The School of Athens

Question

If British law officers advised detaining the "Alabama," what does its eventual non-detention suggest about the practical challenges of upholding international neutrality or the effectiveness of government processes at the time?

Synthesized answer

The passages indicate that British law officers did advise detaining the "Alabama" based on evidence, but the vessel was not detained due to procedural delays and a lack of effective pursuit. Specifically, sworn evidence was laid before the law officers on July 23, who advised there was sufficient ground for detention, but the papers were not returned until July 29 due to an accident likely connected to the illness of the queen’s advocate [3]. By then, the vessel had already sailed on the evening of July 28, and although she remained off Anglesey for two days, there was no serious attempt at pursuit [3].

This sequence suggests practical challenges in upholding international neutrality, such as bureaucratic delays and the failure of authorities to act promptly. The commissioners of customs initially declined to move on the evidence [3], and the return of legal papers was slow, allowing the vessel to escape. The eventual arbitration and ruling that Great Britain was legally responsible for the "Alabama"'s depredations [5] further underscores that the non-detention reflected ineffective government processes at the time, rather than a deliberate policy of non-compliance. However, the…

Synthesized from the book passages below. Chat with the book on Feynman for follow-up.

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…
Passage [3]
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…
Passage [5]
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…
Passage [4]
. 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.
Passage [6]
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…
Passage [13]

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