Synthesized answer
As a British legal official in 1862, to justify or compel the detention of the "Alabama," I would have presented evidence that the vessel was being built by Messrs. Laird at Birkenhead and was obviously intended for a man-of-war [2]. Specific particulars about her character were forwarded to Earl Russell on June 23rd, 1862 [2].
My legal argument would have been based on the advice of the law officers, who stated that if these particulars were correct, the vessel ought to be detained [2, 4]. This advice was reiterated on July 23rd, when sworn evidence was laid before the commissioners of customs, who were the proper authorities to enforce the provisions of the Foreign Enlistment Act of 1819 [4]. The evidence obtained on July 21st and supplemented on July 23rd indicated sufficient grounds for detention [4].
The passages do not detail the specific legal arguments or interpretations of international obligations that would have been presented to the Commissioners of Customs beyond stating that the law officers advised detention if the particulars of the vessel's character were correct [2, 4]. They also mention the Foreign Enlistment Act of 1819 as the basis for enforcement [4]. The…
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From the book
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…
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…
. 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.
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…
ontended that it must be a diligence commensurate with the emergency or with the magnitude of the results of negligence. The British government maintained that while the measure of care which a government is bound to use in such cases must be dependent more or less upon circumstances, it would be unreasonable to require that it should exceed that which the governments of civilized states were accustomed to employ in matters concerning their own security or that of their citizens. The tribunal adopted the view suggested by the United States. It found that Great Britain was legally responsible…
More questions about this book
- How would you explain, in your own words, the fundamental conflict of international law or diplomatic principle that the "Alabama" Arbitration aimed to resolve, and why was its resolution considered crucial for averting war?
- The British government issued a proclamation of neutrality but recognized the Confederates as belligerents. How do these two positions, and the subsequent allowance of Confederate arms purchases and shipbuilding in England, expose potential inconsistencies or complexities in the concept of neutrality during wartime?
- The text highlights the "value of arbitration as a means of averting war." Given the events leading up to the "Alabama" Arbitration (e.g., the blockade-running, the construction of the ship), what could have been done differently *before* the arbitration to prevent the escalation of tensions, and what are the implications of these missed opportunities?
- The excerpt is presented under the title "A House Divided." While the main content describes the "Alabama" Arbitration, what conceptual connections or parallels, if any, can you draw between the political divisions and internal conflicts implied by "A House Divided" and the international diplomatic challenges presented by the "Alabama" incident?