Synthesized answer
The passages show that the British government faced legal and diplomatic challenges because the “Alabama” was built in Birkenhead while Britain was neutral. The government issued a proclamation of neutrality on May 14, 1861, recognizing the Confederates as belligerents [1]. When the U.S. consul alerted officials in June 1862 that the vessel was obviously intended as a man-of-war, the law officers advised that if the particulars were correct, the vessel ought to be detained [1]. However, the commissioners of customs declined to move on sworn evidence, and despite further advice on July 23 that there was sufficient ground for detention, the papers were not returned until July 29 due to the queen’s advocate’s illness—by which time the “Alabama” had already sailed on July 28 [3]. No serious attempt was made to pursue her while she remained off Anglesey [3].
These actions and inactions reflect the complexities of enforcing international law: the government had legal mechanisms (the Foreign Enlistment Act of 1819) and official advice to detain the vessel, but delays, bureaucratic inaction, and a lack of vigorous pursuit allowed the “Alabama” to escape and later receive its armament…
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From the book
tes on the 13th of April 1861. On the 19th of April President Abraham Lincoln declared a blockade of the southern ports. On the 14th of May the British government issued a proclamation of neutrality, by which the Confederates were recognized as belligerents. This example was followed shortly afterwards by France and other nations. The blockade of the southern ports was not at first effective, and blockade-running soon became an active industry. The Confederates established agencies in England for the purchase of arms, which they despatched in ordinary merchant vessels to the Bahamas, whence…
rpool in two British ships. Captain Semmes there took command of her under a commission from the Confederate government. After a most destructive career she was sunk off Cherbourg by the “Kearsarge” on the 19th of June 1864. On these facts the United States government alleged against Great Britain two grievances, or sets of grievances. The first was the recognition of the Southern States as belligerents and a general manifestation of unfriendliness in other ways. The second was in respect of breaches of neutrality in allowing the “Alabama,” the “Florida” (originally the “Oreto”, the…
was laid before the law officers, who advised that, if these particulars were correct, the vessel ought to be detained. On the 21st of July sworn evidence, which was supplemented on the 23rd of July, was obtained and laid before the commissioners of customs (who were the proper authorities to enforce the provisions of the Foreign Enlistment Act of 1819), but they declined to move. On the 23rd of July the same evidence was laid before the law officers, who advised that there was sufficient ground for detention. By some accident, which has never been satisfactorily explained, but was probably…
rst agreed upon.” After some discussion the British commissioners consented that the three following rules should apply. A neutral government is bound—(1) to use due diligence to prevent the fitting out, arming or equipping within its jurisdiction of any vessel, which it has reasonable ground to believe is intended to cruise or to carry on war against a power with which it is at peace, and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within…
. With respect to the “Alabama” claims the British commissioners suggested that they should be submitted to arbitration. The American commissioners refused “unless the principles which should govern the arbitrators in the consideration of the facts could be first agreed upon.” After some discussion the British commissioners consented that the three following rules should apply.
More questions about this book
- Why was Britain's proclamation of neutrality, recognizing the Confederates as belligerents, so significant in the context of the American Civil War, and how might it have influenced the United States' perception of Britain's role?
- The text states the "Alabama" Arbitration is a "conspicuous example of the value of arbitration as a means of averting war." Unpack this statement. What specific elements of this case made arbitration valuable in preventing further conflict, and what might have been the alternative outcomes without it?
- Consider the various economic and political motivations that might have driven Britain's initial stance of neutrality and the delay in detaining vessels like the "Alabama." How did these motivations potentially conflict with its stated policy and international obligations?
- If you were explaining the core dispute regarding neutrality and state responsibility in the "Alabama" Arbitration to someone unfamiliar with 19th-century international law, how would you simplify it and what analogy might you use to make it clearly understandable?