Evening star., 1895-06-19
FUNDS FOR CUBA
A Texas Banker Presents an Inter-
esting Question.
CAN BE ACT 9 Is A DEPOSITARY?
Secretary Of State oIney Makes ar
Extended Reply.
CITIZE EMS UTY

A few days ago Secretary Olney received
letter from Mr.. John P. Massey. cashier
of the Farmers and Merchants National
Bank of Waco, Tex, raising an interesting
question in regard to the Cuban insurrec-
ton. He said:
Il 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
l could hear from your department as to
whether we would. by so doing lay our
selves liable to prosecution under the neu-
trality 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
Il, myself, am in entire sympathy with
the cause of Cuban Independence and I
attribute the Singing out of this bank to
that fact being known to few who are
identified with the cause in that country
1t Is needless to say that from bus-
ness standpoint it would result in great ad-
vantage to this bank, and l hope you will
see your way clear to allowing us to pub
lish acceptance of the trust to the world"
Secretary OIney's Reply.
Secretary Olney responded to Mr. Massey
in letter of yesterdays date as follows:
Il have to acknowledge the receipt CT
your favor of the 18th instant and to note
the inquiries therein contained.
whether the bank or its officers could
be criminally prosecuted under the neu-
trality laws of the United States because
the bank had knowingly made itself de-
postory of funds contributed by sympa-
thiZerS in the United States in support of
the present Cuban insurrecton is a ques-
ton as to which opinions may differ and
ip1, tfcf,
the adjudication of the proper court Should
a bank engage in such a transaction, and,
as you suggest, publish its acceptance of
such a trust to the world it would be my
duty to call upon the Department of JUS
tice to test the question whether or not
the proceeding was 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
in aid of hostilities against 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.
You ask me not merely as to your techni-
cal legal liability, but also as to your moral
obligations. adding for we are all too
loyal to our own c6urtry to seek to over
throw, in any sense, her laws
Il 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
heen eXpounded by no less an authority
than the Supreme Court of the United
States in the following language:
The Intercourse OF This country with for
eign naticrs and its policy in regard to
them are placed by the Constitut on of the
United States in the hands of the govern
ment, and its decisions upon these subjects
are obligatory upon every citizen of the
Union. He is bound to be at war with the
nation against which the ar-makfng pow
er has declared war. and equally bound to
commit nc act of hostility against a ma
ton with which the government is in
amity and friendship. This principle is
universally acknowledged by the laws Of
nations. 1t lies ct the foundation of all
government, there could be no social
order or peaceful relations between The
citizens of different countries without it.
1t is, however, more emphatically true in
relation to citizens of the United States.
For as the sovereignty resides in the peo-
pie, every citizen is portion of 1t, and is
himself personally bound by the laws
which the representatives of the sovereign
ty may pass, or the treaties into which
they NAV enter. within the scope of their
delegated authority. And when that au-
thority has plighted its faith to another
nation that there shall be peace and friend
ship between the citizens of the two coun-
tries, every citizen of the United States is
equally and personally pledged. The COM
pact is made by the department of the gov
ernment upon which he himself has agreed
to confer the power. 1t is his own personal
compact, as a portion of the sovereignty
in whose behalf 1t is made. And he can do
no act nor enter into any agreement to
promote or encol rage revolt or hoStilltleS
against the territories of a country with
which our government is pledged by treaty
to be at peace without breach of his
duty as a citizen. and the breach of the
faith pledged to the foreign nation"