No. 354.
Mr. Langston to Mr.
Frelinghuysen.
Legation of
the United States,
Port-au-Prince,
Hayti, March 4, 1885.
(Received March 21.)
No. 720.]
Sir: Referring to your dispatch No. 328, dated
February 2, 1885, having reference to the case of Mr. C. A. Van Bokkelen,
still confined, as imprisoned for debt, being refused by the Haytian
tribunal upon a decision from which he had appealed to the court of
cassation, the supreme court of the country, the one of final resort, I have
the honor to transmit, as herewith inclosed, a copy of the judgment which
was rendered by such court on the 28th ultimo, with its translation,
according to which the decision of the under court referred to is entirely
sustained, the right to make an assignment (“la cession de biens
judiciaire”) is a civil right belonging only to Haytians, and that the sixth
and ninth articles of the treaty of November 3, 1864, do not confer such
privilege upon Americans residing in Hayti, or upon Haytians residing in the
United States of America.
This decision, as it would appear, is a grave and serious one under the
circumstances, affecting not simply the rights and the liberty of Mr. Van
Bokkelen, who is detained, deprived of his freedom by imprisonment for debt,
but it is far-reaching and comprehensive, involving the interpretation and
application of the treaty existing between the two Governments as regards
the rights and privileges generally of American citizens residing in Hayti
doing business here under the laws of the country.
For both of these reasons this decision must command the attention and
consideration of our Government, and as regards Mr. Van Bokkelen’s case,
particularly, I shall await the instructions of the Department with no
little solicitude.
Meantime I shall do all I may to secure, by a clear and truthful view of the
law under the treaty presented, as I hold it, to the Government, the release
of our citizen.
I am, &c.,
[Page 499]
[Inclosure 1 in No.
720.—Translation.]
Decree of the court of appeals of Hayti.
Whereas the judicial assignment of property is an institution of civil
right, the articles 769 of the code of civil procedure and 569 of the
code of commerce excepting foreigners from the benefit of this
institution, since they do not exercise in Hayti all rights, they can
only enjoy privileges derived from natural rights, or of mankind, and
not those which are derived from purely civil law.
Whereas nowhere in the treaty of friendship, of commerce, of navigation,
and of the extradition of fugitive criminals, concluded November 3,
1864, between the United States of America and the Republic of Hayti, is
to be found that it confers upon the citizens of these two countries the
right to exercise the judicial assignment of property, there can be
concluded from the terms of articles 6 and 9 of the treaty nothing which
would authorize the opinion that this right could be invoked in the
United States by a Haytian or in Hayti by an American. In consequence
thereof, Americans cannot enjoy in Hayti such civil right, the enjoyment
of which is attached exclusively to the quality of a Haytian. That in
stipulating that “the citizens of the contracting parties should have
free access to the courts of justice in all cases wherein they may be
interested, on the same conditions that the laws and usages of the
country give to their citizens, furnishing security required in the
case,” this provision of the article 6 was not intended to grant to the
citizens of these two nations the enjoyment of civil rights which do not
attach to citizens.
Therefore it follows from that which precedes that the judgment denounced
has made a good and just application of articles 769 of the code of
civil procedure and 569 of the code of commerce, and a sound
interpretation of the articles 6 and 9 of the treaty above cited.
For such reasons, and without there being any necessity of passing on the
result of non-acceptance raised by the parties, the court rejects the
appeal made by Mr. Charles Adrien Van Bokkelen against the judgment
rendered May 27, 1884, by the civil court of Port-au-Prince, orders, in
consequence, the confiscation of the fine deposited, and condemns the
said Mr. Van Bokkelen to the expenses, liquidated at the sum of ——, not
including the cost of the present decrees.
Given and pronounced by us, B. Lallemand, president; J. Martineau, E.
Valles, M. Fremont, and F. Nazon, judges, at the palace of justice of
the court of appeals, in public session, on the 26th of February,
1885.
Signed as follows on the minutes: B. Lallemand, E. Valles, Fremont, J.
Martineau, F. Nazon, and P. Lerebours.
A true copy.
