No. 349.

Mr. Frelinghuysen to Mr. Langston.

No. 328.]

Sir: I have received your No. 702, of the 14th ultimo, giving a very full and clear report of the case of Mr. C. A. Van Bokkelen, which may be briefly summed up as follows:

It is clear that if Mr. Van Bokkelen were a Haytian citizen a simple assignment and proceedings in bankruptcy would suffice to release him. [Page 493] He being an alien, however, and so prohibited from holding real estate, Mr. Van Bokkelen cannot make the required assignment.

Now, the Haytian law applicable to this case cannot require a man to do a specific thing and prohibit him the means of doing so. Hence, as Mr. Van Bokkelen suffers because he is an alien, the treaty between the United States and Hayti is clearly violated in his person.

I have pleasure in approving your course in this matter, and desire that you will continue your efforts to secure Mr. Van Bokkelen’s release.

I am, &c.,

FRED’K T. FRELINGHUYSEN.