The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-06-29
NEUTRALITY LAW.
cLSEY DEFINES THE POSITION
Americans Should Assume Toward
Cubac Insurgents.

Secretary olney has practically defined the
toward Cuban insu-rection. in letter to a
Cuban synpathizer, the cashier of a bank,
who wrote to Mr. Oirey Tor advice with re-
gard to receiving contributions to the in
surgepts' cause on deposit at the institution
with which be is connected. The bank cashier
write rs follows:
/ Farmers and Merchants National Rank,
Waco, TeX.-Hon- Richard Olney. Secretary
iof State: I have been approached by alleged
agents Of the Cuban insurgents with the view
depository for contributions from sympa-
;thieers in the Enited States, but have with
held consent until such tine as / could hear
from your department rs to whether we
would, by so doing lay ourselves liable to
prosecution under the neutrality laws. This
We desire to avoid no: only technically but
morally as well for we are too loyal to our
country to seek to overturp. y any sense,
her laws.
Il, myself. an in entire sympathy with the
cause Of Cuban independence. and attri-
butte the singing cut OF this bank TO that
fact, being known to few who are identified
with the cause in THAI country. L is needless
TO say that from a business standpoint it
would result in great advantage 10 this bank,
ano I hope you will see your WY clear in
allowing US to publish acceptance OF thetrust
to Ehe world JOIN P. MAssET.
Cashier"
To this the secretary Of state replied:
whether the bank or its officers could be
tcriminally prosecuted under the neutrality
flaws ofthe United States because the bank
had knowingly made itself depository Of
the funds contributed by sympathizers in
the United States. io support of the present
Cuban insurrection. IS g question as to which
opinions may difIeS and which can be salts
factory settled only by the adjudication OF
the proper court. Should bank engage n
such TRANSACTION, and, rs you suggest,
publish its acceItance OF such trust to the
world. 1t would be my duty to call upon the
department OF justice to test the question
whether or not the proceeding vas crime
against the United States. It migat also be
my duty to suggest whsthe- bank holding
Uuited States charter does not abuse its
franchises and furni1.n ground for their for
felture by acts IN aid OF hostilties against
nationwith which the United STATES is at
peace.
II do not anticipate, however. that any
thing done 6y your bank or It's officers is
hkely 70 Ifomote the solution Of the inter
est!ng lGssl questions your letter presents.
20 ask me not merely as to your tech
n1c.A legal liability. but also as to your moral
Obligations, adding 'ior we ere all too loyal
TO our country to seek to overthrow, in any
case, her laws I heartily commend the
sentiment Of the quotation and am " a posi-
ton to say that your moral duty in the pre-
misses does not admit Of the least question.
It has been expounded by no less IN author
lty than the supreme court 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
'Uaited States in the hands OF the govern
;ZneDt and its decisions upon these subjects
are obligatory upon every citizen OF the
union. Heis bound TO be at war with the
ssSg Sas sguisFsa aisa var ssd M saaay 5cdnd Is con-
1ait no act Of hostility against {; nation with
which the governments in anity and friend
ship
'fThis principle is universally acknowl-
edged. by the laws Of nations. 1t lies at the
focn aation Of all governments, as there
could be no social order or peaceful relations
Between the citizens OF different countries
vAthout il. It Is however. more emphatlcal-
Ay true in relation to citizens Of the United
States. For as the sovereignty resides IN
the people. every citizen is portion OF 1t
and is himself personally bound by the laws
which the representative Of the sovereignty
NAV pass, or the treaties into which they
may enter. within the scope of their dele
gated authority, And when that authority
has plighted its faith to another nation that
there shall be peace and friendship between
the citizens Of the TWO countries. every clti-
zen of the United States is equally and per-
sona]ly 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
norton of the sovereigntv in whose behalf
it is made. And ne can do no act, nor enter
into any agreement to promote OF encourage
revolt o- hostiities against the territories Of
country with which our government ts
pledged by treaty 10 be at peace. without a
breach of his duty as q citizen and a breach
of faith pledged to the foreign nation.
Trusting you viii and the foregoing q
satisfactory answer TO your inquiries, and
that your bank, yourself ard its other Off
GERS will proceed accordingly. I am. sir. your
obedient servant, RICHARD OLNEY."