New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-15

This is a government Of laws and an authority exer,
cised must find It's and warrant thernnner IL
is not within TIE power Of he Presdent nor OF con,
gTess nor oil any judicial tribunal IN the United 9ttv 10
into or decide upon the religious belief OF any ohca.'
aud the piOposilOntO allow ms 10 ne zone " "S r.;
eiyn Government is necessarily AMI yo"'ors
dsfrauchisa OF our zens because Of their re-
glous belief and thus nllar or destroy the most I'm
ant end which our constitution OF government
intended TO secure Religious liberty Is the chei corner
stone Of the American systom OF government anu pl'
visions for its security are hhbcuIc9 ~ 'ns 49,
aud interviewer in me moral fablc OF ~ 10"
Anything tends TO invade night so essential ana
sacred must be carefully guarded AGAINST ana am 81,
and sacrifices necessary obtain H. Will never consent
to Impairment for any reason or under any pTt'eAt
whatsoever In harmony win ths eS,cntiI A,m - i a
almost equally potential unwritten law OF american
society that awards respect aud delicate eohsiaeto
to the women OF the Uuted ates anu e1Iyts
In the treatment at home and abroad, or inc mOthe'
wives and dau -hters OF the republic.
The We are now considering IL thot"i an ehVoy
OF the United states uuquest'naOy ntcu' hoiaI} anu
friendly G0yetunent toward sAlch ne j. IuI "a ~
we'll affected. who I'm accordance win ihc laws OF hs
country has long since lracted ana ms IVA
an honorable MARRIAGE ana Nio.c r1inot ., Ia, H..
foreign Government IN question - o9ecteH 10 ny u
To encraiu religious fatl which held by very many
u tho most houorca and VALUED citnps of the Ublt'd
trine and pract destructive Of religious liberty and
freedom of conscience 81 devoid Of caihohcy ana so
COR be accepted by the great family OF Civilized
nations he allowed u central their diplomatic inter-
ccped by the pconle Of the United States nor by any
Administration which represents their sent nentS
Permit me therefore, being animated only ny me SIN
cerest desire to strengthen the urs or friendship anu
mutual respect between the governments we Ie-pee-
lively represent most earnestly and fcspectlulF u
careful consideration OF ms note ana 10 request
your Government to reconsider tie views you nave
communicated ma In respect OF the possible reception
of Mr. Kelley on the mission OF ahity ana mutual "u
vantage which. IN the nmpest good fath. lie was Sc. Sc
lected by this Government to perform. iuto the
religious belief of its envoy, or that OF any member OF
MS family. neither This Government nor any ohcer
fhpp of a. have
inquire apply any test Whatever or to decide sucI
nurstion and To do so would constitute iniraction Of
the express letter and an Invasion OF the perFadhg
spirit Oi the supreme law of THIS and
your Government AS the cause unrcadness to re-
ceive Mr. Kelley. permit me also To remark thdj te
President fully recognizes the hghly important and m.
doubted right every Government to decide for itself
whether the Individual presented the cuvoy Of an
other state is or Is not an acceptable person. ad III me
exercise Of lis hsh and friendly discretion to re-
ceive not. the person so presented ms right so
freely accorded by the United states to all other nations
its 6overnment would insist upon, should an occasion
u''iH'" u &c proper "'''' 1''''r ''' +. T. BAYMD
SECRETARY BAYARD'S ARGUMENT
To this communication Baron Scharier replied on
May that lie did not feel authorized to diseases Mr.
BayarNs arguments but has transmitted them to hi'
Government and lie repeated his friendly verbal req
that Mr. Kelly night not reach Vienna before the con
fdentiaI agreement 10 his acceptance On May 20 Mr
Bayard wrote To Baron Sch"en'r anu pIcsth,rd
the Of this Government with respect to point
which had been advanced by Count KnnOky IN h : DIS
patch OF May = ana whch dr Bayd n"u SCI dsiue Tor
convenient examination Ia his telegram OF Otc-
ton Count KauOky desired that the attention OF thus
Government be directed TO what ne deNehaltS rs the
general existing diplomatic practice ask previously 10
any nomination of minister 4hroad ne consent OI TIE
Government 10 which ne l. to be accredited.
