No. 352.

Mr. Langston to Mr. Frelinghuysen .

No. 715.]

Sir: I have the honor, referring to your dispatch, No. 324, dated January 20, 1885, to state that, on the 12th instant, in a dispatch of some length, in clear and positive, though respectful, terms, in obedience to your instructions, I asked the Haytian Government to give Mr. d’Almena, who had been too long already detained in the common jail of Port-au-Prince, his liberty. I transmit herewith a copy of my dispatch.

To this dispatch Mr. St. Victor replied in a brief line on the 13th instant, advising me that the subject had been referred to his colleague, the secretary of state of justice, for his consideration, and upon receiving his response he would communicate it to me.

I herewith transmit, with its translation, a copy of such reply.

But on the 23d instant, instead of letting me have, as he had agreed to do, the opinion of the secretary of state of justice in this case, Mr. St. Victor inclosed in a brief dispatch a letter from that official covering another letter from Mr. Ernest Bonhomme, “le juge d’instruction,” as he terms himself, who states that he believes that the supplementary examination which the secretary of state of justice seems to have asked him to institute would be completed this week.

I transmit herewith a copy and translation of Mr. St. Victor’s dispatch, a copy and translation of the letter of Mr. Pierre, and a copy and translation of the letter of Mr. Bonhomme.

I have advised Mr. St. Victor to-day that his reply thus far to my demand for the release of Mr. d’Almena is insufficient, and in obedience to the instructions of my Government I insist upon his release.

I have the honor to transmit a copy of my dispatch to such effect.

I am, &c.,

JOHN MERCER LANGSTON.
[Inclosure 1 in No. 716.]

Mr. Langston to Mr. St. Victor .

Sir: In calling your attention once more to the case of the American citizen, A. C. d’Almena, who has been confined in the common jail of this city since the 10th of December last, charged with being the accomplice of the abuse of confidence committed against the National Bank of Hayti, as implicated with Mr. F. B. Coles, when the said Coles was chief of the bookkeeping of the bank, after full and careful examination of a large number of witnesses, as I am advised in the case, without implication or probable guilt being found against Mr. d’Almena, and after sixty-three [Page 496] days of detent ion and imprisonment, a large part of that time haying been passed by Mr. d’Almena in enforced close confinement, I beg to enter to your Government my earnest though respectful protest against the illegal, severe, and unnecessary treatment which it accords this American citizen, treatment which is clearly violative of all international right, while I ask in the name of right and justice his immediate release. And this, Mr. Minister, I do upon the positive instructions of my Government.

With the renewal of my exalted consideration,

I am, &c.,

JOHN MERCER LANGSTON.
[Inclosure 2 in No. 715.—Translation.]

Mr. St. Victor to Mr. Langston .

Mr. Minister: I have the honor to acknowledge the receipt of your letter of the 12th of this month, relative to the imprisonment of Mr. A. C. d’Almena, an American citizen.

I make haste to communicate this dispatch to the secretary of state of justice, and I shall not fail to make known to you the response of my colleague so soon as he shall have sent it to me.

You will accept, &c.,

B. ST. VICTOR.
[Inclosure 3 in No. 715.—Translation.]

Mr. St. Victor to Mr. Langston .

Mr. Minister: In acknowledging the receipt of your letter of the 12th February, instant, I told you in my dispatch that communication thereof had been made to my colleague of justice.

I have the honor to transmit to you under this cover copy of his letter of the 21st instant, and of that communicated bearing the same date and the No. 17 of the judge of instruction near the civil tribunal of this district, addressed to my colleague.

These two papers are relative to the affair of d’Almena.

Accept, &c.,

B. ST. VICTOR.
[Inclosure 4 in No. 715.—Translation.]

The secretary of state of the department of justice to the secretary of state of foreign relations .

My Dear Colleague: While demanding of the public prosecutor of the district why the affair of Mr. d’Almena has not yet been sent to the chamber of council, I have communicated to him your dispatch as well as a copy of the letter of Mr. Langston, minister of the United States of America. This officer of the parquet has just sent the reply of Mr. E. Bonhomme, judge of instruction of the district to whom this affair is referred—reply which I communicate to you herewith inclosed, praying you to return it to me when you have no further need of it.

My most profound compliments.

INNOCENT MICHEL PIERRE.

A true copy.

The chief of bureau of the department of foreign relations,

M. DELVA.
[Page 497]
[Inclosure 5 in No. 715.—Translation.]

The judge of instruction to the commissary of the government .

Mr. Commissary: I acknowledge the receipt of your letter of the 20th instant and the papers you have sent me in your communication.

I am upon the point of accomplishing the supplement of information which you have required me to make. I hope to be able to finish next week.

I salute you, &c.,

ERNEST BONHOMME.

P. S.—I return to you also the dispatches communicated.

A true copy.

The chief of bureau of the department of foreign relations,

M. DELVA.
[Inclosure 6 in No. 715.]

Mr. Langston to Mr. St. Victor .

Sir: In acknowledging the receipt of your dispatch of the 23d instant, with its inclosures, a copy of a letter from your colleague of justice, addressed to you, under the cover of which a copy of a letter addressed to him by Mr. Bonhomme, was found, I have the honor to state that it does not appear to me that you have so far shown anything like justifiable grounds upon which to hold Mr. d’Almena in prison.

You will recollect, Mr. Minister, that seventy-five days have elapsed since he was put in confinement, quite long enough, one might conclude, for making the most difficult and certain charge against him upon the evidence and the law, should such exist, and now the extent and measure of your reply upon Mr. Bonhonime’s letter is that “the supplement of information” which the minister of justice has required of him he thinks will be closed next (this) week.

But, Mr. Minister, upon what principle of law or usage can Mr. d’Almena be longer held? Once more, therefore, upon the instructions of my Government, I insist upon his release.

Awaiting your early solution of this case,

I am, &c.,

JOHN MERCER LANGSTON.