CHAPTER VI

THE TWO VENEZUELAN EPISODES

As a result of Blaine's unsuccessful attempt to force Great Britain to

relinquish her rights under the Clayton-Bulwer treaty the Monroe

Doctrine had fallen somewhat into disrepute when in 1895 it was suddenly

revived in a striking and sensational way by President Cleveland's

intervention in the Venezuelan boundary controversy. The dispute between

Great Britain and Venezuela in regard to the boundary line between the

latter and British Guiana was of long standing. In 1814, by treaty with

the Netherlands, Great Britain acquired "the establishments of Demerara,

Essequibo, and Berbice," now known as British Guiana. From that time on

the boundary line between British Guiana and Venezuela was a matter of

dispute. Venezuela always claimed the line of the Essequibo river.

In 1840, Sir Robert Schomburgk, acting under the instructions of the

British government, established a line some distance to the west of the

Essequibo river and marked it by monuments on the face of the country.

Venezuela at once protested. The British government explained that the

line was only tentative and the monuments set up by Schomburgk were

removed.

Various other lines were from time to time claimed by Great Britain,

each one extending the frontier of British Guiana farther and farther to

the west. The _British Colonial Office List_, a government publication,

in the issue for 1885, put the area of British Guiana at about 76,000

square miles. In the issue of the same list for 1886 the same statement

occurs in reference to British Guiana with the change of area to "about

109,000 square miles." Here was a gain of 33,000 square miles without

any statement whatever in explanation of how this additional territory

had been acquired.

After the failure of repeated efforts on the part of Venezuela to secure

an adjustment with England, she finally came to the conclusion in 1882

that the only course open to her was arbitration of the controversy. She

persistently urged arbitration, but Great Britain refused to submit to

arbitration any but a comparatively small part of the territory in

dispute. In 1887 Venezuela suspended diplomatic relations with Great

Britain, protesting "before her British majesty's government, before all

civilized nations, and before the world in general, against the acts of

spoliation committed to her detriment by the government of Great

Britain, which she at no time and on no account will recognize as

capable of altering in the least the rights which she has inherited from

Spain and respecting which she will ever be willing to submit to the

decision of a third power."

After repeated efforts to promote the reestablishment of diplomatic

relations between Venezuela and Great Britain and after repeated offers

of its good offices for the purpose of bringing about an adjustment of

the controversy, President Cleveland finally determined to intervene in

a more positive manner with a view to forcing, if need be, a settlement

of the controversy. This resolution on the part of the American

executive, with a full statement of its views on the general principles

involved in the dispute, was forwarded to Mr. Bayard for transmission to

the British government in Mr. Olney's dispatch of July 20, 1895.[244]

After reviewing the history of the controversy Mr. Olney stated in the

following concise form what he considered the important features of the

situation as it then existed:

1. The title to territory of indefinite but confessedly very

large extent is in dispute between Great Britain on the one

hand and the South American republic of Venezuela on the

other.

2. The disparity in the strength of the claimants is such

that Venezuela can hope to establish her claim only through

peaceful methods--through an agreement with her adversary

either upon the subject itself or upon an arbitration.

3. The controversy, with varying claims on the part of Great

Britain, has existed for more than half a century, during

which period many earnest and persistent efforts of

Venezuela to establish a boundary by agreement have proved

unsuccessful.

4. The futility of the endeavor to obtain a conventional

line being recognized, Venezuela for a quarter of a century

has asked and striven for arbitration.

5. Great Britain, however, has always and continuously

refused to arbitrate, except upon the condition of a

renunciation of a large part of the Venezuelan claim and of

a concession to herself of a large share of the territory in

controversy.

6. By the frequent interposition of its good offices at the

instance of Venezuela, by constantly urging and promoting

the restoration of diplomatic relations between the two

countries, by pressing for arbitration of the disputed

boundary, by offering to act as arbitrator, by expressing

its grave concern whenever new alleged instances of British

aggression upon Venezuelan territory have been brought to

its notice, the government of the United States has made it

clear to Great Britain and to the world that the controversy

is one in which both its honor and its interests are

involved and the continuance of which it cannot regard with

indifference.

The greater part of the dispatch was taken up with a discussion of the

bearing of the Monroe Doctrine upon the case and the most striking

feature of it was that the Monroe Doctrine was appealed to by name. Mr.

