No. 8.] No. 374. Mr. Bayard to Mr. Thompson. [Extract.] DEPARTMENT OF STATE, SIR: I have to acknowledge with much satisfaction the receipt of Mr. Langston's No. 741, announcing that on the 27th ultimo Mr. C. A. Van Bokkelen, confined for fifteen months as a debtor in the jail at Port-auPrince, was released. Mr. Langston observes that he has not formally presented the matter of indemnity to Mr. Van Bokkelen, but will give it prompt attention. It is trusted that no step of this character has been taken without instruction from this Department. If any claim for indemnity be made here, it will receive due examination on its merits. It is to be remembered that up to a certain point the proceedings against Van Bokkelen, at the suit of Toplitz & Co., and other citizens of the United States, whose debtor he was alleged to be, were perfectly regular under Haytian and general bankruptcy law. The debt was established and the insolvency of the debtor admitted. It was only when Van Bokkelen was denied certain rights which a Haytian debtor would have under the insolvency act, that this Government claimed his treaty rights, as an American citizen, to be treated in like manner as a Haytian, and be released from imprisonment for debt on making the same or an equivalent assignment as a Haytian debtor could make. By releasing Van Bokkelen without the formality of an assignment, and as would appear unconditionally, it may be found that Hayti has annulled the only security which Haytian law afforded for the debt, and may so have inflicted injury on those citizens of the United States at whose suit the judgment was obtained. These considerations make it needful that any claim for indemnity, from whatever source, should have the most careful scrutiny before receiving the sanction of this Government. SIR: Mr. Langston's No. 744, of the 9th instant, describing the attitude of the Haytian Government in regard to the release of Mr. Van Bokkelen, is received. Taking this dispatch in connection with Mr. Langston's No. 741, on the same subject, the inference would seem to be that Mr. Van Bokkelen has been released through the interposition of his creditors; and, if so, that they have acted prudently, since those of them who are resident in the United States may have made themselves liable to heavy damages for their conduct in procuring his imprisonment in Hayti. It may be, however, that the Haytian Government has taken this peculiar way of get ting out of difficulties which might have become insurmountable on your arrival. In any view, supposing Mr. Van Bokkelen to be actually released, you are instructed to merely acknowledge the fact of such release, and to say and do nothing which would in any way prejudice Mr. Van Bokkelen in a claim for redress, either from the Haytian Government or from the creditors by whom the proceedings were instituted. 1 am, &c., No. 376. T. F. BAYARD. No. 9.] Mr. Thompson to Mr. Bayard. [Extract.] LEGATION OF THE UNITED STATES, Port-au-Prince, Hayti, July 8, 1885. (Received July 29.) SIR: I have the honor to inform you that, contrary to the expectations of my honored predecessor, Mr. Langston, the court has sustained the ordinance and act of accusation; and have decided to hold Mr. Alexander C. d'Almena and others confined in the common jail of this city. Immediately after this news was published the English consul sent a special courier with a letter to Kingston, via Jacmel, asking that a war vessel be sent to this port to protect British subjects. This affair has taken a very serious turn, since the lawyers have openly declared that so great an injustice has been done them and their clients that they find it will be useless to continue proceedings where such a determination is shown to overrule every question of right. In the case of our citizen, his lawyer, who seems to be a cool, clear-headed man, while not giving up the case, speaks of what he has been permitted by law to do thus far. Two British war vessels have just arrived in this port, having come in response to the call of the British consul. They are the Mallard and the Lily. Presuming since these two vessels have arrived that some steps of importance will be taken, and judging from the action the minister plenipotentiary of France has taken (indeed it is even rumored that he, too, has sent for a ship of war), the British consul will find in him an ally, both appearing to be of the same mind, I await developments. SIR: I have to acknowledge the receipt of Mr. Langston's No. 749, of the 24th ultimo, by which it appears that the case of Mr. A. C. d'Almena, the American