No. 342.
Mr. Frelinghuysen to
Mr. Langston.
Department
of State,
Washington, December 9,
1884.
No. 312.]
Sir: I herewith transmit copies of two letters from
Mr. W. K. Van Bokkelen, of the 24th ultimo and 4th instant, in regard to the
case of Mr. C. A. Van Bokkelen, imprisoned at Port-au-Prince, for debt; also
one from Mr. C. A. Van Bokkelen, of the 19th ultimo, touching his case.
This correspondence shows that notwithstanding your most earnest efforts, Mr.
Van Bokkelen is still in prison. You will therefore ask of the Government of
Hayti his immediate trial or release. This much is alike due to Mr. Van
Bokkelen and to the Haytian Government, which should not countenance
unnecessary delays.
You will also furnish the Department with a full and concise history of this
case, with all its bearings, to enable this Government to decide whether a
violation of its treaty rights in this instance has occurred; and if so, to
determine what measure of damages, if any, Mr. C. A. Van Bokkelen may be
entitled to recover.
I am, &c.,
[Inclosure 1 in No. 312.]
Mr. W. K. Van
Bokkelen to Mr. Frelinghuysen.
155 Broadway, New York, November 24, 1884.
Mr. Secretary: I thankfully acknowledge receipt
of your communication of the 19th, and beg to call attention to the
following received in advices from Port-au-Prince of date November
8:
“The United States minister had an interview with the President of Hayti,
and by him had been referred to the minister of Justice. On the 6th the
minister of justice promised to grant the request made by Mr. J. Mercer
Langston, for his sake and that of the United States Government, being
stubborn and not willing to acknowledge a wrong done,”
[Page 479]
My son was illegally arrested and confined, in plain violation of treaty
obligations, and has asked and demanded his release and indemnity solely
on that ground, and his rights as an American citizen. It is plain that
the authorities have allowed personal feelings to control them, setting
aside justice (if such a thing is known in that country) to wreak
vengeance on one who had made his business home with them.
May I again ask that if, from the dispatches received and to be received
from Mr. J. Mercer Langston, the Department is of the opinion that
treaty obligations have been violated in the case of my son, it will,
after his release, see that fall and just compensation is at once made
for damage done, as England and Germany have before done?
I am, &c.,
[Inclosure 2 in No. 312.]
Mr. W. K. Van
Bokkelen to Mr. Frelinghuysen.
155 Broadway,
New
York, December 4,
1884.
Mr. Secretary: Since my letter of November 24 I
have dates from Port-au-Prince up to November 22. From them I learn that
the minister of justice has replied to the Hon. J. Mercer Langston that
my son has the rights accorded to Haytians, but the courts will not give
a decision in the case.
Minister Langston promised my son that on the 25th he would accompany his
attorney to court and ascertain why the case was not acted upon,
reporting at once the result to your Department.
Mr. Secretary, is it for a moment to be supposed (the Government of
Hayti, through its minister of justice, having stated that my son’s
arrest and confinement for ten months is in treaty violation), that his
Government will allow him to remain in duress, because the courts will
not act and revoke their previous prejudiced decision?
For God’s sake, if you are of opinion that his arrest has been in
violation of treaty obligations, I ask that the Government hastens his
release and at once obtain satisfactory indemnification for damages to
his business and injury to health.
If it is proper may I ask if I am correct in thinking that treaty
obligations have been violated in this case?
I am, &c.,
[Inclosure 3 in No. 312.]
Mr. C. A. Van
Bokkelen to Mr. Frelinghuysen.
Haytian
Hospital,
Port-au-Prince, November 19,
1884.
Mr. Secretary: The continued persistence of the
Government of Hayti in prolonging my unjust and illegal detention, by
putting obstacles in the way and by the del ay of judging my case,
notwithstanding all the legal delays have expired, no opposition having
been made by any one, except the Government itself, on the question of
my nationality and that point guaranteed to me by the Department of
State in its letter to me as to my rights under the articles 6 and 9 of
our treaty; and also proved by the able arguments and authorities
submitted to the Government of Hayti by our minister here, which they
have been unable to confront by any argument.
Notwithstanding all this the Government of Hayti still keeps me in jail,
causing great damage to my health, having already ruined my business and
credit. All this goes to prove that the sentiments of this Government
are hostile to Americans and their interests.
I again come to the Department of State to ask that such positive
instructions be given our minister here that I may receive quick and
prompt, justice, and that he may be authorized to act as he deems wisely
to accomplish that end at once.
I have full confidence that the Department, knowing that I have already
been ten months illegally detained and health ruined, will see prompt
justice done me for my suffering, all caused for the reason that I am
what I am proud to be, an American citizen.
If further delay is required I beg of the Department to demand and our
minister to see that at once I may be put in some place fit for a man
more or less used to the comforts of a home, for where I am now I am
constantly in contact with persons having [Page 480] the seven-year itch, yellow fever, with sores
infecting the air, and no steps taken to purify; a well man is liable to
acquire sickness, much less a sick man to get well.
I demand at least $50,000 compensation for injuries done and insult
offered.
I am, &c.,