Olney's statement of the Monroe Doctrine is worthy of the most careful

consideration as it was the fullest and most definite official

construction of its meaning and scope that had been given to the world.

He said:

That America is in no part open to colonization, though the

proposition was not universally admitted at the time of its

first enunciation, has long been universally conceded. We

are now concerned, therefore, only with that other practical

application of the Monroe Doctrine the disregard of which by

an European power is to be deemed an act of unfriendliness

towards the United States. The precise scope and limitations

of this rule cannot be too clearly apprehended. It does not

establish any general protectorate by the United States over

other American states. It does not relieve any American

state from its obligations as fixed by international law,

nor prevent any European power directly interested from

enforcing such obligations or from inflicting merited

punishment for the breach of them. It does not contemplate

any interference in the internal affairs of any American

state or in the relations between it and other American

states. It does not justify any attempt on our part to

change the established form of government of any American

state or to prevent the people of such state from altering

that form according to their own will and pleasure. The

rule in question has but a single purpose and object. It is

that no European power or combination of European powers

shall forcibly deprive an American state of the right and

power of self-government and of shaping for itself its own

political fortunes and destinies.

Lord Salisbury's reply to Mr. Olney was given in two dispatches of the

same date, November 26, 1895, the one devoted to a discussion of the

Monroe Doctrine, the other to a discussion of the rights of the

controversy as between Great Britain and Venezuela. In the first

dispatch Lord Salisbury argued that Mr. Olney's views went far beyond

the scope of the Monroe Doctrine, that no attempt at colonization was

being made, and that no political system was being imposed upon any

state of South America. He also denied that the Monroe Doctrine was a

part of international law, since it had not received the consent of

other nations, and he utterly repudiated Mr. Olney's principle that

"American questions are for American discussion."

In the second dispatch of the same date Lord Salisbury enters fully into

the rights of the controversy between Great Britain and Venezuela,

controverting the arguments of the earlier part of Mr. Olney's dispatch,

which he characterizes as _ex parte_.

In view of the very positive character of Mr. Olney's dispatch and of

the assertion that the honor and interests of the United States were

concerned, the refusal of Great Britain to arbitrate placed the

relations of the two countries in a very critical position. The American

executive, however, had intervened for the purpose of settling the

controversy, peaceably if possible, forcibly if need be, and President

Cleveland did not now shrink from the logic of events. In a message to

Congress, December 17, 1895,[245] he laid before that body Mr. Olney's

dispatch of July 20, together with Lord Salisbury's reply. He not only

reaffirmed the soundness of the Monroe Doctrine and its application to

the case in question, but claimed for that principle of American

diplomacy a place in the code of international law.

In regard to the applicability of the Monroe Doctrine to the Venezuelan

boundary dispute Mr. Cleveland declared:

If a European power by an extension of its boundaries takes

possession of the territory of one of our neighboring

republics against its will and in derogation of its rights,

it is difficult to see why to that extent such European

power does not thereby attempt to extend its system of

government to that portion of this continent which is thus

taken. This is the precise action which President Monroe

declared to be "dangerous to our peace and safety," and it

can make no difference whether the European system is

extended by an advance of frontier or otherwise.

In regard to the right of the United States to demand the observance of

this principle by other nations, Mr. Cleveland said:

Practically the principle for which we contend has peculiar,

if not exclusive, relation to the United States. It may not

have been admitted in so many words to the code of

international law, but since in international councils every

nation is entitled to the rights belonging to it, if the

enforcement of the Monroe Doctrine is something we may

justly claim, it has its place in the code of international

law as certainly and as securely as if it were specifically

mentioned; and when the United States is a suitor before the

high tribunal that administers international law the

question to be determined is whether or not we present

claims which the justice of that code of law can find to be

right and valid. The Monroe Doctrine finds its recognition

in those principles of international law which are based

upon the theory that every nation shall have its rights

protected and its just claims enforced.

Mr. Cleveland concluded that the dispute had reached such a stage as to

make it incumbent upon the United States to take measures to determine

with sufficient certainty for its justification what was the true

divisional line between the republic of Venezuela and British Guiana. He

therefore recommended that Congress make an appropriation for the

expenses of a commission, to be appointed by the executive, which should

make the necessary investigations and report upon the matter with the

least possible delay. "When such report is made and accepted," he

continued, "it will, in my opinion, be the duty of the United States to

resist by every means in its power, as a willful aggression upon its

rights and interests, the appropriation by Great Britain of any lands or

the exercise of governmental jurisdiction over any territory which after

investigation we have determined of right belongs to Venezuela." "In

making these recommendations," he added, "I am fully alive to the

responsibility incurred and keenly realize all the consequences that may

follow."

