Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-06-20
,r,~ Avn MERCHANTS Ma

FARMERS AND MERCHANTS M
/ TiONAL BANK,
WACO. TEX.
"Hon. Richard Olney, Secretary of STATE:
81 have been approached by allrS"
! agents OF the Cuban insurgents WIN
! view OF securing this banks consent u
act ne depository for contributions from
sympath.zers in the United STATES Du'
have Withheld consent until such tim as
] could hear from your department as u
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 we'll
for we are too .oyal TO our country 10 seek
10 oyerturn, III any sense. her laws.
Il myself am in entire sympathy win
the c1use OF Cuban independence, aad
attrbate the singing out of this bank 10
that fact being known 10 Few VINO are
Identified with the cause in That country
II Is needless 10 say that from business
standpoint 1t would result IN great al
vantage TO this bank. and hope you VIII
sse your way clear 10 allowing Us To pup
lish ain acceptance of the trust to the
world JOHN +. MASShh'
Cashier"
To this the Secretary OF state replied:
whether the bank or It's officers could
he criminally prosecuted under the neu-
trsiity laws OF the United States. because
the bank had knowingly made itself
depository OF funds contributed by sym
pathizeIs in the United states IN support
OF the present Cuban insurrecton, Is a
question as 10 which opinions may diner,
and which can he satisfactorily settled
only by the adjudication OF the proper
court.
Should bank engage IN such trans
action. and. as you suggest. publish It's
acceptance of such 4 trust 10 the world,
il would be my duty 10 call upon the
Department Of Justice to test the dues-
ton whether or not the proceeding was a
crime against the United States. il might
also be my duty 10 suggest whether a
bank holding a United states charter
does not abuse IT'S franchises and fur
nish ground for their forfeiture by acts
in aid OF h0s,ilitics against nation with
which the United States Is al peace.
II do rot anticipate however. that any
thing done by your bank. or It's officers,
IL likely TO promote the solution or the
interesting legal question your question
presents. You ask me not merely as TO
your technical leCGl liability, but also
as TO your moral Obligation. adding FOR
we are all too loval TO our own country
10 seek to overthrow in any case her
laws
Il heartily commend tho 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. II
has been expounded by no less an author
ity than the Supreme Court. in the fol-
lowing language:
THE intercourse Of this country with
foreign nations. and it's policy in regard
to them. are placed by the Constitution
Of the United States in the hands OF the
government. and it's decisions upon these
subjects are obligatory upon every c.ti-
zen 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 hos
tility against nation with which the
government is In amity and friendship.
This principle is universally acknowledged
by the laws OF nations. II lies al the
foundation Of all governments. as there
could be no social order or peaceful rela-
t!cns between the citizens Of different
q countries without II.
1T is. however. more emphatically true
I'm relation to citizens OF the United
| States. For as the sovereignty resides
| in the people. every citizen is a portion
| OF 1t. and is himself personally bound
| by the laws which the representatives
! OF the sovereignty may pass, or the trea-
| ties into which they may enter. within
the scope OF their delegated authority.
land when that authority has plighted
! its faith 10 another nation that there
shall be peace and friendship between the
| citizens OF the two countries. every citi-
zen of the United States is equally and
, personally pledged.
| "'The compact is made by the depart
| ment OF the government upon which he
| himself has agreed 10 confer the power
| II is his own personal compact as a
! portion OF the sovereignty in whose be-
half II Is made And he can DO no act,
nor enter into any agreement 10 promote
| or encourage revolt or host!lities against
| the territories OF a country with which
! our government is pledged by treaty to
| bo at peace. without n breach Of his
| duty as a citizen and a breach OF the
faith pledged to the foreign nation
Trusting you will find the foregoing a
| satisfactory answer TO your inquiries ana
that your bank. yourself, and its other
| officers will proceed accordingly. | am.
sir, your obedient servant.
RICHARD OLNEY."