JAMES SPEED, Attorney General to William H. Seward, March 24, 1866

Mr. Speed to Mr. Seward

Sir: I have the honor to acknowledge the receipt of your note of the 24th of March, together with a copy of a letter from Mr. Romero, the minister of the Mexican republic.

Mr. Romero says that he has been informed that agents of the “usurper Maximilian” have purchased in New York five thousand muskets, and that “they are to be shipped to Vera Cruz, not as private property, but for account of the said usurper.” Mr. Romero asks that the shipment be not allowed. You ask my opinion whether there is any law or regulation now in force prohibiting the exportation of arms for the account of any person whatever, be his political designation real or assumed, or of any government.

This question is fully answered in my opinion delivered to you on the 23d day of last December.

The opinion of the 23d of December was given upon a complaint of Mr. Romero that General McDowell, commanding the military department of California, had prohibited the exportation of arms or munitions of war by the frontier into Mexico. That opinion is to the effect that General McDowell’s order was unlawful.

I can perceive no difference in principle betwixt that case and this. So far as neutrals are concerned, belligerent parties are equal.

I know of no law or regulation which forbids any person or government, whether the political designation be real or assumed, from purchasing arms from citizens of the United. States and shipping them at the risk of the purchaser.

I am, sir, your obedient servant,