The publication of this message and the accompanying dispatches created

the greatest excitement both in the United States and in England, and

called forth the severest criticism of the President's course.

The main grounds of this criticism were the contentions:

(1) That the Monroe Doctrine was not a part of international law and

therefore its observance as such could not be urged upon other nations.

(2) That it was not even an established principle of American diplomacy,

since the original declaration was merely a protest against apprehended

aggression on the part of a combination of European powers which had

long since ceased to threaten this continent.

(3) That even granting that the Monroe Doctrine was a declaration of

American policy, it was merely a policy and imposed no obligation on the

government to enforce it except where our interests were directly

concerned.

(4) That the occupation of a few thousand acres of uninhabited territory

by Great Britain, even if it did rightfully belong to Venezuela, was not

a matter that affected the interests of the United States one way or the

other or that threatened the permanence or stability of American

institutions.

(5) That granting the wisdom and correctness of the President's

position, the language of his message and of Mr. Olney's dispatch was

indiscreet at best and unnecessarily offensive to British pride.

It may be well to consider these objections in detail. In regard to the

first point it may be said that neither President Cleveland nor Mr.

Olney asserted or maintained that the Monroe Doctrine was a part of

international law by virtue of its assertion by President Monroe and

succeeding presidents. The position they took was that the Monroe

Doctrine was an American statement of a well recognized principle of

international law, viz., the right of a state to intervene in a

controversy between other states, when it deems its own interests

threatened. Mr. Cleveland declared: "The Monroe Doctrine finds its

recognition in those principles of international law which are based

upon the theory that every nation shall have its rights protected and

its just claims enforced." Mr. Olney's analysis of the doctrine was

clearer and more specific. He said: "That there are circumstances under

which a nation may justly intervene in a controversy to which two or

more other nations are the direct and immediate parties is an admitted

canon of international law." After discussing the general principle of

intervention, he adds: "We are concerned at this time, however, not so

much with the general rule as with a form of it which is peculiarly and

distinctively American."[246]

In answer to the second objection it is only necessary to refer to

accepted works on public law and to the official correspondence of the

state department to show that the Monroe Doctrine had for three-quarters

of a century been the cardinal principle of American diplomacy.[247]

The third point, namely as to the expediency of enforcing the Monroe

Doctrine in all cases of European aggression on this continent, raises

an important question. If, however, the Monroe Doctrine is a wise

principle and one which it is our interest to maintain, it is right that

it should be asserted on every occasion of its violation. The force of

precedent is so great that in the present state of international law,

it would be dangerous to do otherwise.

In the fourth place while it was perfectly true that the occupation of

the disputed territory by Great Britain could not in itself conceivably

endanger the peace and integrity of the United States, yet as the open

violation of a principle upon which we had laid so much stress we could

not in honor and dignity have overlooked it.

As to the tone of Mr. Olney's dispatch and of Mr. Cleveland's message,

it must be acknowledged that while the positions assumed were in the

main correct, the language was in some cases unfortunate, either from

vagueness or generalization. Thus Mr. Olney's statement, that "3,000

miles of intervening ocean make any permanent political union between a

European and an American state unnatural and inexpedient,"--whatever he

may have meant by it--appears in view of Great Britain's connection with

Canada, to have been both untrue and calculated to give offense.

Likewise Mr. Cleveland's reference to "the high tribunal that

administers international law" was too rhetorical a figure for a state

paper.

It has, indeed, been suggested that President Cleveland and Mr. Olney

deliberately undertook to play a bluff game in order to browbeat the

British government. In any case, it should be remembered that the test

of a diplomatic move is its success, and judged from this standpoint Mr.

Cleveland's Venezuelan policy was vindicated by the results. The British

government at once adopted the most friendly attitude and placed

valuable information in its archives at the disposal of the

commissioners appointed by President Cleveland to determine the true

boundary line. On November 12, 1896, before the final report of this

commission was made, a complete accord was reached between Great Britain

and the United States by which the terms of a treaty to be ratified by

Great Britain and Venezuela were agreed on, the provisions of which

embraced a full arbitration of the whole controversy. Lord Salisbury's

sudden change of front has been the subject of much interesting

speculation. How far he was influenced by the South African situation

has never been revealed, but it undoubtedly had its effect. President

Cleveland's message was sent to Congress December 17. Before the end of

the month came Dr. Jameson's raid into the Transvaal, and on the 3rd of

January the German Kaiser sent his famous telegram to Paul Kruger. The

attention of England was thus diverted from America to Germany, and Lord

Salisbury doubtless thought it prudent to avoid a rupture with the

United States in order to be free to deal with the situation in South

Africa.