citizen charged with the felonious abstraction of certain mandats and other papers from the National Bank of Hayti, now in prison in Port-au-Prince, was heard last month in the court of cassation, and that a favorable decision was looked for on the 29th ultimo. Mr. Langston's efforts on behalf of Mr. d'Almena were commendable, and you will doubtless act in the same direction if occasion arises. The copies of Mr. d'Almena's petition and of the arguments of his counsel, referred to in the dispatch, were also received, together with the newspapers which accompanied the same. I am, &c., T. F. BAYARD. No. 378. No. 13.] Mr. Bayard to Mr. Thompson. DEPARTMENT OF STATE, SIR: I inclose, with a reference to instructions of the 25th and 26th ultimo in the case, a copy of a letter from Mr. C. A. Van Bokkelen, who was released on the 27th May last (by what means does not appear) from confinement in the jail at Port-au-Prince, where he had been restrained at the suit of Toplitz & Co. for debt, some fifteen months, in which letter he intimates that, in view of the apparent success of Toplitz & Co. in securing their debt, which he assumes to be a fact, other parties will pursue a similar course. I also inclose a copy of a letter from the father, Mr. W. K. Van Bokkelen, of New York. I have informed both father and son of the date of the general instructions to you of June last on the subject. As you are aware, your instructions fully cover the question of securing to Van Bokkelen the treaty rights of procedure in the courts, whether as plaintiff or defendant, on the same footing as a citizen of Hayti. If the situation created by the Toplitz suit is to be renewed at the suit of other creditors, you will use your utmost exertions to have Mr. Van Bokkelen's treaty rights duly respected. But no claim for damages for imprisonment is to be presented by you without specific instructions of the Department. I am, &c., T. F. BAYARD. [Inclosure 1 in No. 13.] Mr. C. A. Van Bokkelen to Mr. Bayard. PORT-AU-PRINCE, Hayti, June 25, 1885. Mr. SECRETARY: Set at liberty on the 27th of May last, I am up to this writing unable to state from any positive knowledge or fact by whom or how. I am ouly able to suppose that the Government of Hayti did it through its secret agents, for the only possible way to obtain my release was by paying the debt for which I was held, the Government of Hayti most positively refusing 10 acknowledge that the position taken by the previous administration, as well as the present, was correct, and that my arrest and confinement was a positive violation of treaty rights, of which refusal your Department must have long since been informed by our late minister. Thus, after fifteen months of illegal and arbitrary detention, a citizen of the United States finds himself on the streets of Port-au-Prince, health destroyed from having been confined in a prison not fit for human beings, obliged to render it habitable at his own expense. My credit in business has been ruined, subject to arrest and imprisonment again for similar cause, a party in New York having sent instructions to their lawyer to proceed against me, although I have at this time $50,000 due me by Haytians, part of same being in judgments. I now ask of the Departinent that if it is its intention and determination, as I believe it is, to have my rights respected, that such measure will be taken at once that the Haytian Government shall give to our minister here some public acknowledgment of my release through it, and the right of Americans to make an assignment in virtue of our treaty; for if it is not done, and that speedily, the same thing may be gone over again, and at any moment my incarceration in the filthy pen be my fate. I addressed myself to the Hon. Mr. Thompson, asking him if he had received any positive instructions in my case, as I wished to know what my position was, being subject at any time to rearrest and confinement. He informed me he had none, and awaited instructions before acting. You cannot imagine how strange this sounded to me, after having read the articles in the various papers relative to the active and strong steps being taken by the administration to protect the rights of its citizens; from which all foreigners here thought that at once an American could walk the streets proudly, saying, "My Government knows the rights of its citizens, and in every clime they shall be respected." I am, &c., [Inclosure 2 in No. 13.] C. A. VAN BOKKELEN. Mr. W. K. Van Bokkelen to Mr. Bayard. 