New-York tribune., 1906-07-30
cA1VO DOCTRINE CONSIDERATIONS

The substance of the CalvO or Drago Doc
trine, which will be much discussed at the Pan
American Congress at Rio JanerO. which will
probably be presented for consideration at
the next Hague Conference and which many
South American statesmen are earnestly de-
sirOuS of seeing enacted and incorporated into
international law. is that force shall not be
used for the collection of international claims
that is, pecuniary claims, arising from bust
ness transactions, made by the citizens of one
nation against the government or citizens of
another. In some perhaps most of it's appli-
cations, as we have hitherto pointed out that
doctrine strongly appeals to sentiments of
equity and reason, and it has been advocated
in other lands than South America and long
before it was put forward in Argentina; in
deed, before there was an Argentina or any
independent South American state. 1t was sug-
gested by no less a statesman than Alexander
Hamilton more than century ago, and it was
substantially approved by Lord Palmerston half
century ago. Were it proposed to-day in a
worlds congress it would doubtless receive
much support perhaps from a decisive ma
jority.
II must be recognized, however. that there arc
certain conditions upon which the general ac-
ceptance of the doctrine must depend. The
strongest uphoders of the Monroe Doctrine
admit frankly that that doctrine must not be
Drago Doctrine, if it is to be adopted, must
not be used as a screen for dishonesty and in
Justice. We might in a measure cOmDare It
with the law against imprisonment for debt
Ihe latter ahords no immunity TO fraudulent
debtors and swindlers American and British
authorities have long been pretty generally
agreed that force should not he used. nor even
diplomatic Intervention, by government for the
collection of contract or other ordinary claims
q n cxV-l,a
of justice or undue discrimination in the admin
istration of Justice by the courts of the debtor
country. But in these latter cases Intervention.
even with force, is justifiable as it aIwavs is
for the protection of a citizen from harm.
A cOrOllary of the CalvO- Drago Doctrine is
therefore, that all states seeking to enIoy its
immunity from fOrcbe Intervention shall deal
justly with alien creditors and claimants. We
are afraid that it cannot be maintained that all
the states of Latin America have always done
so in manner entirely above suspicion. The
remark is made by the advocates of this doc
trine that attempts at forclble collection of
claims are never made against any of the great
powers, and they argue that what is law for
the big nations should also be law for the
small ones. That is quite true but the reason
why such attempts are not made is that there
is no occasion for them. There is never any
cause for suspecting denial of justice or undue
courts OF those powers One Of the most note
worthy examples of dissatisfaction Of alien
claimants has been presented by our own coun-
try In the refusal of the federal government 10
compel payment Of the Confederate bonds or OF
the repudiated bonds OF some Of the states. But
there has been and will be no thought OF even
diplomatic Intervention, not because the United
States is great power which could effectively
resist any attempt at fOrcible collection. nIt
rather because there is evidently no denial or
undue discrimination Of justice against foreipD
claimants, the foreign and domestic holders op
the defauted bonds being treated exactlv alike
in American courts. No nation would think az
using force for debt collection against some OF
the small powers, such as Switzerland Holland
and Denmark, for the same reason that there
is entire confidence in the impartial justice Of
their courts
To speak plainly, then. but without offence
it may be said that the disposition to use force
against some Of the Latin American states has
been manifested not because Of their smaIness
and weakness. but because of the lack Of sta
bility of their governments and the conse-
quent lack Of confidence in the integrity ami