The Anglo-Venezuelan treaty provided that an arbitral tribunal should be

immediately appointed to determine the true boundary line between

Venezuela and British Guiana. This tribunal was to consist of two

members nominated by the judges of the Supreme Court of the United

States and two members nominated by the British Supreme Court of Justice

and of a fifth selected by the four persons so nominated, or in the

event of their failure to agree within three months of their

appointment, selected by the king of Sweden and Norway. The person so

selected was to be president of the tribunal, and it was expressly

stipulated that the persons nominated by the Supreme Court of the

United States and England respectively might be members of said courts.

Certain general rules were also laid down for the guidance of the

tribunal.[248]

A treaty embodying substantially these proposals was signed by the

British and Venezuelan representatives at Washington, February 2, 1897.

The decision of the tribunal which met in Paris gave a large part of the

disputed area to Great Britain and this occasioned further criticism of

President Cleveland's action in bringing the United States and England

to the verge of war on what was termed an academic issue. The award was

a matter of secondary importance. The principle for which the United

States contended was vindicated when Great Britain agreed to arbitrate.

It was a great triumph of American diplomacy to force Great Britain just

at this time to recognize in fact, if not in words, the Monroe Doctrine,

for it was not long before Germany showed a disposition to question that

principle of American policy, and the fact that we had upheld it against

England made it easier to deal with Germany.

The attention of Europe and America was drawn to Venezuela a second time

in 1902 when Germany made a carefully planned and determined effort to

test out the Monroe Doctrine and see whether we would fight for it. In

that year Germany, England, and Italy made a naval demonstration against

Venezuela for the purpose of forcing her to recognize the validity of

certain claims of their subjects which she had persistently refused to

settle. How England was led into the trap is still a mystery, but the

Kaiser thought that he had her thoroughly committed and that if she

once started in with him she could not turn against him. But he had

evidently not profited by the experience of Napoleon III in Mexico forty

years earlier under very similar circumstances.

In the case of Germany, though the facts were somewhat obscured, the

real purpose of the intervention was to collect claims which originated

in contract between German subjects and the government of Venezuela. One

claim was for the recovery of interest seven years in arrears on five

per cent. bonds, for which Venezuelan customs were pledged as security.

Another was for seven per cent. dividends guaranteed by the Venezuelan

government on the capital stock of a railroad built by German subjects

at a cost of nearly $20,000,000. There were still other claims amounting

to about $400,000 for forced loans and military requisitions.[249]

These claims were brought to the attention of the United States

government by the German ambassador on December 11, 1901. Their dubious

character, regarded from the standpoint of international law, led

Germany to make what purported to be a frank avowal of her intentions to

the United States, and to secure for her action the acquiescence of that

government. Her ambassador declared that the German government had "no

purpose or intention to make even the smallest acquisition of territory

on the South American continent or the islands adjacent." This

precaution was taken in order to prevent a subsequent assertion of the

Monroe Doctrine. In conclusion the German ambassador stated that his

government had decided to "ask the Venezuelan government to make a

declaration immediately, that it recognizes in principle the correctness

of these demands, and is willing to accept the decision of a mixed

commission, with the object of having them determined and assured in all

their details." At the same time the British government demanded a

settlement of claims for the destruction of property and for the

ill-treatment and imprisonment of British subjects in the recent civil

wars, as well as a settlement of the foreign debt.

On December 16, 1901, Mr. Hay replied to the German note, thanking the

German government for its voluntary and frank declaration, and stating

that he did not consider it necessary to discuss the claims in question;

but he called attention to the following reference to the Monroe

Doctrine in President Roosevelt's message of December 3, 1901:

This doctrine has nothing to do with the commercial

relations of any American power, save that it in truth

allows each of them to form such as it desires. In other

words, it is really a guarantee of the commercial

independence of the Americas. We do not ask under this

doctrine for any exclusive commercial dealings with any

other American state. We do not guarantee any state against

punishment if it misconducts itself, provided that

punishment does not take the form of the acquisition of

territory by any non-American power.

