New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-03

the latter port-charged with the duty Of obtaining
what was needed, and especially mules aud wagons
A letter from the Mexican Consul at Havana ap
prised the Mexican Minister here of what was going
on and on the 9th Of November he called on Secre-
tary Seward 10 tell him the facts, that being in poe
session Of them he might take what course ne saw
fit. About the end Of November, having received
instructions from HE Government that he shonld ask
ahe Uned States to stop the expectation oil wagons
ard mules for the French army of invasicn RS being
contrary both to the treaty between the two powers
and TO the law Of nations, NJ Romero laid them DO.
fore Secretary Seward.
The question was referred By him TO Secretary
Chase, whose brief opinion, supported by several
Citations from American authorities, chiefly drawn
from the instructions of Mr.. Webster in regard to
questions arising while the war was wagng between
Texas and Mexico, 10 the effect that the United
States Government could not intoifere with the
mission Of tie French officers; that if our citizens
chose to sell articles contraband Of war TO belis-
erents, they might do 70, subjectpg themselves to
the risk of the penalties prescribed by the law OF
nations in such cases, If caught by those aeainS'
whom their operations were directed.
Mr. Romero answered this brief opinion at length
referring to the standard autbOros on interhatopa
law, to the treaty with Mexico, which expressly
n,obibils tie importation Of contraband oil war 10
nation at war with either Of the parties TO the
treaty. naming as one Of the articles contraband,
horses. and also calling attention 10 the transaction
in the matter of the attempted transportation OF
arms for the use of Mexico, referred to above
which. as the communication pauslbly urged, were
ne necessary 10 Mexico rs wagons and mules are 10
the French, and no more necessary. To this, Bee
retary Seward responded that the grounds upon
which the prohibition 10 the case of arms and the
permission in the case Of other articles contraband
of war stood, were essentially different, aud that
he United States intended to observe the siiiciest
neutrality in TIE war between France and Mexico
The Government had Issued general order pro-
hibiting the expectation Of arms to any country
whether at peace or war with the United States Tor
the reason that she needed oil the arms within her
borders for the use Of her own soldiers engaged In
uniting down the rebellion, and for the further
reason that ehe was unwilling to send any arms
where they might fall into the bands OF the Reoes'
But "a regards other coatraband of war this reason
did not apply Wagons, mules, railroad ties and
OIL er articles of that description might he lawfully
sold by citizens of the United States ard purchased
by foreigners all parties to the transaction running
the inevitable risks Of the business.
To this Mr.. Romero's rejoinder to which Mr..
Seward has not yet replied, is long aud elaborate.
lie raises in diplomatic phrase question as to The
existence of the prohibition order alleged, aud
grounds his doubts upon the ignorance Of The Secge-
tary Of the Treasury ind of Collector Barney OF its
existence before Secretary StantOns referelcc to IT.
and the apparent ignorance Of Collector Barney
aferward, since he WAS willing to grant the clear
ance TO Canada and upon the fsct that the clearance
for guns have been since granted
Uponthe other branch ofthe question, he arguesthM
,he United aes soccupyng The same ground in this
matter, which she quaireied with England Ter tax
lug as regards herself and in support OF ths view,
che quotes from the diplomatic Iapers Just issued
from the State Department several dispatches OF
Minister Adams and Secretary Seward to the effect,
that England was not neutral in our domestic con-
test in that, she permitted the Rebels TO export
arms, ammunition, and money against the remons-
trance of our Government.
THUS the matter stands at this moment, aud we
leave the facts they are, without note or comment