Mr. Bayard tnat careful search OF the annals OF
this Government diSclosrs In which the acccpt-
biity O an envoy from the United safes Was inquired
about ascertaued in advance 81 h7 appointments lie
also states that whilst such practice may prevail among
European states. thrre are lWotid u reasons N.Y.
this country. II should never have been adopted, and
wise. Our system OF frequently occurring
elections ahordns an tunll 10, c!'ltr V 'he
change these respects might render IL difficult or i'm
possible to procure the CONSENT the foreign Govern
harmony with the latest prevailing expression Oi
puhIc opinion IN tins country; that The United states
ana has Titled or privileged class 10 select from FOR
the performance Of such duties. and hence ta u - on
who have been bred 10 other pursuits. are set i0u 10y
Nj Btyard a. among the cnir ,lhus reasons AGAINST
the policy here suggested Mr. Hay1rd calls attention
the fact tuat he lad ~ the earliest Opportunity gwen
nor Se Oh MI, hgii,S y, | , az , u t, e. t
appniument Of Mr. Kelley sufficient ground 90 re-
jrct INN IN his oiIcial cnaactrr ctuse bis Jcstys
sauc.I had not prcvlous., been ASKED.
Vienna on june Il informed b.. Gayafd thar hc had
been informed y Nj zJgc.yl that tue Au-trdu iHrcgu
office had raised seriuu> objections 10 RECEIVING mr.
Kelley. because friend j. Government, near neigh
bpr had OBJECTED mn the United states Representa-
SIS aud had VOlccd s objections sine" ia"
Minister TO Austria me alleged fact Mr. Fr,uci,
writes, that hIs wife Jewcss did not influence
the Iud.mcnt OF MS MAJESTY ~ Totrrhhrut III %.
premises for Austria Is tolerant ana liberia. 90 respect
Frames further writes Oh June Il that the main reason
not onIy the action Of ray. bal NJ KcI,y'- p.D
lie uterGLc-s, WnCI were OF cIIrJc.c agreeable
to II ME FRANCIS says MAJ I'D WIN ".i,
haI cvressei elrct that he fact mat Austria hal
irctrd mad MT en- sufficient without making tine Ira-
sons I"f 1uch o' ZION matter I'r SION ''Ip'
the world Surl the COHnt SAID. would have been the
ON Jane 81 Mr. Francis com unni-alri 20 fhc State
Drpa rimcut cArtcis from the NI"auI Nsr Fr'io Yrss
that AuStra refuses L. receive "tue Virginia law .,r
solely ont 81 Respect To liaiy aud with view 10 cvI
worl about Mrs. Kelley. Nj BAyarl July !. trans
correspondence, expressed The opinion That
some influence other than appeared therein
eminent SAID that the President was dc.rous for the
coniiuuince and promotion Of good Wilh Aus
ure Of our self respect and tha tle objections
aud instructed Mr. Francis gain to prc-cn; r-qur,
letter Of recall aud turn over the legation to h. ,ccrr-
tary, If not relieved by his successor. on August
g. James Fenner Lee then SECRETARY Of
Bayard that the Austrian Government could
not receive Mr. Kelley. and had asked he United States
to appoint another Minister Ia letter to Mr. Eayart
on tue same date Mr. Ice communicated The substance
OF an interview held with Count kanoky IN winch the
Count held that the refusal t. receive Mr. kreydocs nut
involve any question OF liberty of conscience aud said
that thc Italian Ambassador had not approached HIM
NO DIPLOMATIC DEPENDENCY.
Mr.. Lee writes TO Secretary Bayard un Ter date Of
October 9. detailing interview he had with Count
kalnOky in which the latter admitted that
Snden-r made mistake IN conducting the Hrgoti ions
with regard to Mr. Keliey's reception ia writing, aud
0eniei than Nj Szogenyi could nave said what Mr..
FrauCl, reported MIA saving IA interview with HIM
June 10. Mt SZDgcuyI also denies thai he sad my
thme implying that Italy hal made any objection to Mr.
KeI'ys reception ON August 81 Mr.. Bay ard. ia long
COMMUNICATION To Nj Ice reviewing tho case ia detail
writes: by no act OF nIne nor with my consent,
tn" Government OF the United states he placed ~
attitude Of suppIcatOn for favor become petitioner
for recognition ON rms prescribed by any foreign
Power, aud TINS expression meets The full ap-
proyal OF the Executive. There j., Therefore and
he, no suggestion Of eNpOstu.atlOn protest
by rs against the unprecedented action Of The
Government OF Austria-iIun2ary. All that has
been said and written by us has been designed 10
IL clear that rs between the revocation Of Mr. Kelley,
appointment by this Government and hts rejection a.
an envoy by that of his Imperial and Royal Majesty.
the responsibility 0i The hnal decision must rest N.tl
the latter which having now signihei It's determination