History of the United States, Volume 4Andrews, Elisha Benjamin
History
History of the United States, Volume 4
Andrews, Elisha Benjamin
United States -- History
But far the most important and interesting part of the treaty was the
provision for the settlement of the "Alabama Claims." England's
unfriendly attitude during the war and her subsequent refusal to submit
the "claims" to arbitration, had stirred up much hard feeling throughout
the United States. The graceful expression, in the preamble to the
treaty, of England's regret for the ravages of the cruisers was
therefore very gratifying. More material satisfaction was to follow. The
treaty provided that the claims should be submitted to a tribunal of
five persons--one appointed by each government and one each by the
Emperor of Brazil, the President of Switzerland, and the King of Italy.
The tribunal met at Geneva, Switzerland, December 15, 1871. Charles
Francis Adams, our minister to England during the war, was the United
States member, and Lord Chief Justice Cockburn the English. Baron
Itajuba, the Brazilian minister plenipotentiary to France, Count
Sclopis, an Italian minister of State, and M. Jaques Staempfli, of
Switzerland, comprised the rest of the tribunal. Each side was
represented by counsel, Caleb Cushing, William M. Evarts, and Morrison
R. Waite appearing for the United States. An agent presented the printed
case of each government.
The American claims included direct and indirect losses--direct, by the
destruction of vessels with their cargoes and by national expenditure in
chasing the Confederate cruisers; indirect, by the loss of a large part
of the United States ocean carrying trade, by increased marine insurance
rates, and by the prolongation of the war with proportionally increased
expense. Great Britain vehemently objected to the indirect claims coming
before the tribunal, and at one time seemed about to withdraw. Upon
reassembling in June, 1872, the tribunal decided that the indirect
claims were not admissible, and the case went forward. Counsel having
presented their respective arguments, the tribunal took up the case of
each cruiser separately. During the consideration of damages it sat with
closed doors, only the arbitrators being present. On September 14th,
after thirty-two conferences, the tribunal gave its decision.
The Geneva case is of two-fold interest, first, for its decision of the
facts involved, and the consequent award; second, for its enunciation of
important principles of international law.
The Treaty of Washington laid down three rules for the guidance of the
tribunal. They are such important contributions to international law
that they must be quoted in full.
"A neutral government is bound,
Public-domain text, read in full here on John Shaqi.
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