A year later, after fruitless negotiations, the German government

announced to the United States that it proposed, in conjunction with

Great Britain and Italy, to establish a pacific blockade of Venezuelan

harbors. The United States replied that it did not recognize a pacific

blockade which adversely affected the rights of third parties as a

valid proceeding. The powers then proposed to establish a "warlike

blockade," but "without any declaration of war." This device was

resorted to at the suggestion of the German government, in order to

avoid a formal declaration of war, which could not be made without the

consent of the Bundesrath. Meanwhile, Venezuela's gunboats had been

seized and her ports blockaded, acts which Mr. Balfour admitted on the

floor of the House of Commons constituted a state of war; and on

December 20 a formal blockade was announced in accordance with the law

of nations, which created a status of belligerency.[250]

The hostilities thus commenced were brought to a close by the diplomatic

intervention of the United States. Acting under instructions from

Washington, the American minister Herbert W. Bowen succeeded in

persuading Venezuela to recognize in principle the claims of the foreign

powers and to refer them to mixed commissions for the purpose of

determining the amounts.[251] Great Britain and Italy agreed to this

arrangement, but the German Kaiser remained for a time obdurate. What

followed Germany's refusal to arbitrate is described in Thayer's "Life

and Letters of John Hay" in the following words:

One day, when the crisis was at its height, [President

Roosevelt] summoned to the White House Dr. Holleben, the

German Ambassador, and told him that unless Germany

consented to arbitrate, the American squadron under Admiral

Dewey would be given orders, by noon ten days later, to

proceed to the Venezuelan coast and prevent any taking

possession of Venezuelan territory. Dr. Holleben began to

protest that his Imperial master, having once refused to

arbitrate, could not change his mind. The President said

that he was not arguing the question, because arguments had

already been gone over until no useful purpose would be

served by repeating them; he was simply giving information

which the Ambassador might think it important to transmit to

Berlin. A week passed in silence. Then Dr. Holleben again

called on the President, but said nothing of the Venezuelan

matter. When he rose to go, the President asked him about

it, and when he stated that he had received nothing from his

government, the President informed him in substance that, in

view of this fact, Admiral Dewey would be instructed to sail

a day earlier than the day he, the President, had originally

mentioned. Much perturbed, the Ambassador protested; the

President informed him that not a stroke of a pen had been

put on paper; that if the Emperor would agree to arbitrate,

he, the President, would heartily praise him for such

action, and would treat it as taken on German initiative;

but that within forty-eight hours there must be an offer to

arbitrate or Dewey would sail with the orders indicated.

Within thirty-six hours Dr. Holleben returned to the White

House and announced to President Roosevelt that a dispatch

had just come from Berlin, saying that the Kaiser would

arbitrate. Neither Admiral Dewey (who with an American fleet

was then manoeuvering in the West Indies) nor any one else

knew of the step that was to be taken; the naval authorities

were merely required to be in readiness, but were not told

what for.

On the announcement that Germany had consented to arbitrate,

the President publicly complimented the Kaiser on being so

stanch an advocate of arbitration. The humor of this was

probably relished more in the White House than in the Palace

at Berlin.[252]

The Holleben incident, as narrated for the first time by Thayer, was

immediately called in question. It will be noted that Thayer does not

in any way quote Hay in the matter, and in the three volumes of "Diaries

and Letters" of John Hay, privately printed by Mrs. Hay in 1908, there

is no reference of any kind to the incident. It is evident that Thayer

got his report of the interview directly from Roosevelt himself. It is

said on good authority that while Colonel Roosevelt had no documentary

evidence to support his statements at the time that he gave them to

Thayer, such evidence came to hand in an interesting way shortly after

the appearance of the book. Two German-Americans who had been intimate

friends of Holleben promptly wrote to Colonel Roosevelt protesting, not

against the facts as stated, but against the use that was made of them.

Both correspondents stated that they had been told of the interview at

the time by Holleben. Admiral Dewey confirmed the statement as to the

preparedness of the fleet in a letter dated May 23, 1916, which was

published four days later in the New York _Times_. In it he said:

I was at Culebra, Porto Rico, at the time in command of a

fleet consisting of over fifty ships, including every

battleship and every torpedo-boat we had, with orders from

Washington to hold the fleet in hand and be ready to move at

a moment's notice. Fortunately, however, the whole matter

was amicably adjusted and there was no need for action.

