranger"--but he is an American citizen, and, although this be true as regards his status under our treaty, he is given the same rights and immunities as regards and concerns the "cession de biens" as the Haytian himself under the law of his country. The language of the provisions of the law of Hayti upon this subject is taken from the provisions of the law of France upon the same subject, and in the French courts, as regards the construction of the words of the law as applicable to foreigners seeking to avail themselves of the right to make assignment of their goods, as Mr. Van Bokkelen does, the right is never denied, but always conceded to them. Under the treaty certainly, whether we consider simply the sixth and ninth articles thereof, or its general text even as the same bears indirectly on this matter, with the law of Hayti construed and applied in the light thereof, Mr. Van Bokkelen is entitled to the immediate decision of your court of cassation upon his appeal thereto, after being denied such right in your civil tribunal almost a year ago, and meantime, during such delay as may be required to arrive at such decision, to his liberty, as he has tendered under the law the assignment of all his effects of every kind and sort in the interest of his creditors. Now, Mr. Minister, is Mr. C. A. Van Bokkelen, an American citizen, residing in Hayti, and doing business under the treaty of 1864 subsisting between our Governments, according to the law of Hayti as properly construed, entitled to the right and privilege of making as a Haytian an assignment of his property in the interest of his creditors, and thus release himself from his present confinement? It is this question which he sought to have answered in his appeal to your court of cassation, an appeal made and perfected long ago, but to this hour not considered by the court; which all the while discovers a purpose not to hear and decide the case; and hence my demand, after so long a time, with Mr. Van Bokkelen deprived of his freedom by indisposition, apparently, and non-action on the part of the court, that he be released from confinement while the court consults its convenience as to when and how it shall consider and determine the matter. What else, Mr. Minister, can be done? Shall Mr. Van Bokkelen be held longer, under the circumstances, deprived of his liberty? Awaiting your answer, Mr. Minister, I am, &c., JOHN MERCER LANGSTON. [Inclosure 9 in No. 702.-Translation.] Mr. St. Victor to Mr. Langston. DEPARTMENT OF STATE OF FOREIGN RELATIONS, Mr. MINISTER: I have the honor to acknowledge the receipt of the dispatch which you addressed me on the 22d instant, in answer to mine of the 18th instant, which transmitted to you the history of the affair of Mr. Van Bokkelen. I have submitted your dispatch to the secretary of state of justice, begging him to let me have as soon as possible, to be addressed to you, his opinion on the objections which you present in regard to this document. Accept, &c., B. ST. VICTOR. [Inclosure 10 in No. 702.] Mr. Langston to Mr. St. Victor. LEGATION OF THE UNITED STATES, SIR: In acknowledging the receipt of your dispatch of the 27th of last month, having relation to the affair of Mr. C. A. Van Bokkelen, I have the honor to advise you that I await impatiently the response which you therein promise to make to my dispatch addressed to you on the 22d of December, 1884. Be pleased, Mr. Minister, to let me hear from you without further delay. JOHN MERCER LANGSTON. No. 324.] No. 346. Mr. Frelinghuysen to Mr. Langston. DEPARTMENT OF STATE, SIR: I have received your No. 695, of the 17th ultimo, relative to the imprisonment of Mr. Alexander C. d'Almena, an American citizen, at Port-au-Prince, and the refusal of the authorities there to allow you to hold any conversation with him, in view of the provisions of a Haytian law, "which," you say, "confers upon the judge of instruction such power in connection with the examination of witnesses in criminal matters, even though that examination be only preliminary." Detention of witnesses to prevent their disappearance and insure their giving testimony when called for is common in the jurisprudence of all countries, and special provisions exist in those where the principles of the civil law are in force relative to the detention au secret of an accused person; but such detention should be reasonable and not unduly prolonged or harshly enforced, and is merely a temporary measure in the administration of justice. You will, therefore, in this view of the case, urgently protest against the treatment accorded Mr. d'Almena, as contrary to international rights. He should be fairly tried or released without delay. I am, &c., FRED'K