No. 343.

Mr. Langston to Mr. Frelinghuysen .

No. 695.]

Sir: I have the honor to advise the Department that on the 12th instant it came to the knowledge of this legation that Mr. Alexander C. d’Almena, a naturalized American citizen, formerly a subdirector of the National Bank of Hayti, who had been called before the judge of instruction of this city for examination with regard to certain valuable papers said to have been taken feloniously from the bank, had, after his examination, been placed in close confinement in the common jail; whereupon I immediately waited upon Mr. B. St. Victor, the secretary of state for foreign relations, and advised him that I desired to visit Mr. d’Almena for the purpose of learning his condition, and whether he was in need of assistance of any sort. My statement was made to him verbally. He promised me an early reply as to my request so soon as he could communicate with his colleague, the secretary of state for public justice. On last Sunday, not having received permission to visit Mr. d’Almena, believing from all the information I could get that injustice was being done him, and that he needed and deserved my attention and help, I addressed Mr. B. St. Victor on the subject, in the note a copy of which is herewith inclosed and transmitted to you.

It will be perceived that in my note I do not undertake to discuss any law question, nor do I express any intention to obstruct or in any manner to interfere with any legal process which this Government has seen fit to institute in the premises, certainly not until I have seen and conferred with Mr. d’Almena, and it will be perceived that I demand permission only to visit and confer with my fellow-citizen who is denied all communication with his friends and his official representative.

To day I have received a dispatch from Mr. St. Victor, a copy of which I shall hereafter transmit to the Department, in which he advises me that the Haytian authorities will not allow me to visit Mr. d’Almena.

Several French citizens have been imprisoned in the same manner as Mr. d’Almena. One has been in close confinement for some three months. I have understood that the French representative has not been permitted to see any one of his citizens thus confined. I have deemed it my duty, however, to take the course indicated and to bring the matter to the attention of the Department at once for its instructions.

It will be understood that I have had no communication with Mr. d’Almena, and that the Haytian authorities claim to imprison him and to deny me the right to see him under their law, which 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.

It will also be understood that no charge has been preferred against Mr. d’Almena; that he was called as witness, and when his examination [Page 481] had been concluded he was ordered into close confinement in the common jail to await the further orders of the judge of instruction. It will be seen that this officer is exercising most wonderful authority and may thereby do great injustice and wrong.

Awaiting your instructions, I am, &c.,

JOHN MERCER LANGSTON.
[Inclosure in No. 695.]

Mr. Langston to Mr. St. Victor .

Sir: The undersigned, after acknowledging the receipt of your two dispatches yesterday having reference to the case of Mr. d’Almena, without at this time entering upon any discussion of the matters of law involved therein, and without having any intention to obstruct or in any manner to interfere with any legal process which your Government has seen fit to institute in the premises, certainly not until after he has conferred with Mr. d’Almena, asks that permission be granted him without further delay to visit and confer with Mr. d’Almena, an American citizen, who, as he has been informed and believes, and as you admit, is at present closely confined in the common jail of Port-au-Prince.

The undersigned awaits, Mr. Minister, your immediate response.

With renewed assurance, &c.,

JOHN MERCER LANGSTON.