Synthesized answer
The "Alabama" Arbitration is presented as a "conspicuous example of the value of arbitration as a means of averting war" [2]. It involved pecuniary claims made by one state on behalf of its subjects against another state [2].
The specific elements that contributed to averting war involved the agreement to submit the "Alabama" claims to arbitration [1, 4]. This followed correspondence and the appointment of a commission to find a common understanding for settlement [4]. The British commissioners initially suggested arbitration, and after discussion, agreed to specific rules governing the arbitrators' consideration of facts [1]. The arrangements were embodied in the Treaty of Washington, which referred the "Alabama" claims to a tribunal of five arbitrators [3]. The arbitration proceeded, focusing on questions of "due diligence" regarding breaches of neutrality in allowing Confederate vessels to be built and equipped on British territory [4, 5].
Synthesized from the book passages below. Chat with the book on Feynman for follow-up.
From the book
. 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.
← Alabama 1911 Encyclopædia Britannica , Volume 1 "Alabama" Arbitration by Montague Hughes Crackanthorpe Alabama River → See also Alabama Claims on Wikipedia ; and our 1911 Encyclopædia Britannica disclaimer . 244259 1911 Encyclopædia Britannica , Volume 1 — "Alabama" Arbitration Montague Hughes Crackanthorpe “ALABAMA” ARBITRATION. —This is one of those arbitrations on pecuniary claims, made by one state, on behalf of its subjects, against another state, which are referred to in the article Arbitration, International . The case is important, both from a historical and a juridical point of…
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…
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…
itrators that an extra-judicial declaration should be obtained from the arbitrators on the subject of the direct claims. On the 19th of June Count Sclopis intimated on behalf of all his colleagues that, without intending to express any opinion upon the interpretation of the treaty, they had arrived at the conclusion that “the indirect claims did not constitute upon the principles of international law applicable to such cases a good foundation for an award or computation of damages between nations.” In consequence of this intimation Mr Bancroft Davis informed the tribunal on the 25th of June…
More questions about this book
- Explain, as if to a peer, the complete narrative of how the "Alabama" came to be built and why its construction became a significant international dispute, distinguishing between its historical and juridical importance.
- What were the immediate and potential long-term consequences of the British government's proclamation of neutrality and recognition of the Confederates as belligerents, particularly concerning the international legality of vessels like the "Alabama"?
- Given the British government's declared neutrality, analyze the complexities and potential conflicts of interest that might have allowed a warship intended for the Confederacy to be built in a British shipyard.
- If you were the British law officer receiving the U.S. consul's evidence, what specific legal arguments or interpretations of international law would you apply to determine if the "Alabama" should be detained, considering the context of neutrality?