New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-27

referred found the first ch consider
the principal the instructions which Mr. Alexander
Hamilton Communicated the 4h Of August l793 TO the
collectors OF customs of the United States consequence Of
the proclamation which President George Washington had
issued on the 2ld day Of April preceding recognizing the state
Of war then existing between Austria, Prussia, Sardinia
Great Britain and the Netherlands the part and
France upon The other and declaring the neutrality the
United States in the same.
In these instructions Mr. Hamilton said Ameresn State
Papers series Of Foreign Affairs vol page 4 that the
purchasing within and exporting from the United States by
Tay 81 merenonate articles commonly called cSntraoano
pie the purchase and expectation Of the effects purchased oy
the French officers should not be permitted inssmuch as
they have not been made BY pay Of neycadnd but on the
contrary for the immediate and drec. ola begerent
my II understood that the Government Of the United
to French merchants who would purchase them to speculate
them by selling them to third power perhaps 70
occuI ought not authorize general prohibition but that it
should extend these principles to the purchase Of the articles
mediate Of the amy is which cannot be
conceived Of because it is equivalent to laying aside
neutrality and TO open the door to all nations that be az war
in which the United States not party in order that in
exchange for small profit they come to provide them
selves here with whatever they require to carry Oh
hostites.
The authorities of Mr.. Webster which cited IN the
document annexed to the OF the e
Secretary OF the Treasury of the 2h of November last past
Of which you are pleased to transmit me copy are "a
coutfety with the instructions OF MI Hamilton AND there
be given TO them opinion the same weight
to the latter for the first fragments OF communities
On' odd5esed BY M Wsbse as scissy Of state % the
States in Mexico, justify the Government OF the United
States from the complaints which that OF Mexico made TO
for tie moral and material support when the t gave ~ ha
time to the Insurgents OF Texas 80 ,
Iii known that al the sympahies Of the ADMINISTRATION
then existing the side the insurgents which caused
encourage them in IA order to accomplish the
enterprise which they engaged, while at the
time the United taes called themselves neutas In the con
The principles land down then by M Webster had for
their s1 h i, S h sd % the
United States should exemine them now when the creum
stances are different, and when the Administration Is ami
mated with spirit OF greater justice, 1t would Tot sustain
chem, would II be willing that foreign nations should
adopt them as basis In their win the United states
does not appear disposed to sustain IN this emergency
the principles which governed then 70 recognize the indie
pedence Of Texas much eseT than Mexico disposed to
There is an Instance Of similar case which the United
States proceeded i'll accordance with the principles OF Vae
and the which they had for holds good with the same
force in the present Mr. Henry WheatoD In the ttn
paragraph 90 chapter Ill Of part ~ Of his Elements OF In
tenaiona Law referring TO- tle pEcIles OF Nstte wheh
Lave already cited ssy These principles were appealed
by the American Government when its neutrality
tempted be violated the OF the European
war OF 49, by arm1s and tquppng vessels and enng
oeset Mt powers to cruise aans; each otheI Voc stated
that # neu;ra power might consistently with is
little could either enrol them The Neutral territory
Applying this reasoning tie present follows that
arms munitions Of war and other articles reband
neither permit that the French army shall
to take them from the neutral territory
Ores; Britain which sdJpted the American doctrine ia that
which the enlistment Of aoop in Its territory by
ed the conscquelcss which Inferred this prncipe
and when itself neutral IA the between
that shall supply themselves their potts
articles conTaband OF unless that by special
ties SIZE is Under the Obligation OF extending them 70 both
either Of the beligerents
President FranEn Pierce in hi. message the NXXlvh
Congress the United States tue Ut September 1859
which another OF the authorities cited by the honorable the
Secretary athe Treasury, while Ee con'iders violation
the neutrality of the United States the petcntons Of Of
EuIopea1s Powers theu allied against Russia to enrol
troops ia the territory Of these same states foows the doe
;rae of Ar. Webster respecting the sale OF articles conta
baud 81 made 81 s citizens to sny one Of the beS7Ien
pJwers. -
President Pierce forgot the condition that the role be male
ty uay VI ns'eaaadse considered indiipensabe BY Mf
Hamilton to aAo 1t lawful he also says that there il no
Of articles cOntTaband Il wsrto either OF the begeroht par
ties there he such secondary Law there exists the
natural tendency OF the law O patOns which imposrs such
prohibition upon the uedtra power az one Of tue e1A'
s'ar:es Inherent TO neutrality
tho Government snonld extend 10 Mexico the same prn
cipes which goyetut in its relations with france o. e
satisfactory such conduct would be- because would inns
be sbaudon neutrality to furnish to the French amy
been Obliged insctiy, until these could oiriyo from
Europe giving time the Mexican Government to organize
vigorous resistance yet IL "ouie NO nave ueo 70
grra, Teufing 10 Mexico tho same Ia
eli les which cOnce Led 10 Frsucc.
