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Adm. Semmes, the ALABAMA Claims and the First International Arbitration by David A

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Adm. Semmes, the ALABAMA Claims and the First International Arbitration by David A Law of the Sea: Adm. Semmes, the ALABAMA Claims and the First International Arbitration By David A. Bagwell Adm. Raphael Semmes (CSN-ret.), former captain of of the classic poem “The Conquered Banner.” The poem’s the Confederate commerce raider1 CSS ALABAMA, had theme is that the Confederate flag should be flown a very nice and calm life after his ship was sunk by USS no more. Apparently George Wallace didn’t read the KEARSARGE in a lovely, lovely ships’ duel off Cherbourg poem when he put the Confederate flag atop Alabama’s near the end of “The Late Unpleasantness” of the Civil War. statehouse in 1962. Like me he was a lawyer in Mobile, and was even elected But Adm. Semmes’ active working career on The to a judgeship, though he was disqualified under ALABAMA was anything but calm. After taking over Congressional Reconstruction’s early version of the de- ALABAMA in late July of 1862, in the next two years he Baathification policy we and ALABAMA captured saw much later in Iraq. and burned 55 Union merchant ships worth Like me he enjoyed my $4.5 million in 1863 hometown Point Clear money and bonded out on Mobile Bay as often 10 others to the value of as he could, spending $562,000 in 1863 money. long summers here. He Not bad for two years at and the Catholic Bishop sea. raced sailboats – theirs was naturally named His motivation and ALABAMA and naturally motto? Engraved on they won – against the the bronze helm of young Jesuit candidates ALABAMA – I have seen it for the priesthood, myself – were the French summering at Loyola Villa words “Aide toi et le Dieu on Mobile Bay. He helped t’aidera,” meaning “Help to start raising money to yourself and then God build the lovely heart pine will help you.” The words summer church on Mobile Capt. Raphael Semmes on CSS ALABAMA, Capetown, South Africa, 1863. Lt. are usually translated Bay at Battles Wharf, John M. Kell in background at Ship’s Wheel/ Courtesy of U.S. Naval Historical into English as the more Sacred Heart, still not air Center nearly passive “God conditioned by the choice helps those who help of the parishioners. themselves.” Adm. Semmes died at Point Clear on August 30, 1877, They aren’t from the Bible as is commonly thought, but at 7:20 A.M., legend suggests after his having eaten instead from a Fable of Aesop written in Greek originally either “a bad oyster” (didn’t he know to eat them only in and later in Latin. Joan of Arc of France quoted it in “r months”?) or bad shrimp, although he had stomach medieval French as “Aide toy, Dieu te aidera” in the fifth troubles and likely had stomach cancer. interrogation on March 15, 1431, of her trial in France. The saying is sometimes attributed to Rabelais (1494-1553) Though Stonewall Jackson’s last words about “across the but he didn’t coin it. Jean de La Fontaine, the legendary river and into the trees” were soldier’s words, Admiral French fabulist, in his 1668 work “Fables Choisies” Semmes’ last words in the haze of death were lawyer (“Chosen Fables”) filched Aesop’s fable, “Hercules and The words rather than sea captain’s words: “You will see the Teamster” or – less charged with secondary meaning – judge about it – the case has not been decided properly– I “the Wagoner,” which fable the French call “Le Bouvier et ask for nothing but justice! Should I not have it? Promise Herakles.” me to attend to this matter, since I cannot do it myself!” Finally Benjamin Franklin put the common English version His body was taken from Point Clear to Mobile on a of it in “Poor Richard’s Almanac,” and so sometimes he steamboat, accompanied by his friend Mobile’s Father Abram Ryan, “poet-priest of the Confederacy” and author continued, next page 5 Law of the Sea, Adm. Semmes, from page 5 gets credited with its authorship. I always figured that international arbitration. The tribunal consisted of Sir those words were put on the helm of ALABAMA at the Alexander Cockburn for Britain, Charles Francis Adams for instruction of the great U.S. oceanographer Mathew the United States (with William Maxwell Evarts as counsel), Fontaine Maury, a descendant and naturally a great Federico Sclopis for Italy, Jakob Stämpfli for Switzerland, admirer of the French fabulist Fontaine, Maury having and Marcos Antônio de Araújo for Brazil. Sessions were been active in the purchase of the ALABAMA in Britain, held in a reception room of the Town Hall in Geneva, but I cannot yet prove it. Of such are the mysteries of which is now called Salle de l’Alabama, now graced with a history. large and lovely painting of the negotiations. After The War there was a clamor by Union commercial The final award was $15 million, made part of the Treaty of forces that Great Britain, which had built the ALABAMA Washington and paid out in 1872, five years before Adm. and other similar ships including CSS FLORIDA, repay Semmes died. the shipping losses. Sen. Charles Sumner, chairman of Not to put too broad a brush on it, but many believe that the Senate Foreign Relations Committee, demanded this international arbitration, so successful in its outcome, from Britain either $2 billion or, if not, Canada; not a bad was a precursor to the Hague Convention, the League opening demand if it worked (haven’t I negotiated against of Nations, the World Court and, ultimately, the United him in my 40 years of law practice? Sure seems like it.) But Nations. it didn’t work and Britain stalled. U.S. shipping interests Endnotes: pushed the government to get payment for their shipping 1 In case you are wondering about her status, the U.S. Court of Appeals for losses, and finally both governments got serious. the Third Circuit held in 1992, in a case involving ownership of the bell of CSS ALABAMA, that she was not a pirate ship. United States v Steinmetz, 973 F.2d There ensued what many believe to be the first 212, 220 (3rd Cir. 1992). Some judges get all the good cases. Documentary Filmmakers Win Best Narration at the Los Angeles Movie Awards Jacksonville, Florida - May 27, 2011 - “Conversations on Sheppard began this project in order to highlight the Catfish, Courtrooms, and Change: The Life and Times evolution of racism through the eyes of his friend and of HenrY Lee Adams, JR.,” a documentary short colleague. directed by William J. Sheppard, Esquire and his son Lang Lang Sheppard is the President of Stunt Dog Productions, Sheppard of Stunt Dog Productions, received the Best a production company located in Hawaii. For Lang, Narration award and an Honorable Mention at the 2011 growing up in the first integrated law firm and watching Los Angeles Movie Awards this week. men like Adams and his father shape history was an The Los Angeles Movie Awards’ mission is to celebrate amazing experience. He felt that making this film would Independent Motion Picture and Literary Arts by help preserve a very important part of American history. providing a platform for filmmakers and writers to have an Contact: opportunity to be recognized for their work. Stunt Dog Productions, Inc. The film recounts the story of Judge Henry Lee Adams, Jr. [email protected] and his rise from the poverty stricken and segregated East 59-073 Hoalua St. side of Jacksonville, through the civil rights movement and Haleiwa, HI 96712 into his current position as the first Black Senior United (808) 782-5406 States District Judge in the State of Florida. Judge Adams OR is the narrator of the film. Wm. J. Sheppard, Esquire “I’m elated,” says Bill Sheppard, “but I didn’t do it for the Sheppard, White, Thomas & Kachergus, P.A. awards. Hopefully, the recognition will give the film more 215 Washington Street publicity and will inspire a younger generation of African Jacksonville, FL 32202 Americans to succeed.” Wm. J. Sheppard, Esquire is a long (904) 356-9661 time friend and former law partner of Judge Adams. Mr. [email protected] 6.
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