Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-24
RIO CONGRESS OPENED
APPROVAL OF THE pRAoo DOC.
TRINE AN IMPORTANT QUESTION

The Pan-Ameriean congress held It's Eirst
session In the ST. Louis pavilion at Rio Ia
Metro. beginning at 8 O'Clock last evening.
The delegates were enthusiastically ,,heered
by great crowds OF people. Joaquin Ma
eoco. ambassador OF Brazil 20 the United
States. was chosen permanent president OF
the congress.
After the adoption of a vote OF thanks
to the governments of the United States
and Mexico for their work OF pacincation
IN Central America. and OF fsiicitation to
the republics whose differences have been
adjusted through tho good offices OF the
United States and Mexico. the congress al
journed until today
The Drago Doctrine.
II is expected that the submission to The
Hague tribunal OF the so-caIled ..Drago
doctrine" with It's approval by the nations
OF tho western hemisphere. VIII be one Of
the most important questions before the
conference
heduced TO Its simplest terms the Drago
doctrine is declaration that no nation
has right forcibly TO undertake 20 collect
debts owing to it's citizens by those of an
other nation. IL Is so called because II
was formulated by DIR. Louis Drago. Argea-
tine minister OF foreign relations in a com
munication TO the late John Hay American
secretary OF State. DR.. Drago contended
that the contrary doctrine was unjust be-
cause foreigners, in lending their money
always took into account the conditions of
the borrowing country. and imposed upon Il
more or less onerous stipulatlons In conse-
quence of those conditions. He contendcd
that the forcible collection OF such debts
was dangerous to the United States and In
consistent with the Monroe doctrine. be-
cause the effective collection OF loans by
force implies territorial occupation. ana
such occupation signifies subjugation or
subordiaation of the countries on which Il
Is imposed.
Expansion of Calvo Doctrine.
The proposition before the Pan-American
conference, which It is asked TO submit TO
The Hague tribunal is to wha; extent, II
at all, the use of force IS justihabls Ia tho
collection of such debts. Naturally. the
question thus propounded is OF the most
vital interest to every debtor nation. and
most of all 10 the practically defenseless
republics of South and Central America.
The Drago doctrine Is said by politicians
to be merely an expansion OF the Calvo
doctrine, dear to the hearts OF the Latin
Americans. but never engrafted upon inter
national 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 circum-
stances was a proper subject OF diplo-
matte representation or negotiation. That
doctrine has often been asserted In oppost-
ton to the presentation of such claims.
but so far without success when the claim
was advanced by a nation of superior
strength.
III the Drago doctrine Is to be approved
as a sound principle of international law.
1t becomes important TO know more OF the
details of the fundamental, OF Calyo. doc
trine upon which II is built. The subject
may be interesting also because this doc
tiine has been formally invoked by Vene-
zuela I'm the past and Is certain to take
first place I'm the legal battle about to en-
sue as a result of a fresh presentation by
the United States of American claims
against that republic.
Exposition of Doctrine.
As expounded by the highest authority
the doctrine Is thus set out:
Disputes and controversies which may
arise 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 nation,
and shall not in any case be considered as
a motive for international reclama TONS.
The reply of Secretary Hay to the COM
munication IN which the Drago doctrine
was set forth follows;
without expressing assent to or dis
sent from the proposition ably set forth
In the note of the Argentine minister OF
foreign relations dated December - 1907,
the general position OF the government Of
the United States I'm the matter Is indi-
Gated in recent messages of the President.
THE President declared in his message
to Congress on December 3, 1901, that by
the Monroe doctrine we do not guarantee
any state against punishment II II mtscon-
ducts itself, provided that punishment does
not take the form of the acquisition or ter
ritory by any non-American power.
I'm harmony with the foregoing Ian
guage the President announced in his mes
sage of December 2, 1902:
/" No independent nation in America need
have the slightest fear of aggression from
the United States. 1t behooves each one
to maintain order within its own borders
and to discharge its just obligations TO
foreigners. When this is done they can
rest assured that. be they strong or weak
they have nothing to dread from outside
Advocating and adhering In practice in
questions concerning itself to the resort of
arbitration In settlement OF
not adjustable by the orderly
treatment of diplomatic negotiations. the
of the United States would al
ways be glad to the questions of the
Justice of claims by one state against an
other growing out of individual wrongs or
obligations, we'll as the guar
antees for the execution OF whatever award
NAV be made, left to the decision of an i'm
partial arbitral tribunal before which the
litigating nations. weak and strong alike.
may stand as equals in the eye of inter-
lou and mutual dufy'f