What is Cinco de Mayo anyway? It is an opportunity to reflect on the value of holding contracts sacrosanct and the dangers of excessive national debt. Huh? An abbreviated history lesson (according to Sotus) is in order to set the stage for today’s ramblings.
Cinco de Mayo, Spanish for May 5, remembers the Battle of Puebla, which took place on May 5, 1862. It was a pyrrhic victory for Mexican forces over the French forces that had invaded the Country a few months earlier. It was the first major battle against the invading army and the defending Mexicans won. Unfortunately, within a year, the French would have overthrown the government and installed Maximilian as Emperor of Mexico.
So, why did France invade Mexico in the first place – and here is the connection to today’s post – it is because Mexico decided not to honor its debt. In 1861, Benito Juarez was elected President of Mexico (after leading the Country in the Battle of Reform) on a promise of sweeping changes and liberalization. Mexico was struggling under the burden of its debt it had accumulated since its independence from Spain, and from its more recent constitutional turmoil. The debt was held mainly by France, Spain and England. After being elected, Juarez decided to suspend principal and interest payments on the national debt (as well as nationalizing certain private property, etc). While Juarez was careful to state that Mexico was not "abrogating" its debt, it just was not paying it. (Try that with your creditors.)
Seeking payment or territory in lieu of payment, England, France and Spain entered into the Treaty of London in 1861, which authorized the intervention - led by France and supported by England and Spain. Of course, the United States was involved in the Civil War, and was unable to come to the aid of Juarez, whom it supported. After landing in Veracruz in December 1861, England and Spain quickly settled out and withdrew, but Napoleon II’s forces remained determined to gain territory for its debt.
The Battle of Puebla, Mexico's temporary rout of an invading army, while a victory of sorts, really should serve as a reminder to us all of the dangers of excessive national debt. Today, our debt exceeds $11 Trillion dollars. Interest on that debt is soon becoming the single largest line item in our budget – nearly 25% of our revenue goes to pay interest to debt holders. Who are our biggest debt holders? Number 1 is China.
With Obama’s emerging penchant for abrogating contracts, what could happen if we decide not to pay our debt? Could another country invade us? The French Intervention in Mexico was not the first war started over abrogation of debt. It will not be the last. We live in a society that holds contract paramount – and there is good reason for that. The entire underpinnings of our society and way of life are based on respect for contracts and the rule of law. Our Constitution specifically prohibits the impairment of obligations of contract. That is why it is troubling to see our President threaten to bring the full rath of government against investors who insist on their contractual rights. These investors are companies that purchased contracts with auto maker Chrysler on behalf of the companies’ stakeholders (retirees, pension funds, teachers, mom, dad, apple pie, etc.). The contracts purchased promising payment of debt and secured them fully with a first lien on assets of Chrysler. That first lien means that these investors get 100 cents on the dollar. When Obama’s administration singled out these investors because they wouldn’t reduce their contract to take a quarter of what they would be entitled to, it was disturbing and showed a fundamental disrespect for American values. More troubling is the threats of SEC and IRS investigations against the hold out investors. Ultimately, the contract and the Chrysler situation will be resolved in bankruptcy, but the damage to our constitution and rule of law by showing a willingness to ignore contracts could do more harm than the loss of 54,000 union jobs at Chrysler.
Take the disdain for contracts one step further and wonder what will happen if Obama abrogates our contracts to pay our national debt? Could a foreign debt holder intervene in US affairs to recover its money? It happened before.
Happy Cinco de Mayo