Summary
This book documents the diplomatic and legal resolution of the "Alabama" claims, a dispute between the United States and Great Britain arising from British-built Confederate warships during the American Civil War. The central argument is that the arbitration process, governed by three specific rules of neutral conduct, established a precedent for international law regarding "due diligence" and neutral responsibilities. The text details how the British commissioners agreed to submit the claims to arbitration only after the principles governing the arbitrators were first agreed upon, leading to the adoption of rules requiring a neutral government to prevent the fitting out of vessels intended for war against a power at peace.
The book follows the arbitration from the initial correspondence through the Treaty of Washington, which created a tribunal of five arbitrators. A key takeaway is the arbitrators' conclusion that "indirect claims" did not constitute a valid foundation for damages under international law. Readers learn how the three rules—covering vessel equipping, use of ports as bases, and due diligence enforcement—were codified in Article 6 of the treaty, binding the parties to observe them in future. The work provides a concrete historical account of how state responsibility for neutrality was formally defined and adjudicated.
Key concepts
- "Alabama" claims — The specific grievances by the United States against Great Britain for allowing Confederate vessels like the "Alabama" to be built and equipped on British territory.
- Three rules — The principles governing neutral governments, including using due diligence to prevent vessel fitting out, not permitting belligerent use of ports, and exercising diligence to prevent violations.
- Due diligence — The measure of care a neutral government must exercise, which the United States argued must be "commensurate with the emergency or with the magnitude of the results of negligence."
- Indirect claims — The extra-judicial declaration from arbitrators that such claims "did not constitute upon the principles of international law... a good foundation for an award or computation of damages."
- Treaty of Washington — The 1871 agreement that established the arbitration tribunal, with each party naming one agent and three neutral powers appointing arbitrators.
From the book
For other versions of this work, see Encyclopædia Britannica . ← 1911 Encyclopædia Britannica ( 1911 ) Title page → related portals : Reference Works Shortcut : EB11 or EB1911 Notes on reading the Wikisource edition . A special disclaimer for this project . Collaboration page for contributors . 12543 1911 Encyclopædia Britannica 1911 Table of contents This work is in the public domain in the United States because it was published before January 1, 1931. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works . Public domain Public domain false false← Alabama 1911 Encyclopædia Britannica , Volume 1 "Alabama" Arbitration by Montague Hughes Crackanthorpe Alabama River → See also Alabama Claims on…
He is commonly known as Rab.← Abbadie, Jakob 1911 Encyclopædia Britannica , Volume 1 'Abbahu Abba Mari → See also Abbahu on Wikipedia ; and our 1911 Encyclopædia Britannica disclaimer . 12925 1911 Encyclopædia Britannica , Volume 1 — 'Abbahu ʼABBAHU, the name of a Palestinian ʼamora ( q.v. ) who flourished c . 279–320. ʼAbbahu encouraged the study of Greek by Jews. He was famous as a collector of traditional lore, and is very often cited in the Talmud.
He was author of Quaestiones ( Sheiltoth ), a collection of homilies (at once learned and popular) on Jewish law and ethics. This is recorded to have been the first work written by a Jewish scholar after the completion of the Talmud.← Alphabet 1911 Encyclopædia Britannica , Volume 1 'Al-phasi, Isaac Alphege, Saint → See also Isaac Alfasi on Wikipedia ; and our 1911 Encyclopædia Britannica disclaimer . 1202415 1911 Encyclopædia Britannica , Volume 1 — 'Al-phasi, Isaac ’AL-PHASI, ISAAC (1013–1103), Jewish rabbi and codifier, known as Riph , was born near Fez in 1013 and died at Lucena in 1103. ’Al-Phasi means the “man of Fez” (medieval Jews were often named after their birthplaces). He was forced to leave Fez when an old man of 75, being accused on some unknown political charge. He then…
Popular questions readers ask
- The text states the "Alabama" Arbitration "affords a conspicuous example of the value of arbitration as a means of averting war." Explain, using only the details provided, how the specific actions and circumstances described in this excerpt support this claim.
- Given the British government's "proclamation of neutrality," how might a contemporary observer reconcile this declared stance with the building of the "Alabama," an obvious man-of-war, by a British firm for the Confederates? What ethical or legal dilemmas does this situation present for a neutral nation?
- Imagine you are Mr. C. F. Adams, the United States consul. What specific "particulars" and "sworn evidence" would be most crucial for you to present to the British law officers to compel them to detain the "Alabama," based on the limited information provided in the text?
- How did the Confederate strategy of establishing "agencies in England for the purchase of arms" and utilizing "blockade-running," as described, directly challenge President Lincoln's blockade and potentially complicate international relations during the American Civil War?
- Although the excerpt focuses on the "Alabama" incident, it contextualizes the conflict with the "slavery question" and secession. How might these foundational issues have influenced the British government's initial proclamation of neutrality and its subsequent (or delayed) response to reports about the "Alabama's" construction?