T. FRELINGHUYSEN. No. 706.] No. 347. Mr. Langston to Mr. Frelinghuysen. LEGATION OF THE UNITED STATES, Port-au-Prince, Hayti, January 21, 1885. (Received Feb. 11.) SIR: I have the honor to advise you, referring to your dispatch No, 321, received yesterday, that I have not ceased to do all in my power in obedience to your instructions, to secure the release of Mr. C. A. Van Bokkelen. The correspondence passing between this legation and the Haytian Government on the subject, since my last report thereupon, copies of which are herewith transmitted, will show this to be true. I addressed Mr. St. Victor, in regard to this matter, on the 14th instant, asking a response to my dispatch of the 22d ultimo. On the 16th instant he wrote me saying that he had referred my dispatch to his colleague of justice, and had, after receiving my last dispatch, referred it to him also, with the request to present his views to him, as asked, upon my dispatch of the 22d of December. But I did not wait for a response longer than the 19th instant, when I addressed Mr. St. Victor again in a dispatch, in which I present, somewhat at length, considerations in favor of the immediate release, which I once more demand, of Mr. Van Bokkelen. The considerations are such, both as regards the law and the facts involved, in the face of the admissions made by the law officer of the Government in his opinion of the 18th of November last, already transmitted to you, that I cannot see how the authorities can longer detain this American citizen. Copies of the several dispatches are herewith transmitted, as already stated. I am, &e., JOHN MERCER LANGSTON. [Inclosure 1 in No. 706.-Translation.] Mr. St. Victor to Mr. Langston. DEPARTMENT OF STATE OF FOREIGN RELATIONS, Port-au-Prince, January 16, 1885. Mr. MINISTER: I have the honor to acknowledge the reception of your dispatch of the 14th instant, and to inform you that I have communicated it to my colleague of justice, requesting him to let me have his opinion on the subject of your letter of the 22d of December last, concerning the affair of Mr. Van Bokkelen, that I had submitted to him for that purpose. As soon as my colleague shall have answered me, I will hasten to forward you his response. Please accept, &c., B. ST. VICTOR. [Inclosure 2 in No. 706.1 Mr. Langston to Mr. St. Victor. LEGATION OF THE UNITED STATES, Port-au-Prince, Hayti, January 19, 1885. SIR: I have the honor to acknowledge the receipt of your dispatch of the 16th instant, received on the 17th, but I am at an utter loss to understand your course in regard to the case of Mr. Van Bokkelen, which has been under discussion between us already too long. He is detained in confinement, deprived of his liberty, upon a decision of your civil tribunal, which is without foundation in law, as declared in the opinion of your learned secretary of state of public justice, already communicated to you, and by you communicated to me, solely upon the apparent indisposition and inactivity of your court of cassation, to which appeal was taken many months ago, and by which action ought to have been taken without unreasonable delay, annulling the decision of the under court and relieving Mr. Van Bokkelen of bodily restraint by granting him such right, under the plain intent and meaning of your law as to the right of assigning one's property in the interest of his creditors, construed and enforced in the clear light of the treaty existing between the Government of the United States and Hayti. Now, Mr. Minister, shall this citizen of the United States of America, restrained of his freedom simply because he is an American citizen, be longer detained in his confinement, against the law and in violation of our treaty? Mr. Van Bokkelen did, Mr. Minister, in tendering the assignment of his property in the interest of his creditors, comply with every requirement of your law in that behalf, and his property, credits, and other assets were such in quantity and quality as to constitute such sufficient guarantee to his creditors that not one of them offered objection to his proceeding in that regard. He was denied by the court itself the right of assigning his property solely and simply, as you will see by the record, on the ground of his American citizenship. He is a stranger, an American citizen, and therefore the court held he cannot assign his property so as to relieve himself against his bodily constraint in Hayti. This does not accord, Mr. Minister, with your law; it is violative of your treaty obligations with my Government, and it is contrary to the opinion of the learned secretary of state of public justice, as I conceive, alrealy alluded to, dated November 18, 1884, transmitted