New national era. [volume] (Washington, D.C.) 1870-1874, 1872-05-09

Since Senators Sumner and Schurz have
made so much ado about the supposed viola
ton of our neutrality obligations by the sale
of arms to men who, it is alleged, were agents
of the French Government, it may not be
amiss to furnish some authority on the ques-
ton as to whether such sales, if made, were,
after all, violation of our neutral obligations
according to international law as well as oul
own law In 1898 Alex. Hamilton, as Sec
rotary OF the Treasury, under President
Washington, issued a circular to the revenue
officers, in which he says: The purchasing
and exporting, by way of merchandise, any
articles commonly called contraband, being
generally warlike instruments and military
stores, are free to all parfies.'"
In 1876, Hon. Charles Lee, of Virginia, the
Attorney General of the United States, de-
livered an opinion on neutrality, in which he
declares +" that an enemy may come into the
territory of neutral nation, and there pur-
chase and thence remove any article whatsO-
ever, even instruments of war, is law of ma
tons long and universally established.
"TO deny right to either of the belliger-
ents to carry on this trade, without denying
it to both, would be a. departure from that
line of perfect neutrality which the United
States has invariably observed.
" 1t Is true this right may be denied to all
nations, by law to be passed for that pur-
pose at this time but, if the reason for pass
ing such a law be to impede the military OPP
erations of either belligerent power, and to
favor the other, it is manifest such conduct
would be breach of neutrality; conse-
quently, while the FrenciI and the British
are equally permitted to purchase horses
(Which by treaty were declared contraband)
and export them from any of the States, as
may heretofore have been and are now per-
mtted, neither have any just cause of COM
plant.
"Indeed, may add here that if the indi-
vidual citizens of the United States carry on
a contraband commerce with either of the
belligerent powers, neither can charge that
upon the government of the neutral nation
as departure from neutrality.
Forfeiture of the goods and ship, is the
penalty annexed to such acts by the law of
nations; and if this were not so, it would be
in the power of individuals to involve the
neutral nation in war against its will
In 1925 the President was authorized, by
act Of Congress, to cause to be sold any
ordnance, arms, ammunition, or other mill
tary Stores" enumerating many other arti-
Giles, and for thirty years the Government
has practiced the selling of military stores.
In 1868 Congress authorized the Secretary
of War to sell, at public or private sale, cam
non, arms, and other ordnance stores. So it
would seem that the officers of the Govern
ment acted under authority of Congress in
| all that they have done, and what is more,
neither our own neutrality laws nor the law
of nations forbids our selling goods contraband
of war to either belligerent during their war.
So we see nothing after all that these dissat-
| isfied Senators can hang a complaint on
against the Government in anything that has
been done in selling ordnance stores.-Jack-
| SON Miss Pilot.