No. 236.
Mr. Davis
to Mr. Langston.
Department
of State,
Washington, November 19,
1884.
No. 308.]
Sir: I herewith transmit a copy of a letter from
Mr. William A. Van Bokkelen, of the 15th instant, stating that according to
his latest advices from Hayti, his son, Mr. C. A. Van Bokkelen, was still
confined in prison where he was placed September 19 last, fox having made an
assignment of his property, and asking that you bring the matter urgently to
the attention of the President of Hayti, and demand the immediate release of
Mr. C. A. Van Bokkelen. It will be observed that the writer states that the
time has expired when, under the law, those having the right to raise
objection to the assignment should have done so, and that no objection
whatever was made.
The Department has no reason to expect that you will omit any proper step to
aid Mr. Van Bokkelen, whose imprisonment, under all the circumstances of his
case, appears unduly harsh. It is desired, therefore, that you will continue
every proper effort in his behalf looking to his release.
I am, &c.,
JOHN DAVIS,
Acting
Secretary.
[Inclosure in No. 308.]
Mr. Van Bokkelen to
Mr. Frelinghuysen.
155 Broadway, New York, November 15, 1884.
Mr. Secretary: I last addressed you on the
subject of my son’s arbitrary arrest and confinement at Port au Prince,
on the 19th September. Since then I have advices from Port au Prince of
date November 1. It appears that on October 21, the [Page 336] time (for parties interested in the
assignment made by my son, and who had the right under the law to make
objections to such assignment) expired and no objections were made by
any one, not even by the parties upon whose application the illegal
arrest and confinement was made, they refusing to claim that a right of
arrest existed against an American citizen, which by the laws of the
country secure Haytiens from an arrest in similar cases.
On September 27, our minister had occupied himself with the minister of
foreign affairs and of justice in the case, but finds great opposition
made by them as they have already taken the stand that an American
citizen is not entitled to the same privilege as an Haytien.
I also learn that as the last resort our minister has addressed himself
to the President of Hayti, who if he follows in the footsteps of his
predecessors will sustain the action of his ministers, and like
Dominique in the canal matter only yield at the presence of a
man-of-war, or the knowledge of the fact that one is to leave to enforce
the rights of our citizens.
In the mean time he is confined in a hospital amongst incurable, liable
at any time to be returned to the vile prison, from which through the
kindness of Mr. Langston he was removed.
The case resolves itself into these simple facts. By the laws of Hayti,
Haytians are allowed to make an assignment of all their property to pay
debts when they find themselves from honest losses unable to liquidate
in full all claims against them. The law says distinctly and clearly
that the benefit allowed of non-arrest and confinement is a privilege
accorded to persons of good faith allowing them their liberty, but not
releasing them from their indebtedness.
Now, having been illegally arrested and confined, my son is by the
highest tribunal refused his restoration to liberty solely on the ground
that being an American citizen the law does not give him the rights
accorded an Haytien.
Having every reason to believe from your letters and conversation with
Mr. Langston, that no doubt exists that by virtue of articles 6 and 9 of
our treaty an American is entitled to the same rights of an Haytien, I
most earnestly ask that our minister be instructed to at once bring the
matter to the attention of the President of Hayti and not only demand
but see that my son is at once given his liberty, and due and prompt
reparation made for non-fulfillment of treaty obligations in thus
insulting through its citizen the American Government, and that my son
be indemnified for loss of business, health, and otherwise.
I have not called in the aid of other parties, wholly relying on the
Department; I can refer you to Mr. Nathaniel Niles, of Madison, N. J.,
and others if necessary.
I am, &c.,