In a speech delivered to several thousand Republican "Pilgrims" at

Oyster Bay, May 27, Colonel Roosevelt made the following interesting

comments on Dewey's letter:

Just today I was very glad to see published in the papers

the letter of Admiral Dewey describing an incident that

took place while I was President. When we were menaced with

trouble I acted up to my theory that the proper way of

handling international relations was by speaking softly and

carrying a big stick. And in that particular case Dewey and

the American fleet represented the big stick. I asked, on

behalf of the nation, the things to which we were entitled.

I was as courteous as possible. I not only acted with

justice, but with courtesy toward them. I put every

battleship and every torpedo-boat on the sea under the

American flag and Dewey, with instructions to hold himself

ready in entire preparedness to sail at a moment's notice.

That didn't mean that we were to have war. Dewey was the

greatest possible provocative of peace.[253]

After the agreement to arbitrate had been made, the situation was

further complicated by the demands of the blockading powers that the

sums ascertained by the mixed commissions to be due them should be paid

in full before anything was paid upon the claims of the peace powers.

Venezuela insisted that all her creditors should be treated alike. The

Kaiser, from what motives it is not quite clear, suggested that this

question should be referred to President Roosevelt, but as the United

States was an interested party, Secretary Hay did not think it would be

proper for the President to act, and it was finally agreed that the

demands for preferential treatment should be submitted to the Hague

Court.

During the summer of 1903 ten mixed commissions sat at Caracas to

adjudicate upon the claims of as many nations against Venezuela. These

commissions simply determined the amount of the claims in each case. The

awards of these commissions are very instructive, as they show the

injustice of resorting to measures of coercion for the collection of

pecuniary claims which have not been submitted to arbitration. Belgian

claimants demanded 14,921,805 bolivars and were awarded 10,898,643;

British claimants demanded 14,743,572 and were awarded 9,401,267; German

claimants demanded 7,376,685 and were awarded 2,091,908; Italian

claimants demanded 39,844,258 and were awarded 2,975,906; Spanish

claimants demanded 5,307,626 and were awarded 1,974,818; United States

claimants demanded 81,410,952 and were awarded 2,313,711.[254]

The decision of the Hague Court, which was rendered February 22, 1904,

held that the three allied powers were entitled to preferential

treatment; that Venezuela had recognized in principle the justice of

their claims while she had not recognized in principle the justice of

the claims of the pacific powers; that the neutral powers had profited

to some extent by the operations of the allies, and that their rights

remained for the future absolutely intact.[255] This decision, emanating

from a peace court, and indorsing the principle of armed coercion, was

received with no small degree of criticism.

During the discussions on the Venezuelan situation that took place in

Parliament in December, 1902, the members of the government repeatedly

repudiated the charge of the opposition that they were engaged in a

debt-collecting expedition, and tried to make it appear that they were

protecting the lives and liberties of British subjects. Lord Cranborne

declared:

I can frankly tell the House that it is not the claims of

the bondholders that bulk largest in the estimation of the

government. I do not believe the government would ever have

taken the strong measures to which they have been driven if

it had not been for the attacks by Venezuela upon the lives,

the liberty, and the property of British subjects.

During the same discussion, Mr. Norman said:

This idea of the British fleet being employed to collect the

debts of foreign bondholders is assuredly a mistaken one. It

was said by Wellington once that the British army did not

exist for the purpose of collecting certain debts. It is

still more true of the British fleet that it does not exist

for the purpose of collecting debts of bondholders. People

who lend money to South American republics know what the

security is and what they are likely to get in return, and

they ought not to have the British fleet at their backs.

To this Mr. Balfour, the prime minister, replied:

I do not deny--in fact, I freely admit--that bondholders may

occupy an international position which may require

international action; but I look upon such international

action with the gravest doubt and suspicion, and I doubt

whether we have in the past ever gone to war for the

bondholders, for those of our countrymen who have lent money

to a foreign government; and I confess that I should be very

sorry to see that made a practice in this country.

