Office of the Historian
No. 369.

Mr. Langston to Mr. Bayard.

Legation of the United States,
Port-au-Prince, Hayti, June 9, 1885. (Received June 23.)
No. 744.]

Sir: With regard to the case of Mr. C. A. Van Bokkelen, released on the 27th ultimo, as already reported by this legation, I have the honor to bring to your attention a copy, with a translation thereof, of the [Page 523] dispatch of Mr. B. Prophète, acting secretary of state of foreign relations of this Government, dated the 5th instant, and having relation thereto.

The honorable secretary reminds this legation, in opening his dispatch, of the desire of his Government to maintain a good understanding with all friendly powers represented in Hayti, and dwells upon the fact that the Government of the Union certainly has no complaint to make in view of the conduct of the Haytian Government, whose goodwill and courtesy with regard to it have been complete.

I am unable to appreciate properly, as concerns this case, the expositions of the learned secretary as respects the duty of his Government to duly observe and have executed the constitutional and general laws of the country. The observance of this duty, as he asserts, is of the first importance and outweighs all considerations of courtesy.

In this case this legation has pleaded at no time considerations of courtesy. It has always and ever urged those considerations of municipal regulation, under our treaty with this Government, and international usage, well established and understood, and applied in like cases, which illustrate and enforce the legal obligation of the Haytian Government, in this case in a manner and to an extent which show it as sacred and binding as any other obligation whatever.

The secretary then announces his adhesion to the positions taken by him, as regards this case, in his dispatch of the 29th of April, while he adds that the arguments presented by him in such communication have not been refuted, and, in fact, cannot be, for they are founded in the constitution of Hayti—its laws and French jurisprudence in this conforms to Haytian legislation. He therefore deems it his duty to maintain them.

But, strange to tell, Mr. Van Bokkelen had been put at liberty some ten days before this dispatch was written, and that, too, by the intervention and action of the President of Hayti. Indeed, the Government had gone so far, as I am advised, as to provide for the payment of every claim held in judgment against Mr. Van Bokkelen, and upon which he had been imprisoned, before he was released and delivered to me at this legation. And, in fact, Mr. Antoine, the attorney of the President in all his personal and special Government transactions and the attorney of the National Bank of Hayti in its action against Mr. Van Bokkelen, and upon whose judgment also he was put and held in prison, conducted Mr. Van Bokkelen to this office and presented him to me, as directed by the President. And that Mr. Van Bokkelen would be set at liberty I had learned of the President and the honorable secretary of justice, Mr. Michel, and day by day I was expecting it, when it was done.

You may, then, very well conceive of my surprise when, on the 5th instant, I received from Mr. Prophète his dispatch, the closing paragraph of which runs as follows:

I learn that Mr. Van Bokkelen has been put at liberty. This result, happy for him, is due, without doubt, to some arrangement made with his creditors. This fact, besides, to which I will not address myself further, as it is not proper, has itself, as you will understand, been accomplished without interference of the executive power; it comes to pass without saying that it annuls in nowise the considerations which this Department has plead relative to the case of Mr. Van Bokkelen.

On the 6th instant I made acknowledgment of the receipt of Mr. Prophetess dispatch in a brief note, in which, while reserving all the rights which pertain to Mr. Van Bokkelen, I advise the Haytian Government that hereafter, under the special instructions of the Department with regard thereto, this legation will bring this case to its attention for final [Page 524] and complete settlement. In my note I do not fail to indicate to Mr. Prophète the surprise I experience in view of his statements asconcerns the release of Mr. Van Bokkelen.

A copy of my note is herewith transmitted.

I am, &c.,

JOHN MERCER LANGSTON.
[Inclosure 1 in No. 744.—Translation.]

Mr. Prophète to Mr. Langston.

Department of State of Foreign Relations,
Port-au-Prince, June 5, 1885.

Mr. Minister: The Government of the Republic desirous to avoid all trouble in its relation with friendly powers represented in Hayti, applies itself constantly to maintain them in favorable conditions, and the Government of the Union has certainly no and complaint to make of the proceedings of the Haytian Government, whose good-will courtesy toward it have been complete; nevertheless, while exerting itself to conserve in its relations this double character, the Government of Hayti does not lose sight of the constitutional law of the state and the laws in vigor in this country, which it is its duty to have executed, and you will not fail to recognize that this obligation in which it finds itself, and whereof it ought, above all else, to acquit itself, outweighs any consideration of courtesy.

In consequence, I have only, in response to your dispatch of the 5th ultimo, relative to the release of Mr. Van Bokkelen, to confirm the communication of 29th of April addressed on this subject to your legation.

The arguments which it presented have not been answered, and are, in fact, irrefutable, for they are founded upon the constitution of Hayti—its laws and French jurisprudence in that conform to Haytian legislation. I consider it, then, as a duty to maintain them.

I understand that Mr. Van Bokkelen has been put at liberty. This result, happy for him, is due, doubtless, to some arrangement made with his creditors. This fact, besides, to which I will not address myself further, as it is not proper, has itself, as you well understand, been accomplished without interference of the executive power; it comes to pass without saying that it annuls in nowise the considerations which this Department has plead relative to the case of Van Bokkelen.

Accept, &c.,

B. PROPHÈTE.
[Inclosure 2 in No. 744.]

Mr. Langston to Mr. Prophète.

Legation of the United States,
Port-au-Prince, Hayti, June 6, 1885.

Sir: In acknowledging the receipt of your dispatch of yesterday, having relation to the ease of Mr. C. A. Van Bokkelen, the undersigned, while reserving every right which appertains to said American citizen, begs to, advise you that the late action of your Government as regards the release of Mr. Van Bokkelen and his delivery to this legation, in obedience to its order, has already been reported to the Government of the United States, and your dispatch itself shall be at once communicated to it also, when, in accordance with its more special and positive instructions with regard thereto, this legation will take occasion to bring this case, for complete and final consideration and settlement, to the attention of the Haytian Government.

Meantime, you will permit the undersigned to express to you, Mr. Minister, the profound surprise which he experiences in view of the statements contained in your dispatch respecting the release of Mr, Van Bokkelen.

With the renewed assurance, &c.,

JOHN MERCER LANGSTON.