At the Of February OF the present yrar the
Mexican Consul New INFO med ne that seVe ~ iHci'
Of hat port were sending to Neri Cruz v.'e itsn
with Proyjions ana owner sic's ioi ~" o. t
Allied Army. which was then IN tha, city, a. eeefenee
February lad the honor TO inonn OF these scs aud
took the liberty sggsi to sou that; the United states
Mexico sad the Allies the Federal Government houa forbid
he exUo-tGon articles cotrabfni q 20 give
TeIly 10 NJ Tint tho United States I'D u, recognize s.so
Of war oxi,Hn, between Me-ieo aAI .he Allies.
As there had been. you sold, 10 declaration OF war 'y
eod t ot lie SINE re son be governed in trer conduct
b. tine r.le neuais 10 tnat time tle IrlAlAnt
considered Mexico the Aes fteA! al1 moi belly
ercnts. IN yw Of slca reasonable explanations, dcsisied
my l.st suggestion and % wss natural uncrr iooe
that tae Government Of tie United States would uO object
Mrco .Aoad lake rom this country whs, she shi
need hills lie stale Of things cn existing should continue
and provided Mexico hould We permitted to make Of
this would mako no opposition TO tue eAe else Of TIE
same being granted to tie Aihc'
purchased ln NewlOTs which the agent com
uissoned 90 ts purchase de'ied ~ ship 70 "Acin
port which tue honorable seceti Of he treasury ma coed
tie commerce Of the United SHei, IL Vioioh Of we
shs Of Mexico aud IN coniravenioI Of the Ghauont o
,seaty Of rensshP nsyisa"" and eonleice' "hien
binds the United States to MeAlo' g. Hsd ts ionot 70
make known 10 you in the notes which addressed to
tie I'D o: July aud the Ion OF September, 1901
Le crcustsnce thst 10 sccocs with the nrtructious
OF tbe holoIa5e the Secretary Of TIC rury. bis permit
was necessary order thst the CUsor Of New York
might clear vose 70 the sad port Wa the on cause Of ny
application TO the Treasury Department soliciting extra oi
make Known that these arms were oT eAco "e ho LOT the
insurgents Of The United states believing that this would
the honorable the Secretary Of the Treasury ~
the proper rance The aspect OF te thf Of Me-
had changed with respect 10 that in winch 1t was m
/ feLsU ~ last
,rne difficulties existing were then lonser between
Mexico and the European allies but between AicHico and
france and although existed in fact haa not been
declared, ne4ibof I'D kn0" na such oeclaaoh "Aich
had been aade been communicated TO the Govern
mrnt ol tue United States, that tins GOs7nlout lad
taken oiciel notice Of suCh war "Aich aa utsal nk'
hibusterinB "nerpre IN conIavenon OF the most trivial
OF tie OF natous ana etst OI all old
that tai Government nienGed to remain neutral in s war
Had known tits should have dared 10 inform 1t
transaction Which had been gtned into TO TIE los Of IT,
Iists neU;ra nor mach les to ok Il 10 dnthonze IA
violation Of the du.ies when lis neutrality ipos It,
nv DUTY would have 5ccn to advise the agent who to
purchase the arms &c 20 and seek ten ce"hefc oT nee
les could be- ob.eGcd without os to the nights Of the
Uuci states, which h-yc disposed 20 respect in
: the mott gcrbpu!0us Balner.
The hoEyeb the Secretary q The Treasury 81 rs howed
hsel willing concecs the permit asked iori hs nod
tue list o. the Elects "lca were to DO seot - Mtc'
aa upon showing &, to hin, It appeared 90 u that the
number 80 900 muskcs 10 one, and he said 10
me that he would give the permit for expotnus hen in
case that honorable the Secretaries Of tue Nsy cad N
should maze objection 10 the expectation Of the
The honorable tho secretary Of the Nay Jdo nOne and
reary Of AAid tat Le reuael % ro.I& iLe OiGe.