In view of Mr. Van Bokkelen’s present statement of facts and those already
before your legation in regard to his case, I desire that you will call the
attention of the Government of Hayti to his claim. There can be no doubt
that Mr. Van Bokkelen was wrongfully imprisoned by the Haytian authorities
and that great damage accrued to him thereby.
Under these circumstances, therefore, you are directed to ask and to press
for the redress claimed by Mr. Van Bokkelen, or, if the amount to be paid
cannot be immediately agreed upon, for a reference of the question to an
arbitrator, so that the case may be disposed of without unnecessary
delay.
[Inclosure in No. 24.]
Mr. Van Bokkelen to
Mr. Bayard.
504 Clinton Avenue, Brooklyn, N. Y.,
September 19, 1885. (Received September
28.)
Mr. Secretary: Upon receiving reply to my
letter addressed to your Department, inquiring as to rights possessed by
American citizens residing in Hayti, under articles 6 and 9 of treaty,
1864, I made an assignment of $56,000 in favor of my creditors. This was
done in 1882, at the civil court in Port-au-Prince, depositing in due
form my assets of $56,000; liabilities, $10,500. This remained before
the court a year and a half without action, no attempt being made to
molest me. On March 5, 1883, I was arrested on the street by order of
the judge of the civil court. The law distinctly states that no
foreigner of any nationality shall be arrested without the order of
[Page 538]
arrest and the judgment on
which he is arrested having first been submitted to the attorney-general
of the Government, for his revision, and then only on his approval,
signature, and seal can the foreigner be put in confinement.
These important and, to me, valued formalities being entirely overlooked,
and notwithstanding the attention of the judge and jailor being most
positively called to this fatal omission, I was thrust into jail. This
law had been made by the Government expressly to prevent the arrest of
foreigners until the Government could itself act advisedly in each case
as it arose, having had previously to pay for each illegal arrest.
Mr. Garrido, secretary to the United States legation, had been arrested a
few days previous for debt, and great care was taken to have all the
formalities complied with. Is not the law the same with the native born
as the naturalized?
Thus being put in jail illegally by the judge, I addressed myself to the
general term court to annul my imprisonment, not on the violation of the
law by the Government, but on the illegality of the judgment on which I
was imprisoned. At this trial the same judge presiding (who had refused
me this right) the judgment was annulled and I was ordered to be put at
liberty; this proving, had in the first instance the formalities of the
law been complied with, I never would have entered the jail. Here was
the first illegal and arbitrary action on the part of the Haytian
officials.
Being put at liberty by the court I demanded of the jailor to be let go,
when he informed me that I had been recommitted by the Haytians (Mr. St.
Ande, Nadal, and Delencourt) in virtue of the laws of Hayti, 1843,
giving Haytians the right to detain a foreigner in jail, without right
of bail, until they, the Haytians, could present to the court their
claim and have the matter adjusted and decided for or against.
Finding myself then barred from all justice, illegally imprisoned, I
moved the civil court to take action on the assignment made by me one
and a half year previous. A date was fixed for hearing, when my
creditors presenting themselves accepted my assignment, thus virtually
giving me liberty. The court took the papers, reserving its decision. At
the lapse of twenty days a decision was handed down, that
notwithstanding the acceptance of my creditors (that), being an American
citizen, I was not entitled to my liberty, and that articles 6 and 9 of
the treaty never intended it, and that I must remain in jail.
Of this decision I informed your Department and received for reply “that
I must fulfill all the formalities of the law in Hayti and that I would
be protected.”
After awaiting all of the delays of the law, and having a written opinion
of the attorney-general of Hayti, addressed to the United States
minister, that I had the right under articles 6 and 9 of the treaty to
make an assignment, and the formal promise of Mr. B. St. Victor,
minister of foreign affairs, that the supreme court would see justice
done, I appealed to that tribunal, obtained a hearing, and after fifteen
days was informed that it was of opinion that I did not have the rights
claimed under the treaty. This result was communicated to the Department
and action taken, my release being demanded, arrest declared illegal and
against the rules of the civilized nations, and in violation of the
treaty rights. Four times was my release demanded by my Government, and
when at last, in the most positive terms, did you again demand it, with
indemnity for illegal acts, did reason prevail. On May 27 I was taken by
the Government attorney from jail, where I had been illegally confined
fourteen months and twenty days, to the United States legation and
delivered to the United States minister, who asked by what process and
how I was brought there, and received for reply that the President would
explain to the United States Government. The only explanation given,
notwithstanding the frequent and positive refusal of the courts and
Haytian Government to release and accord me the rights of an American
citizen as guaranteed by treaty, is, as far as I know, to be found in
the message of President Solomen to the General Assembly, in which he
says that on the demand of you, the Honorable Secretary, he had put me
at liberty.
There exists on the prison books at Port-au-Prince, relative to my
discharge, the notice “that, on account of ill-health, the parties by
whom I had been confined consent to the discharge.”
In view of the foregoing facts it is clearly and indisputably shown—
- 1st.
- I was imprisoned illegally fourteen months, twenty-two days,
proved by the papers on which I was imprisoned being annulled
and declared informal by the court ordering my confinement; and
had the formalities of the law been complied with in the first
instance I would not have been put into jail and obliged to
suffer from the illegal action of the courts.
- 2d.
- Had I not been illegally confined I would not have been
recommitted by the Haytians, thus being detained without right
to give bail.
- 3d.
- The civil court giving judgment and refusing my liberty,
notwithstanding the acceptance by my creditors, without judging
on the merits of the case, simply because I was an American
citizen, did wilfully deprive me of my treaty rights and
liberty, illegally causing my detention in jail.
- 4th.
- The supreme court of Hayti again committed the same illegal
and arbitrary-action, maintaining decision of civil court, and
thus refusing my rights, as proved by my release by the
Government after oft-repeated demands.
- 5th.
- That I am justly due and entitled to compensation of $200 for
each and every day from the day that I was deprived of my
liberty, and denied rights guaranteed by articles 6 and 9 of the
treaty, simply on the ground that being an American citizen I
had not the same rights as a Haytian as regards an assignment,
and $500 per day for each and every day I was deprived of my
liberty, from the time the demand was made by our minister
direct to the Haytian Government, until final release, and for
which compensation I have made claim through our minister in
Port-au-Prince. For such compensation the Haytian Government has
certainly confessed its liability by the fact that it has
satisfied the original claim, for which I was first thrown into
prison, and also the claims of the Haytians upon whose
recommendation I was continued, and by holding said payments as
offsets against damages claimed by me, and which my Government
will, I know, see are promptly satisfied, as in its demand for
my release it formally declared to the Haytian Government that I
was entitled to just and due compensation for my illegal
detention. I therefore, in consideration of my health being
destroyed, unable to carry on my business, which was one of the
best in Hayti, come again to ask, Mr. Secretary, that positive
instructions be given our minister resident in Hayti that he
must forcibly call the attention of the Haytian Government to
the necessity of a prompt and speedy settlement, and also see
that some proper and public announcement be made, so that all
will know that not from any criminal act was I thrown into a
loathsome prison, but because being an American citizen, I
suffered; that in future all claiming the same blessed privilege
would have their rights respected, and that although born in
that country my children would not be ashamed of their
nationality.
The documents in proof of all the foregoing are on file in your
Department.
I, therefore, Mr. Secretary, pray that my case will meet your careful and
prompt attention, and not be allowed to slumber.
I am, &c.,
