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Adapted from Alabama Claims, licensed under CC BY-SA 4.0. Modified for audio. This HearLore entry is also licensed under CC BY-SA 4.0.

— Ch. 1 · The Alabama's Departure —

Alabama Claims.

~4 min read · Ch. 1 of 7
In 1863, the Confederate commerce raider CSS Alabama slipped out of the shipyards at Birkenhead. British Prime Minister Lord Palmerston and Foreign Secretary Lord John Russell failed to stop her from putting to sea. The United States Legation in London had explicitly opposed this departure. American Minister Charles Francis Adams charged that the ship was bound for the Confederacy. He argued it would be used against the United States. The Government requested advice from Sir Alexander Cockburn, the Lord Chief Justice of England and Wales. He ruled that her release did not violate Britain's neutrality because she was not outfitted with guns when leaving port. This legal loophole allowed the vessel to begin its destructive campaign.

Neutrality Violations Exposed

British public opinion remained divided on the issue during construction. MPs such as Richard Cobden campaigned against allowing the ship to leave. The subsequent departure proved publicly embarrassing for the government. Palmerston and Russell were later forced to admit the ship should not have been allowed to depart. In the following year, Britain detained two ironclad warships constructed in Birkenhead. These vessels were destined for the Confederacy. An uproar over the Alabama prompted Palmerston to instruct the Admiralty to purchase them. A go-between named Monsieur Bravay of Paris ordered their construction as an intermediary for Confederate principals. The incident highlighted deep failures within British political oversight regarding naval exports.

Billion Dollar Demands

In 1869, the United States claimed direct and collateral damage against Great Britain. Senator Charles Sumner of Massachusetts demanded indirect damages be included. He pointed specifically to British blockade runners. These runners played a pivotal role sustaining the Confederate war effort. They smuggled thousands of tons of gunpowder through the Union blockade. Half a million rifles and several hundred cannons reached the South via these routes. Such acts may have lengthened the Civil War by two years. This extension cost 400,000 more lives of soldiers and civilians on both sides. Sumner originally asked for $2 billion in damages or alternatively the ceding of Canada to the United States.

Expansionist Ambitions

American Secretary of State William H. Seward negotiated the Alaska Purchase in 1867. He intended it as the first step in a plan to gain control of the northwest Pacific Coast. Seward was a firm believer in Manifest Destiny primarily for its commercial advantages. He expected the West Coast Province of British Columbia to seek annexation to the United States. Soon other U.S. politicians endorsed annexation with goals including British Columbia and eastern Nova Scotia. The idea reached a peak in the spring and summer of 1870. London continued to stall while American commercial groups pressed Washington for a quick settlement. Congress became preoccupied with Reconstruction after the long years of war. Most Americans showed little interest in territorial expansion following the heavy losses of the Civil War.

The Geneva Tribunal

An international arbitration tribunal met in Geneva, Switzerland. The session took place in a reception room of the Town Hall. Representatives from five nations sat to determine liability. Britain sent Sir Alexander Cockburn. The United States included Charles Francis Adams with William Maxwell Evarts serving as counsel. Italy provided Federico Sclopis. Switzerland contributed Jakob Stämpfli. Brazil sent Marcos Antônio de Araújo, Viscount of Itajubá. Negotiations had previously taken place at Suitland, Maryland, on the estate of businessman Samuel Taylor Suit. The final award formed part of the Treaty of Washington signed in March 1871. The Senate ratified that treaty on the 24th of May 1871.

Settlement And Compensation

Great Britain paid the United States $15.5 million on the 8th of September 1873. This sum was balanced against damages of $1,929,819 paid by the United States to Great Britain. Those American payments covered illegal Union blockade practices and ceded fishing privileges. The dispute ended after this financial exchange. Britain expressed regret over the Alabama damages within the treaty text. Relations between the two nations became perpetual allies following the agreement. The settlement restored friendly relations that had begun the century as rivals. They ended the century as something of partners through this diplomatic resolution.

Legal Precedents Established

This case established the principle of international arbitration for future disputes. It launched a movement to codify public international law with hopes for peaceful solutions. The arbitration served as a precursor to the Hague Convention and later the League of Nations. International jurist Gustave Moynier pursued legal arrangements to enforce treaties inspired by these events. The Soviet Union carefully studied the claims when assessing potential damages from Allied intervention. Literary figures also noted the legacy of the incident. Leo Tolstoy used it as a plot device in Anna Karenina. Jules Verne referenced the claim in his novel Around the World in Eighty Days.

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1871 in case law1871 in international relations1871 in the United Kingdom1871 in the United StatesArbitration casesCSS AlabamaForeign relations during the American Civil WarHenry John Temple, 3rd Viscount PalmerstonHistory of United Kingdom–United States relationsJohn Russell, 1st Earl RussellLegal history of the United KingdomLegal history of the United StatesVictorian era

Common questions

What was the outcome of the Alabama Claims arbitration in 1873?

Great Britain paid the United States $15.5 million on the 8th of September 1873. This sum balanced against damages of $1,929,819 paid by the United States to Great Britain for illegal Union blockade practices.

Who were the representatives at the Geneva arbitration tribunal for the Alabama Claims?

Britain sent Sir Alexander Cockburn while the United States included Charles Francis Adams with William Maxwell Evarts serving as counsel. Italy provided Federico Sclopis and Switzerland contributed Jakob Stämpfli. Brazil sent Marcos Antônio de Araújo, Viscount of Itajubá.

When did the Senate ratify the Treaty of Washington regarding the Alabama Claims?

The Senate ratified that treaty on the 24th of May 1871. The final award formed part of the Treaty of Washington signed in March 1871 following negotiations at Suitland, Maryland.

How many lives were lost due to the extension of the Civil War caused by British blockade runners?

Such acts may have lengthened the Civil War by two years. This extension cost 400,000 more lives of soldiers and civilians on both sides.

What legal loophole allowed the CSS Alabama to leave Birkenhead shipyards in 1863?

Sir Alexander Cockburn ruled that her release did not violate Britain's neutrality because she was not outfitted with guns when leaving port. This legal decision allowed the vessel to begin its destructive campaign against the United States.

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