504 CLINTON AVENUE, Brooklyn, July 14, 1885. Mr. SECRETARY: Dates from Port-au-Prince of June 27 inform me that my son was still confined to his house, resulting from effects of his long and illegal confinement by the Haytian authorities. In your communication of May 20 you informed me that all efforts would be made to protect his interest, and that the newly-accredited minister would receive special instructions in regard to this case. My son writes me that he addressed himself to Minister Thompson on his affairs, asking what disposition he would take to have guaranteed him his liberty and due indemnity for the illegal act and violation of treaty rights. Mr. Thompson replied that he could take no action in the matter without instructions from the Department, as he had none. What a burlesque this is. I am informed that the minister goes with instructions. He tells my son he has none. Of course the Department is aware that the claim of Toplitz & Co. has been paid by some one other than my son, or through any influence of his, the presumption being that their lawyer, holding high position under the Government, has, from the Government, obtained a settlement. The Government of Hayti still positively refuse to acknowledge that my son, or any American, has the rights which you claim they are entitled to in virtue of articles 6 and 9 of treaty; and if the influence (private) which our late minister, J. Mercer Langston, had with the President had not been brought into use, my son, so far as his Government went, might have died in jail. Messrs. Bertram Brothers, of New York, seeing that by the steps taken by Toplitz & Co. the debt was paid, have written to their attorney there to proceed against my son for a claim they have. Now, Mr. Secretary, allow me to ask, is this thing to go on and my son, although by your own showing, not liable to arrest and confinement, to be again thrown into prison? Or will his Government once and forever firmly establish his rights, and let all know that to be an American is to be a man? I am, &c., W. K. VAN BOKKELEN. Pelletier gets his claim, but has gone where claims are of no use; have it not so with Charles A. Van Bokkelen. No. 17.] No. 379. Mr. Thompson to Mr. Bayard. [Extract.] LEGATION OF THE UNITED STATES, Port-au-Prince, Hayti, July 30, 1885. (Received August 25.) SIR: I have the honor to acquaint you that since my last dispatch, No. 9, of July 8, relative to the complaint of the National Bank of Hayti against certain individuals, A. C. d'Almena, an American citizen, being among the accused, the court of cassation has again been convened and passed judgment on the case. On each occasion it is noticeable that not one word has been said regarding the citizen who made an appeal at the same time, but separately from the others; still is he retained in prison. Before this second decree the British consul, with the minister plenipotentiary of France, entered a protest against the first ordinance, which pronounced that one of the English subjects should go before the civil court of Jacmel. * * * It was then ordered by the Government that the district attorney should revise the decisions of the supreme court rendered July 1. On the 17th instant the second decision of the supreme court was published. Immediately after the British consul and French minister entered a protest to the Government against the decision; later it was of ficially reported, to hurry up the matter and satisfy those protesting, the case would be tried August 24. This again was unsatisfactory. Fortunately, the case of our citizen has no parallelism to that of the others; in both of the ordinances Mr. d'Almena was completely ignored, although he, too, had made an appeal. I have addressed a note to the honorable secretary of state, Mr. Brutus St. Victor, explaining to him the fact that Mr. d'Almena's appeal has been disregarded, contrary to Haytian legislation, and therefore I must protest, yet with reserve, at his being held any longer. I inclose herein my letter. I am, &c., JOHN E. W. THOMPSON. [Inclosure in No. 18.] Mr. Thompson to Mr. St. Victor. LEGATION OF THE UNITED STATES, SIR: After having made myself familiar with the papers relative to the case of Mr. d'Almena, particularly (1) Of the ordinance of the chamber of council of the civil court of Port-au-Prince, of the date of March 14 of this year, which sent him to the criminal court of Port-auPrince under the accusation of stealing mandats, ordinances, and other papers, to the detriment of the National Bank of Hayti. (2) Of the judgment of the supreme court given on the appeal of Mr. d'Almena, against the ordinance, the judgment rendered on the 1st of July, the same day when |