Synthesized answer
In the "Alabama" case, the United States alleged grievances against Great Britain stemming from breaches of neutrality. Specifically, the United States contended that Britain allowed Confederate vessels like the "Alabama," "Florida," and "Shenandoah" to be built and equipped on British territory [1]. The evidence presented by the United States included particulars about the construction of the "Alabama," originally known as "No. 290," being built by Messrs. Laird at Birkenhead, which was obviously intended for use as a man-of-war [2]. Mr. C. F. Adams forwarded a letter from the United States consul at Liverpool to Earl Russell detailing these particulars [2].
The United States also argued that a neutral nation has specific legal obligations and responsibilities that Britain allegedly violated. These responsibilities, later codified as the three rules for neutral governments, included the duty to use due diligence to prevent the fitting out, arming, equipping, or departure of any vessel intended to cruise or wage war against a power with which the neutral nation is at peace, especially if the vessel has been specially adapted for warlike use [4]. The United States contended that…
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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…
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…
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…
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"?
- The British government's proclamation of neutrality recognized the Confederates as "belligerents." How did this seemingly neutral act contribute to the international controversy surrounding the "Alabama," and what specific actions did it implicitly allow or disallow?
- 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?