Against President Roosevelt's contention that the coercion of an

American state was not contrary to the Monroe Doctrine, provided that it

did "not take the form of acquisition of territory by any non-American

power," Signor Drago, Minister of Foreign Relations of the Argentine

Republic, vigorously protested in a note dated December 29, 1902.[256]

This note contained a restatement of the "Calvo doctrine," which takes

its name from a celebrated Argentine publicist. In his well-known book

on international law, Calvo contends that a state has no right to resort

to armed intervention for the purpose of collecting the private claims

of its citizens against another state. This doctrine, which has received

the indorsement of most of the Latin-American states, was applied to

public bonds in the note above referred to and is now usually known as

the "Drago doctrine." Signor Drago held, first, "that the capitalist who

lends his money to a foreign state always takes into account the

resources of the country and the probability, greater or less, that the

obligations contracted will be fulfilled without delay. All governments

thus enjoy different credit according to their degree of civilization

and culture, and their conduct in business transactions," and these

conditions are measured before making loans. Second, a fundamental

principle of international law is the entity and equality of all states.

Both the acknowledgment of the debt and the payment must be left to the

nation concerned "without diminution of its inherent rights as a

sovereign entity."

He said further:

As these are the sentiments of justice, loyalty, and honor

which animate the Argentine people and have always inspired

its policy, your excellency will understand that it has felt

alarm at the knowledge that the failure of Venezuela to meet

the payment of its public debt is given as one of the

determining causes of the capture of its fleet, the

bombardment of one of its ports and the establishment of a

rigorous blockade along its shores. If such proceedings were

to be definitely adopted they would establish a precedent

dangerous to the security and the peace of the nations of

this part of America. The collection of loans by military

means implies territorial occupation to make them effective,

and territorial occupation signifies a suppression or

subordination of the governments of the countries on which

it is imposed.

The doctrine so ably expounded by Dr. Drago attracted much attention

during the next few years and was given a place on the program of the

Third Pan American Conference held at Rio de Janeiro in July, 1906. Dr.

Drago had made his proposal as "a statement of policy" for the states of

the American continents to adopt. After full discussion the Rio

Conference decided to recommend to the governments represented "that

they consider the point of inviting the Second Peace Conference at The

Hague to consider the question of the compulsory collection of public

debts; and, in general, means tending to diminish between nations

conflicts having an exclusively pecuniary origin."[257]

As a result of this action the United States modified the regular

program prepared by Russia for the Second Hague Conference by reserving

the right to introduce the question of an "agreement to observe certain

limitations in the use of force in collecting public debts accruing from

contracts." General Horace Porter presented to The Hague Conference a

resolution providing that the use of force for the collection of

contract debts should not be permitted until the justice of the claim

and the amount of the debt should have been determined by arbitration. A

large number of reservations were introduced, but the following

resolutions were finally adopted by the votes of thirty-nine states,

with five states abstaining from voting:

The contracting powers agree not to have recourse to armed

force for the recovery of contract debts claimed from the

government of one country by the government of another

country as being due to its nationals.

This undertaking is, however, not applicable when the debtor

state refuses or neglects to reply to an offer of

arbitration, or, after accepting the offer, prevents any

"compromis" from being agreed on, or, after the arbitration,

fails to submit to the award.[258]

FOOTNOTES:

[244] For. Rel., 1895-96, Part I, p. 552.

[245] "Messages and Papers of the Presidents," Vol. IX, p. 655.

[246] Olney to Bayard, July 20, 1895.

[247] Moore's "Digest of Int. Law," Vol. VI, pp. 368-604, especially Mr.

Fish's Report on Relations with the Spanish-American Republics of July

14, 1870, pp. 429-431.

[248] Foreign Relations, 1896, p. 254.

[249] Foreign Relations, 1901, p. 193; 1903, p. 429.

[250] Foreign Relations, 1903, pp. 419, 454; Moore, "Digest of Int.

Law," Vol. VII. p. 140.

[251] Moore, "Digest of Int. Law," Vol. VI, p. 590.

[252] Thayer, "Life and Letters of John Hay," Vol. II, pp. 286-288.

[253] Washington _Post_, May 28, 1916.

[254] Venezuelan Arbitrations of 1903 (Sen. Doc. No. 316, Fifty-eighth

Cong., Second Sess.); Foreign Relations, 1904, p. 871.

[255] Foreign Relations, 1904, p. 506. For a full report of the case see

Sen. Doc. No. 119, Fifty-eighth Cong., Third Sess.

[256] Foreign Relations, 1903, p. 1.

[257] _Am. Journal of Int. Law_, Vol. II, p. 78.

[258] _Am. Journal of Int. Law_, Vol. II, Supplement, p. 82.

The United States and Latin America · 第 6 / 9 章