by you as an inclosure in your dispatch of the 10th day of December last, addressed to me. Upon which one of the judgments that have been rendered against him is this American citizen held in prison? Mr. Van Bokkelen, Mr. Minister, is restrained of his liberty, kept in confinement, contrary to law, in feeble and declining health, awaiting the too tardy action, the intolerable and unjustifiable delay, of your court of cassation, which does not, and which apparently will not, act in this case. In view of such considerations and facts, Mr. Minister, once again I demand the immediate release of Mr. Van Bokkelen. Awaiting your favorable reply, aud protesting against all delay in the premises, I am, &c., No. 348. JOHN MERCER LANGSTON. No. 708.1 SIR: Mr. Langston to Mr. Frelinghuysen. [Extract.] LEGATION OF THE UNITED STATES, Port-au-Prince, Hayti, January 24, 1885. (Received Feb. 11.) As to the matter of the release of Mr. C. A. Van Bokkelen, I beg to state to you at once that as I received your dispatch I received one yesterday from the Haytian Government, refusing to release him, and indicating that it will not, under the circumstances, do so, only as the pressure of force, real or probable, is brought to bear upon it. I shall not cease, however, to do every possible thing to secure his release, according to your instructions heretofore given. But I shall hereafter labor in this case without hope, only as I am supported by the Department in the manner indicated. A copy of the letter, or dispatch, herein mentioned, with its inclosure, I shall, of course, hereafter transmit. I am, &c., JOHN MERCER LANGSTON. No. 349. No. 328.] Mr. Frelinghuysen to Mr. Langston. DEPARTMENT OF STATE, Washington, February 2, 1885. SIR: I have received your No. 702, of the 14th ultimo, giving a very full and clear report of the case of Mr. C. A. Van Bokkelen, which may be briefly summed up as follows: It is clear that if Mr. Van Bokkelen were a Haytian citizen a simple assignment and proceedings in bankruptcy would suffice to release him. He being an alien, however, and so prohibited from holding real estate, Mr. Van Bokkelen cannot make the required assignment. Now, the Haytian law applicable to this case cannot require a man to do a specific thing and prohibit him the means of doing so. Hence, as Mr. Van Bokkelen suffers because he is an alien, the treaty between the United States and Hayti is clearly violated in his person. I have pleasure in approving your course in this matter, and desire that you will continue your efforts to secure Mr. Van Bokkelen's release. I am, &c., FRED'K T. FRELINGHUYSEN. No. 712.] No. 350. Mr. Langston to Mr. Frelinghuysen. LEGATION OF THE UNITED STATES, Port-au-Prince, Hayti, February 4, 1885. (Received Feb. 23.) SIR: I have the honor to advise you that, after no little amount of corresponding, and several protracted conferences with the President himself and the secretary of state of foreign relations, with regard thereto, the claims of Mr. Mossell for injuries to himself and wife, and of Mr. Garrido for maltreatment, on the 22d and 23d days of September, 1883, in this city, were settled in an amicable adjustment on the 3d instant. For Mr. Mossell I accepted, after full explanation from and to him, to his entire satisfaction, as his letter, a copy of which herewith inclosed will show, the sum of $10,000 in American gold, or its equivalent, which I have received and paid to him upon his receipt, which is on file in this legation. For Mr. Garrido I have accepted in settlement of his claim the sum of $2,000 in American gold, or its equivalent, which has been paid me, whereof I shall notify Mr. Garrido, and upon his demand at once pay him the money, placing his receipt therefor upon file. I have the honor also to report that I am pressing the adjustment of all the claims for the property of American citizens destroyed on the days of September, 1883, mentioned, with the prospect now of their early settlement. I am persuaded that you will approve my action, in connection with the reclamations already settled, when I advise you that so far in my entire conduct, while I have in no wise given the least offense by my persistent and positive presentation of the demands of our citizens, I have promoted our influence with the Government and the community. I am, &c., JOHN MERCER LANGSTON. [Inclosure 1 in No. 712.] Mr. Mossell to Mr. Langston. PORT-AU-PRINCE, HAYTI, DEAR SIR: We tender you our thanks for the manner in which you have presented, managed, and settled our claim against the Haytian Government, founded on abuses perpetrated upon myself and family 23d September, 1883, by officers and soldiers of the Haytian Government, |