Sovereign Defaults before International Courts and Tribunals: Sovereign debt crises and defaults

In the 1840s, Pennsylvania, seven Southern US states and the Territory of Florida defaulted on their debts. Pennsylvania failed to pay following a deep economic crisis and the insolvency of the United States Bank of Pennsylvania in 1837, then the largest bank in the United States. American creditworthiness abroad ‘sustained a heavy blow’. A proposed loan in Europe to the federal government came to naught, because of widespread distrust among European investors. Two further default waves in 1857 and 1870 cemented the European view that US states were untrustworthy debtors. Between 1840 and 1870 fifteen US states defaulted on their debt, including Virginia, New York and Maryland. Half of all US state debt was in default, and 10 per cent was repudiated outright. In many cases, states challenged the validity and constitutionality of their debts when sued by creditors, but with only limited success. Courts generally upheld these state debts, though creditors found it difficult to enforce their judgments. The Southern repudiations were a major obstacle for the Confederacy's fund-raising efforts in Europe, especially in London. Belmont, the Union's financial emissary in London, attempted to dissuade the Rothschilds from advancing any funds to the South.