The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-23

mittee ROOM in this case the diplomatic
room at the state department, and fin
ally compromise was reached by the
insertion of the words, Whether and If
at all" just after the word consider
in the original article
But some of the South Americans are
still of the opinion that this question
should not be permitted to come before
The Hague tribunal In any shape. SO
spirited contest Is probable as the Rio
conference discusses this proposition. In
fact DR.. Drago. the putadive author OF
the doctrine bearing his name, refused
to represent his government in the con-
ference, because It was proposed TO sub
nit this American doctrine to The Hague
tribunal.
An Expression Of calvo's Doctrine.
The Drago doctrine Is said by public
lists to be merely an expansion of the
Calvo doctrine, dear to the hearts of
Latin-Americans but never engrafted up
on international law. In its essence. that
doctrine was a declaration that any claim
against a nation by a foreign citizen,
or even a foreign government must be
adjudicated by its own courts and under
no circumstances was a proper subject of
diplomatic representation or negotiation.
That doctrine has often been asserted in
opposition to the presentation of such
claims but so far without success when
the claim was advanced by a nation OF
superior strength. Even the United States
state department has disregarded 1t, not
ably in forcing a settlement of the claims
of the Salvador Improvement company
against Salvador, and is again pursuing
the same course as to Venezuela in the
matter OF the asphalt and other Ameri-
can claims. But the principal basis OF
the action of the United States up to
this point has been found in two rea-
sons: first, an assertion on the part OF
the United States that no American eiu-
zen by the mere signature of contract
or concession in terms submissible for
construction only TO the courts OF the
granters can cancel the right of his own
government to protect him In his rights,
and second an insistenee upon the right
of the government of the United states
to make sure that there has been no
miscarriage of justice in the courts, ac-
cording to Anglo-Saxon standards of law.
Dragos Exposition of the Doctrine.
A more detailed exposition of the Drago
doctrine and the American view of its
force is to be found in the following cor
respondence:
Monroe Doctrine and diplomatic
claims of European powers
Senior Luis M. Drago minister of for
eign relations of the Argentine repub-
lie, to Senior Martin Garcia Merou, min
lister Of the republic to the United States.
transmitted to the department of state
by the Argentine minister)
(Translatlon)
Argentine Republic,
Ministry Foreign Relations & Worship,
Buenos Ayres, December ~, l9o2.
Mr.. Minister-I have received your ex-
cellency's telegram of the 10Th instant
concerning the events that have lately
taken place between the government of
the Republic of Venezula and the gov
ernments of Great Britain and Germany.
According to your excellencys Informal
ton the origin of the disagreement Is,
in part, the damages suffered by subjects
of the claimant nations during the reyo-
lutlons and wars that have recently oe-
Cured within the borders of the repub-
lie mentioned, and in part also the fact
that certain payments on the external
debt of the nation have not been met at
the proper time
Leaving out of consideration the first
class of claims the adequate adjustment
of which ii would be necessary to con-
suit the laws of the several countries,
this government has deemed it expedient
to transmit to your excellency some con-
sideration with reference to the fore
ible collections of the public debt sug-
gested by the events that have taken
place.
At the outset it is to be noted in this
connection that the capitalist who lends
his money to foreign state always takes
into account the resources of the coun-
try and the probability, greater or less,
that the obligations contracted Will be
fulfilled without delay
All governments thus enjoy different
credit according to their degree of civil
izaton and culture and their conduct in
business transactions: and these eondl-
al and
making any loan, the terms being made
more or less onerous in accordance with
the precise data concerning them which
bankers always have on record.
In the first place the lender knows that
he is entering into a contract with a
sovereign entity, and it Is an inherent
qualification of all sovereignty that no
proceedings for the execution OF judR-
ment may be instituted or carried out
against It since this manner of collection
w1nlo compromise It's very eXi'tence and
cause the independence and freedom Of
action Of the respective government to
disappear
Among the fundamental principles of
pubic international law which humanity
has consecrated, one of the most precious
is that which DEGREES that all states,
whatever he the force at their disposal,
are entities in law, perfectly equal one to
another and mutually entitled by virtue
thereof to the same consideration and re-
spect
Tae acknowledgment of the debts, he
payment of 1t in its entirety can and
must be made by the nation without d.
minuuon of its inherent rights Is SOW
ereignentity, but the summary and I'M
mediate collection at a given moment, by
means of force, would occasion nothing
less than the ruin of the weakest nations
and the absorption of their governments,
together with all the functions inherent
in them by the mighty of the EARTH The
principles proclaimed on this continent
of America are otherwise. Contracts be-
tween a nation and private individuals are
obligatory according to the conscience of
the sovereign, and may not be the object
of compelling force" said the illustrious
Hamilton "'rhey confer no right o. action
| contrary to the sovereign will
The United States has gone very far
in this direction. The eleventh amend
| ment to its constitution provided in effect
| with the unanimous assent OF the peo-
| pie, that the judicial power of the nation
should not be extended to any salt in
| law or equity prosecuted against one of
the United States by citizens OF another
| state or by citizens or subjects OF any
| foreign state. The Argentine government
| has made its provinces indictsble, ami
| has even adopted the principle that the
nation itself may be brought TO rial be-
| fore the supreme court on contracts which
| IL enters into with individuals.
What has not been established what
| could in nowise be admitted. Is that,
| once the amount for which it may be
! indebted has been determined by legal
Judgment, 1t should be deprived of the
right to choose the manner and the time
OF payment. in which II has as much In