Skip to main content

Demystifying Alexander Nahum Sack and the doctrine of odious debt

Eric Tousaint’s study of the odious debt doctrine

by Eric Toussaint

Part 8 - Three waves of public-debt repudiations in the USA during the 19th century

In the 1830s, four of the United States repudiated their debts – Mississippi, Arkansas, Florida and Michigan. The creditors were mainly British. Sack writes in this regard: “One of the main reasons justifying these repudiations was the squandering of the sums borrowed: they were usually borrowed to establish banks or build railways; but the banks failed and the railway lines were never built. These questionable operations were often the result of agreements between crooked members of the government and dishonest creditors.” (p. 158).

Creditors who attempted to prosecute the States that had repudiated their debts in a US federal court had their suits thrown out. To justify its rejection of the actions, the Federal justice system used the Eleventh Amendment to the Constitution of the USA, which stipulates that “The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

Consequently this unilateral act of repudiation was a success. Sack does not mention this decision of the Federal courts, probably because it would have weakened his argument that private creditors should be able to win litigation against a State which does not repay its debts. The justifications for the repudiation were improper use of the borrowed funds and the dishonesty of both the borrowers and the lenders, and Sack correctly sums up this point. There is no mention of any despotic regime.

Following the American Civil War (1861-1865), the Federal government required the Confederate States to repudiate the debts they had contracted in order to carry on the war. That is one purpose of the Fourteenth Amendment to the US Constitution, which stipulates that “[…] neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States”.

The creditors had purchased securities issued by European bankers on behalf of the Confederate States, mainly in London and Paris. The justification for the repudiation was that the loans had served to finance the rebellion of the Southern States, united against the USA in the Confederacy. The issue was not whether the Confederate regime was or was not despotic in nature. It was the purpose of the loans, and above all the fact that they had been contracted by rebel forces, that was cited as justification.

A third wave of repudiations took place in the USA after 1877. Eight Southern States repudiated their debts on the grounds that the bonds issued during the period between the end of the American Civil War and 1877 had been used for illicit loans to corrupt politicians (including former slaves) who were supported by the Northern States. This repudiation was thus decided upon by racist government officials (generally members of the Democrat party) who had returned to power in the South after the withdrawal of the federal troops who occupied the South until 1877. Sack does not mention this repudiation.

Source and references:


[1] [2] [3] [4] [5] [6] [7] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20]

Comments

Popular posts from this blog

The wounded US imperialist beast becomes more dangerous than ever as desperately seeks to start a WWIII

globinfo freexchange   It seems that the declining Western superpower is losing ground and tries hardly to avoid the inevitable.    The US imperialist beast, despite all the destruction that causes, is failing to fulfill its utter objectives. Which in short, are the dissolution of Russia and China, looting their vast resources, as well as the full expansion of the destructive neoliberal model throughout these areas and other countries allied with the Sino-Russian bloc.   Most importantly, the wounded beast is loosing much of its strength due to the rapid de-dollarization that has started approximately ten years ago, as dollar had become the front line of the US imperialist sweeping force since the early 70s.   As if nothing has changed, the beast insists on using the same tools to prevail in the global geopolitical field, ignoring the unprecedented changes and complexities under current circumstances.    In a move (as it seems) of desperation, the United States House of Representative

Atlanta Police Violently Arrest Emory Students & Faculty to Clear Gaza Solidarity Encampment

Democracy Now!   As a wave of student protests against Israel’s war on Gaza continues to spread from coast to coast, schools and law enforcement have responded with increasing brutality to campus encampments.    One of the most violent police crackdowns took place at Emory University in Atlanta on Thursday, when local and state police swept onto the campus just hours after students had set up tents on the quad in protest against Israel’s war on Gaza as well as the planned police training center known as Cop City.    Police used tear gas and stun guns to break up the encampment as they wrestled people to the ground, and are accused of using rubber bullets. Among those arrested were a few faculty members.    Democracy Now! spoke with two of the arrested professors: Noëlle McAfee, chair of the philosophy department, and Emil’ Keme, professor of English and Indigenous studies. Also with Palestinian American organizer and medical student Umaymah Mohammad, who describes how Emory has repeat

Indiana University Brings In SNIPERS & Then LIES About It

Katie Halper   Katie Halper talks to Aidan Khamis and Bryce Greene, who was arrested at Indiana University where snipers have been brought in. Bryce Greene is a student, writer, organizer and media critic based in Indianapolis. He is a contributor to Fairness and Accuracy In Reporting. He was arrested and banned from Indiana University's campus for participating in the Gaza solidarity encampment at Indiana University. Aidan Khamis is an organizer for Palestine Solidarity Committee IU and IU divestment coalition.  

