The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-06-20
ADVICE FROM OLNEY
DUTY Of CITIZENS IN REGARD TO
THE NEUTRALITY LAWS.
Answer to a Banker Who Wanted to
Receive Funds in Aid of Cubans-
Strength of Insurgents.

WASHINGTON, June 19.-Secretary Oh
ney has clearly laid down the duty of citi-
zens of the United States in the observ-
ance of strict neutrality, as between the
Spanish government and the Cuban insur-
gents. not only touching armed assistance,
but also as TO rendering aid and encour-
agement in financial way. The occasion
for this exposition is fully explained in the
correspondence given below. On June 13
John p. Massey, cashier Of the Farmers
and Merchants National Bank, of Waco,
Tex, addressed the following letter to Sec
retary Olney:
"Sir-I 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 sympa-
thizers In the United States, but have with
held consent until such time as could hear
from your department as TO whether we
would, by so doing, lay ourselves liable 10
prosecution under the neutrality laws. This
we desire to avoid. not only technically, but
morally as we'll. for We are all too loyal to
our own country TO seek to overturn, in
any sense, her laws. l, myself, am in en-
tire sympathy with the cause of Cuban in
dependence. and L attribute the singing out
or this bank 10 that fact being known TO a
few who are identified with the cause in
that country. II is needless to say that
from a business standpoint ii would result
In great financial advantage TO this. bank.
and i hope you will see your way clear to
allowing us to publish acceptance of the
trust TO the world"
Secretary Olney yesterday replied to
Cashier Massey. as follows:
''Sir-I have to acknowledge the receipt
or your favor of the 18th inst, and to note
the inquiries therein contained Whether
the bank or it's officers could be criminally
prosecuted under the neutrality laws Of the
ingly made itself a depository of funds
contributed by sympathizers in the United
States in support of the present Cuban in
surrection is question as to which opin-
ions differ. and which can be satisfactorily
settled only by the adjudication of the
proper court. Should a bank engage in
publish its acceptance of such trust to the
world, il would by my duty TO call upon
the Department OF Justice to test the ques-
crime against the United States. It might
also be my duty to suggest whether a bank
holding a United States charter does not
for their forfeiture by acts in aid OF hos
tilities against a nation with which the
United States is at peace.
Il do not anticipate, however that any,
thing done by your bank or its officers is
likely TO promote the solution of the inter-
esting legal questions your letter presents
legal liability. but also as to your moral
obligations, adding, For We are all too
loyal to our own country to seek to over
commend the sentiment of the quotation.
and am in position to say that your moral
of duty in the premises does not admit of
the least question. 1t has been expounded
BY no less authority than the Supreme
Court of the United States in the following
language:
THE intercourse of this country with
foreign nations and its policy In regard to
them are placed by the Constitution of the
L Onited states in the hands of the govern
ment, and It's decisions on these subjects are
obligatory on every citizen of the Union.
He is bound to be at war with the nation
against which the war-making power has
declared war and equally bound to commit
which the government Is in amity and
friendship. THIS principle is universally
acknowledged by the laws of nations. 1t
lies at the foundation OF ali government.
as there could be no social order or peace
fGl relations between the citizens of differ
ent countries without il. IL is however.
more emphatically true in relation TO citi,
zens OF the United States. For, as the SOW
ereignty lies in the. people. every citizen
bound by the laws which the Representa- :
uves OF the sovereignty may deem to pass
or the treaties into which they. may enter
thority. And when that authority has
plighted 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 con-
fer the power. 1t is his own personal COM
pact as portion OF sovereignty I'm whose
behalf IL Is made. And he can do no act.
nor enter into any agreement TO promote
OF encourage revolt or hostilities against
the territories of a country with which our
government Is pledged by treaty 10 be at
peace. without breach of his duty as a citi-
zen and the breach OF the faith pledged 10
the fcreign nation
Trusting you will find the foregoing a
satisfactory answer To your inquiries. and
your bank, yourself and its other officers
VIII proceed accordingly. l am. sir. your
obedienf servant
The Raleigh. which was ordered from
New York To the Florida coast TO prevent
the departure o.. nlibustering expeditions