The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-30

suspicion of his perfect good 1altn IN
that solemn public determination rather
as an insult than as a compliment.
The San Domingo Treaty Again POST
poncd.
Although the treaty concluded by the
State Department with the Government
of the Dominican Republic has been
subjected to drastic notifications by the
Senate's Committee on Foreign Rela-
tions, there is no doubt that had it come
to a vote it would have failed to obtain
the necessary two-thirds. The friends
of the treaty brought about the post
ponement of the test, hoping, apparently,
to profit by tho lapse Of time and the
chapter of accidents.
In it's amended form the treaty has
been pruned of most of the features
which to many Senators seemed OBJ
i%ectionable. 1t no longer commits the
Senate to the formal approval of what
has been called the Roosevelt Corollary
to the Monroe Doctrine, the assumption,
namely, that the application of that doc
trine to actual and prospective condi-
tions constrains us logically to interpose
between an American republic and it's
foreign creditors for the purpose of dis
charging the function of debt collector
and customs revenue receiver. The as
sumption involves, of course, the accept
ance of a preceding %postulate, which the
Latin American countries repudiate, that
contractual debts due from an American
republic to foreign creditors are recov-
cradle by force. From n point OF view
the State Department itself might have
found a ratification Of the Dominican
treaty at this time inopportune and in
convenient, for the fundamental postu-
late Just named is one of the questions
that will be discussed at the Pan-Amer-
lean Congress, which is about to meet at
Flo de Janeiro.
Secretary Roof, who will represent the
United States in that congress, is aware
that the spokesman Of Argentina will try
to obtain an Endorsement Of the Calvo
or Drago doctrine manned sometimes
after its original %propounder and some
times after a later conspicuous advo-
cate), which is earnestly upheld by most
Latin American ju%risconsults from Mex
leo to Santiago and from Bogota to
Buenos Ayres. This doctrine holds
that in the case of debts to which,
in their inception, no faint Of crime or
tort attached, but which arose out of
contract, the maxim cdredt emptor is
Justly applicable, and that under such
circumstances the foreign creditors of
an American debtor State must be rele-
gated for their sole remedy to the ~latter's
tribunals. That such RELOCATION NAV
involve some risk Of losing the money
advanced is not denied, but it is pointed
out that the risk is almost always allowed
for by the terms of the contract, under
which the lender eyacts a discount and
a rate of interest which under other
conditions would be exorbitant. 1t is
inequitable, 90 many Latin Americans
contend, that a European creditor, hav-
ing insured himself in advance against
a risk, should he allowed to use his coun-
try's army and navy for the purpose of
eliminating the risk altogether. We are
not now defending the Calvo doctrine,
but simply defining it, and the definition
is timely, because if Argentina, backed
as she will be by many if not most Of her
Latin American sisters, shall have her
way at Rio de ~Janeiro, tho Pan-American
Congress may be persuaded to place
upon the doctrine the seal Of it's approval
and recommend the submission Of it is
the coming conference at The Ha gue.
The practice of nations with regard to
the armed enforcement of %contractual
obligations, as sharply distinguished
from the exaction of damages for insult
or violent injury, has VIGOROUSLY been
inconsistent. For a short time England
and Spain cooperated with France in the
demonstration intended to compel Mex
leo TO pay debts arising gu of contract,
but both of the first named Powers with
drew as soon as the scope Of LOUIS Ma
poLEoN's design was known or guessed.
From that tiulo until a few years ago the
British Government, although quick to
resent any crime or tort, refrained from
compelling by force a weak debtor State
to meet contractual obligations due to
it's subjects, except in the single case Of
Egypt, where the interests Of British
holders of Egyptian bonds were COM
plicated with the grave political neces-
sity Of controlling the short route 70
India. Itd.was therefore a pronounced