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

= - - LOOOs
jeet may be interesting also because this
doctrine has already been formally evoked
by Venezuela in the past and is certain
to take first place in the legal battle about
to ensue as a result Of a fresh and pre-
emptory presentation by the United States
CT the American claims against that re-
public. AS expounded by the highest au-
thority the doctrine and the objections
to its application are thus set out:
The calvc Cause.
Disputes and controversies which may
alise with regard to the Interpretation or
execution of this contract shall be re-
solved by the tribunals OF the republic
IN accordance with the laws of the ma
ton. and shall not in any case be con-
sidered as a motive for international re-
clamations."
Nothing is better settled in law than
that a suitor having a claim should ap-
peal to a court of law in which to have
his claim passed upon and to see justice
come In the premises. Courts were estab-
lished for this very purpose. in order that
the parties may not appeal to the doc
trine of Manipulating the law into
their own hands. This doctrine obtains
throughout the civilized world in matters
of municipal law, and it should not be
varied unless the court is so constituted
either as to be unable to assume jurisdie-
ton of the claim or does not do justice
to the claim.
When citizens of the United States, for
example, leave this country and establish
themselves in foreign country, such as
Venezuela, 1t necessarily follows that the
American citizen must subject himself to
the laws and customs of Venezuela. He
can claim no greater rights or privileges
81 ~
may, indeed, receive less consideration,
and would ordinarily have no right to
complain unless he could show that the
Venezuelan government Disseminated
against him by granting greater rights or
privileges to citizen of another foreign
state, such as Great Britain for example.
Now, inasmuch as a citizen of Vene-
zuela in the matter of a contract must
appeal to the court in order to have any
doubt or uncertainty In the contract clear
ed up and in order to obtain judgment
based upon the rights involved, 1t neces-
sarily follows that stranger residing
within Venezuela must likewise appeal to
the court in a case circumstanced as
above. If the same law be applied to him
and no discrimination be made between
the Venezuelan on the one hand and the
American citizen on the other, or no as
tinction made between the American cltl-
zen and the British subject, there can be
no ground OF complaint IL iAoNNfeAt -
appear that the court does not treat
claims Of foreigners with impartiality,
that foreigners are Disseminated against.
and that there is lacking that Impartial
administration Of justice which attaches
to the term, court in civilized countries,
it follows necessarily that resort must
be had to other means so that justice be
done.
The Latin-American countries, 1t would
SEEM are not willing that claims arising
In their respective countries should be
considered automatically. For this, how
ever, there Is considerable foundation. be-
cause no foreign country can sit as
court of appeal upon the proceedings OF
q court of a sovereign and Independent
nation. The real difficulty seeMs, how
ever to consist in the fact that the Judg-
ments of some of the courts OF Latin
America will not stand this examination,
and the countries in question insist that
any foreigner entering into a contract
with the particular government IN ques-
ton expressly renounces, by an apt article
in the contract his right of resort 10
diplomatic Intervention.
II the courts Of Venezuela, for exam
pie, passed upon the question according TO
the evidence submitted and decided the
question according to the evidence, the
insertion of such a clause would be un-
necessary; because, as above stated; all
Venezuelans must resort to the court and
foreigners residing, either temporarily or
permanently in Venezuela should not be
given greater rights or privileges than
the natives or citizens of Venezuela.
It is a fact however, that the separa-
ton of the executive and the judiciary is
not so marked or so carefully safe
guarded in Latin America as in the Eng
lish-speaking world. For which reason
there is often grave doubt that the
case in question will be prejudged or
the court will be influenced directly or
Indirectly to accept the view agreeaple
to the executive for the time being. This
may or may not mean "a denial of JUS
tce.
While therefore, the Individual Ameri-
can residing In Venezuela may not ask
that his country take up the claim dlplo-
matlcally for the reason that he must seek
his redress in the courts of justice, and
for the second reason that he has re-
nounced expressly his right to appeal to
the diplomatic Intervention of his coun-
try still the United States owes duty
to protect the citizen even against him.
self He may renounce his right or priv
ilege as far as the individual is concern
ed he may not renounce the right or
duty of the United States to protect its
citizens abroad. because he is not the
accredited agent OF the United States for
this purpose Therefore. it is a question
of policy for the United States to espouse
or to refuse to espouse the cause OF an
American citizen thus circumstances. 1t
IS. however, a question for the United
States. not question for the citizen. and
against the decision of the United States
to intervene the foreign government can
not well protest. The reason is two-fold:
First because that very government must
do the same for it's own citizens injured
in foreign parts; and secondly, because
the denial of justice In the individual case
Is the cause of the Intervention.
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