Birmingham age-herald., 1895-06-20
BANK /NsSKER'S DILEMMA
oED Foa cuBAN REg0LGu0NiSTs2

Washington. June 19.-Secretary Olney
has practically defined the position
American citizens should assume toward
the Cuban insurrection in a letter to a
Cuban sympathizer. the cashier of a
bank. who wrote Mr. Olney for advice
in regard to receiving contributions to
the insurgents cause on deposit at the
institution with which he is connected.
The bank cashier wrote as follows;
Farmers and Merchants
National Bank,
Waco, Tex, June 49,
Hon. Richard Olney, Secretary of State:
l have been approached by alleged
agents of the Cuban insurgents with the
view of securing this banks consent to
act as depository for contributions from
sympathizers in the United States, but
have withheld consent until such time as
/ could hear from your department as to
whether we would by so doing lay our
selves Liable to prosecution under the
neutrality laws. This we desire to avoid
not only technically, but morally as well,
Tor we are too loyal to our country to
seek to overturn in any sense her laws.
L myself am in entire sympathy with
the cause of Cuban Independence and 1
attribute the singing out of this bank
to the fact being known to a few who
are identified with the cause in that
country. 1t is needless to say from a
business standpoint it would result in
great advantage to this bank, and L
nope you will see your way clear to al
low us to publish acceptance of the trust
to the world JOHN p. MASSEY,
Cashier.
10 thls the secretary of state replied:
June IS, 1895.
Whether the banks or its officers could
be criminally prosecuted under the neu-
trality laws Of the United States, be-
cause the bank had knowingly made it,
self depository of funds contributed
by sympathizers in the United States
for support of the present Cuban insur-
rection is a question as to which opin-
ions may differ and which can be satisfac-
torily answered only by the adjudication
OF the proper court. Should a bank en-
gage in such tranaction and, as you
suggest, publish its acceptance. Of such al
trust to the world, ii would be my duty
to call upon the department of justice
10 test the question whether or not the
proceedings was a crime against the
United States, 1t might also be my duty
TO suggest whether a bank holding a
United States charter does not abuse its
franchises and furnish ground for their
forfeiture by acts of hostilities against a
nation with which the United States is
at peace.
l do not anticipate, however, that any
thing done by your bank or officers is
likely to promote the solution of the in
teresting legal questions your letter pre-
sents.
You ask me not merely as to your legal
technical liability, but also as to your
moral obligations, adding for we are all
700 loyal TO our country to seek to over
throw in any case her laws"
II heartily commend the sentiment of
the quotation and am in a position to
say that your moral duty in the premises
does not admit of the least question. 1t
has been expounded by no less an au-
thor1ty than the supreme court in the
IoiloWlng language; THE intercourse of
this country with foreign nations and
Its policy in regard to them are placed
by the constitution of the United States
in the hands of the government. and its
decisions upon these subjects are obli-
gatory upon every citizen of the union
lie is bound to be al war with the nation
against which the war making power
has declared war, and equally bound to
commit no act of hostility against a
nation with which the government is in
amty and friendship. This prfnciple
is universally acknowledged by the laws
OF nations. 1t lies at the foundation of
all governments. as there could be no
serial order or peaceful relations between
the citizens OF different countries with
out 1t. 1t is, however more emphatic
ally true in relation to citizens of the
United States, for as the sovereignty re-
sides in the people every citizen Is por-
tion of 1t, and is himself personally
bound by the laws which the represent
atives of the sovereignty may pass or
the treaties into which they may enter
within the scope of their delegated au-
thority. And when that authority has
pllghted its faith to another nation that
there shall be peace and friendship be-
tween the citizens of the two countries,
every citizen of the United States is
equally and personally pledged The
compact is made by the department. OF
the government upon which he himself
has agreed to confer the power 1t is his
own personal compact as a person of the
sovereignty in whose behalf 1t is made.
And he can do no act or enter into any
agreement to promote or encourage re-
volt or hostilties against the territories
of country with which our government
is pledged by treaty to be at peace with
out breach of his duty as citizen and
breach of faith pledged to the foreign
nation"
Trusting you will find the foregoing to
be satisfactory answer to your inqui-
ries, and that your bank, yourself and it's
other officers will proceed accordingly,
am, sir, your obedent servant,