New-York tribune., 1907-07-22
THE TINE FOR ConPULSIoN.

THE TINE FOR COMPULSI0N-
The Drago doctrine could have no more au-
thortative expounder than the distinguished
1urist whose name ii bears and we must there
fore accept his exposition and championship OF
It at The Hague on Thursday as thus far deIn-
itive. In that view of the case it is interesting
TO observe that it raises anew the much debated
questions whether it is ever right TO use force
IN international affairs. and, if 80, at what time
Dr. Drago holds that force should not be used
for the collection of pecuniary claims which
have not been adjudicated. Thus far we heart
lily agree with him. and to that extent as ap-
peared a few days ago, his doctrine has been
most powerfully supported by the American
delegation at The Hague. We quite Will
ing, further, to subscribe to the well estab-
lished American principle that it is optional
with a government whether it will undertake
the collection of even the best established and
proved claim, either by force or through dip
lomatIc processes; and we may also concede
that IN general it is not desirable to use force
for the collection of contract claims, no matter
how just they may be. But we must hesitate
to subscribe to DR.. Drago's extreme cOnten-
ton, that force must never be used even for
the exaction Of compliance with arbitral de-
cisons.
Appeal is made to the analogy Of private
debtors. Imprisonment of men for debt has
been abolished, and therefore, argues DR..
Drago, coercion Of debtor nations should also be
abolished and there should be no more debt
collecting through occupation and blockade. The
analogy seems to US to be against rather than
for DR.. Drago's theory Imprisonment Of debt
Ors IS indeed abolished, and so we should be
glad TO see anything like the actual conquest
seizure or spollation Of debtor nations abol-
ished We are quite sure such things will not
be practised any more wherever the United
States has anything to say about it But the
private debtor Is by no means exempt from
the operations OF force If he has no means Of
paying he may go free, provided he was not
guilty Of fraud in contracting the debts But if
he has the means, and contumaciously refuses
To satisfy the judgment Of the court, the sheriff
forcibly seiZes enough Of his property to pay
the claims or places an attachment upon his
property restraining him from enjoyment Of
It until he has paid them. It seems to us that
an analogy with that would provide for the
occupation and blockade of Il country which
was a contumaclous debtor, and for the seques-
tration OF its customs income until the adjud-
Gated claims We're satisfied.
1t was further argued by another OF the speak
ers who supported DR.. Dragos side Of the case
that arbitration of international disputes, in
Guiding pecuniary claims, should be made com
pusOTy; and yet compliance with arbitral de-
crees should not be compulsory. That is to say
a nation IS TO be compelled to 20 into court
whether it wishes 10 do SO or not yet having
done so, it IS under no compulsion whatever
10 obey the decree of the court, but may re-
pudiate it with impunty. That it seems to us
would make arbitration ridiculous \ court
whose DEGREES are Incapable Of enforcement -
law whose execution is impossible, Is an object
of contempt The rational order Of affairs is
precisely the reverse Of that thus proposed We
would give to nations a very liberal freedom
Of choice about entering into arbitration, but
we would make it absolutely incumbent upon
every one who did enter it to abide Loyalty by
the result. Compulsion should be exercised not
to drag nations into court but TO make them
obey the decisions Of the court
Mention has hitherto been made of the specific
case Of Venezuela In refusing to pay an ar
btral award and ut the same tlpe asking that
the use Of force 10 compel such payment shall
be prohibited. 1t is explained that Venezuela
thinks that the arbitrators in their decision
went further than the proper limitations of the
case, and wants. therefore TO have the correct
ness of their arbitration arbltrated But where
is such a process to stop? VIII there or would
there presently be another demand for third
arbitration to determine the correctness of the
second, and then a fourth to pass upon the
third? We have seen right here in this state
and city Of New York enough OF the laws de-
lays to incline us strongly against any ex-
tension of such processes into the more deli
cate and important domain Of international af-
fairs. The reference Of disputes to the tribunal
at The Hague was acclaimed as the final tri-
umph Of right and reason. Surely then the
decisions of that tribunal should be respected
1t is poor proof Of respect for court to flout
and repudate its decision and to demand that
the justice Of it be referred to fresh arbitra-
ton.
The sanctiOning Of such playing fast and loose
with arbitral decisions would we believe i'm
pair respect for arbitraI tribunals and deprive
their DEGREES OF authority. 1t would do more
than that. It would encourage lOoSeness of in
ternational habits and the inclination to Iitig-
iousness, and would distinctly demoralize in
ternational relationships. What is needed Is
for nations TO be more circumspect in their
dealings with each other, more careful to avoid
causes Of offence or Of controversy, more scru-
pulOus IN fulfilling their obligations and more
loyal in complying with the DEGREES Of those
tribunals to which they voluntarily submit
their interests.