"Student Intifada": Stanford, University of Michigan, Indiana University, & more

The Real News Network   Seven months into Israel’s genocidal war on Gaza, a student-led grassroots movement is spreading across the US and beyond, hearkening back to the student protests of the ‘60s that played a pivotal role in ending the US war in Vietnam.    In what is being called the “student intifada,” with over 100 encampments going up at different college and university campuses, students, faculty, grad students, and other campus community members are exercising civil disobedience, occupying space on campuses, defying brutal repression from administrators and police, combatting skewed and wildly lopsided narratives in corporate media, and pressuring their universities to “disclose and divest” their investments in companies and financial institutions connected to Israel.    TRNN speaks with encampment organizers/participants from the University of Michigan, the Indiana University, and Stanford University, and gets updates from encampments from New York to California. 

Yanis Varoufakis Banned from Germany as Berlin Police Raid & Shut Down Palestinian Conference

Democracy Now!   As Germany intensifies its crackdown on pro-Palestinian voices, Democracy Now! spoke with Greek economist and politician Yanis Varoufakis, one of the planned speakers at a conference in Berlin last weekend that was forcibly shut down by police. The Palestine Congress was scheduled to be held for three days, but police stormed the venue as the first panelist spoke.    Germany's Interior Ministry had also banned some conference speakers from even entering the country, including Varoufakis, the Palestinian British surgeon Ghassan Abu-Sittah and the Palestinian researcher Salman Abu Sitta.    " This is not about protecting Jewish lives and Jews from antisemitism. It's all about protecting the right of Israel to commit any war crime of its choice, " says Varoufakis.    Varoufakis speaks also about freeing Julian Assange and his new book Technofeudalism .      Related: Germany again on a dark path towards fascism

Pro-Palestinian Campus Encampments Spread Nationwide Amid Mass Arrests at Columbia, NYU & Yale

Democracy Now!   Palestinian solidarity protests and encampments are appearing on college campuses from Massachusetts to California to protest Israel's attacks on Gaza and to call for divestment from Israeli apartheid. This week, police have raided encampments and arrested students at Yale and New York University.    Palestinian American scholar and New York University professor Helga Tawil-Souri describes forming a faculty buffer to protect students, negotiating with police, and the ensuing crackdown that led to over 100 arrests Monday night.    Uptown in New York City, the encampment at Columbia University is entering its seventh day despite mass arrests of protesters last week. "In my opinion, the NYPD were called in under false pretenses by the president of the university," says Joseph Slaughter, professor at Columbia University. "The university is being run as a sort of ad-hocracy at this point, the senior administration making up policies and procedures and pro

'Make no mistake, the full-scale assault on Rafah would be a human catastrophe': Guterres

Al Jazeera English   United Nations Secretary-General Antonio Guterres has appealed for an end to the bloodshed in Gaza. He says the Middle East is at risk of explosion if the fighting continues. In his speech, Guterres urged Israel’s allies to press its leadership to stop the war on Gaza.  “ I appeal to all those with influence over Israel to do everything in their power to help avert even more tragedy. The international community has a shared responsibility to promote a humanitarian ceasefire, the unconditional release of all hostages, and a massive surge in life-saving aid, ” he said. “ It is time for the parties to seize the opportunity and secure a deal for the sake of their own people. ”

Day 1846: Julian Assange still in prison and under slow-motion execution by the Anglo-American imperialist criminals

failed evolution   On 11 April 2019, the Ecuadorian government of traitor Lenin Moreno, invited the Metropolitan Police into the Ecuadorian embassy in London, and they arrested Julian Assange . Since then, Assange is kept in Belmarsh high security prison in London, without actual charges.   The real reason world's number one political prisoner is still kept in this high security prison, is because he exposed horrendous war crimes carried out by the US imperialists and their allies.   The ruthless Western imperialist regime wants to punish the No1 real journalist in the world and make him an example for any Whistleblower or real journalist who will attempt to expose its big crimes in the future.   And the Anglo-American axis has now become officially a fascist coalition , framed by the rest of its Western pets. UK's Home Secretary Priti Patel, one of the most ruthless ever, decided to extradite Julian Assange to US. No surprise of course. The only question we had in mind is

Biden PANICS Over Israel's Genocide

Owen Jones   Biden's latest move tells us one thing: they're panicking. 

Day 1859: Julian Assange still in prison and under slow-motion execution by the Anglo-American imperialist criminals

failed evolution   On 11 April 2019, the Ecuadorian government of traitor Lenin Moreno, invited the Metropolitan Police into the Ecuadorian embassy in London, and they arrested Julian Assange . Since then, Assange is kept in Belmarsh high security prison in London, without actual charges.   The real reason world's number one political prisoner is still kept in this high security prison, is because he exposed horrendous war crimes carried out by the US imperialists and their allies.   The ruthless Western imperialist regime wants to punish the No1 real journalist in the world and make him an example for any Whistleblower or real journalist who will attempt to expose its big crimes in the future.   And the Anglo-American axis has now become officially a fascist coalition , framed by the rest of its Western pets. UK's Home Secretary Priti Patel, one of the most ruthless ever, decided to extradite Julian Assange to US. No surprise of course. The only question we had in mind is