Synthesized answer
The British proclamation of neutrality recognized the Confederates as belligerents [1]. This seemingly neutral act contributed to the international controversy surrounding the "Alabama" because the United States government alleged it was a "general manifestation of unfriendliness" and one of two sets of grievances against Great Britain [2]. The other grievance was specific breaches of neutrality in allowing the "Alabama" and other Confederate vessels to be built and equipped on British territory [2].
Regarding specific actions, the proclamation implicitly allowed the Confederates to establish agencies in England for purchasing arms, which were shipped to the Bahamas and then transferred to fast steamers for blockade-running [1]. However, the passages do not explicitly state what actions were disallowed by the proclamation. The later arbitration rules (the "three rules") defined a neutral's duties: to prevent fitting out or arming vessels intended for war, not to permit belligerents to use ports as bases for naval operations or recruitment, and to exercise due diligence to prevent violations of these obligations [3]. These rules were applied retroactively to the "Alabama" case,…
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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…
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…
d waters, and as to all persons within its jurisdiction to prevent any violation of the foregoing obligation and duties. The arrangements made by the commission were embodied in the treaty of Washington, which was signed on the 8th of May 1871, and approved by the Senate on the 24th of May. Article 1, after expressing the regret felt by Her Majesty’s government for the escape, in whatever circumstances, of the “Alabama” and other vessels from British ports, and for the depredations committed by these vessels, provided that “the claims growing out of the acts of the said vessels, and…
. 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
- Imagine you're explaining the "Alabama" Arbitration to a peer who knows nothing about it. How would you simplify the historical context and the central legal dispute, clarifying why it was a "conspicuous example of the value of arbitration"?
- What specific legal obligations or responsibilities of a neutral nation were allegedly violated by Britain in the "Alabama" case, and what evidence was presented by the United States to highlight this breach?
- Beyond the immediate resolution of pecuniary claims, what enduring principles or precedents for international law and the conduct of neutral nations do you think the "Alabama" Arbitration established?
- Analyze the sequence of events regarding the "Alabama's" construction and the US consul's appeals. At what specific juncture did British authorities have the clearest opportunity, and perhaps the legal imperative, to intervene, and what were the potential consequences had they acted differently?