Savannah morning news. [volume] (Savannah) 1868-1887, 1885-12-15

| government nor any officer thereof, as have
shown you, has any right or power TO inquire
4 or TO apply any test whatever, or 20 decide
! such question, and TO do SO would constitute
an lnlracton OF the express letter, and an
! invasion OF the pervading spirit of the su-
preme law OF this sland.
AUsTRIA's RIGHTS RESPECTED.
"While thus making reply to the only rea-
| son stated by your government. as the cause
| OF its unroauiness 10 receive Mr.. Kelley, per-
nit me also to remark, that the President
fully recognizes the highly important, and
eide for Itself whether an individual present.
ed as the envoy OF another State, Is, or ie not
an acceptable person. and In the exercise OF
us own high and friendly discretion, to re-
| leye or not, the person so presented. rms
| right SO freely accorded by the United states
to all other nations, its government would in
sist upon. should an occasion deemed To be
Il. F. BAYARD."
THE BARoN's REPLY.
To this communication Baron schaeffer re-
piled on May ID that he did not feel author
ized TO discuss Mr.. Bayard's arguments but
had transmitted them 90 his governments, and
no repeated his friendly verbal request that
MIR. Kelley might not reach Vienna before a
confidential agreement to his acceptance"
On May 80 Mr. Bayard wrote TO Baron
Schactter, and presented the views OF TINS
government with respect TO the point which
| had been advanced by Count halnoky IN his
dispatch Of May 4. and which Mr. Bayard had
set aside for more convenient examination.
NO PREVIOUS EXAMINATIoNS,
In his telegram of objection, Count Kalnolly
desired that the attention of thi6 government
be directed to what he designAtes as generally
existing diplomatic practicc,tO ask previously
TO any nomination of a Minister abroad the
consent of the government to which ne IL 10
be accredited. Mr.. Bayard says that a care
fu search OF the annals Of this government
dlsclOscs no case In which the ability OF an
envoy from the United states was inquired
about or ascertained in advance OF his APP
p0lntment
IMPRACTICABLENEss OF THE PRACTICE.
Ho adds that whilst such a practice may
prevail among European States there are i'm .
purtHnt reasons why in this country IL should
never have been adopted and why Its adop-
tiOn would not be practicable or wise, our
system of frequently occurring elections az
and policy OF this government. The fact that
q change In these respects might render 10
difficult or impossible to procure the
consent Of foreign government
to the Appointment OF agents whose
views were in harmony with the latest
prevailing expression Of public opinion in
this country; chat the United states docs not
employ tho services Of professional diplomats
| aud has no titled or privileged class 10 select
from the performance of such duties, ana
hence that IL is constrained To choose lts rep
resent tatives abroad from those who have been
bred TO other pursuits are set forth by Mr.
| Bayard as among the controlling reasons
/ against the policy here suggested.
PACIFIC TO THE END.
| Mr.. Bayard calls attention 20 tho fact that
| he had at the earliest opportunity given mo-
| tice of Mr.. keileys appointment, ana con-
cludes with the hope that the Emperor Of
| Austria will find in the appointment OF Mr..
| Kelley no sufficient ground to reject him In
| his Official character because MS malestys
| sanction had not been previously asked.
John NJ. Francis, then United states Min
lister a. Vienna, on June II notified Mr.. Bay-
| ard that he had been informed that the
| Austrian office had raised serious objections
| to receiving Mr.. Kelley because friendly
| government and a near neighDOr had OBJ
| ected 10 him as the United States representa-
tive at It's court and had voiced its objections
| since the President had appointed Mr.. Kelley
| as United States Minister 70 Austria.
INTOLERANCE DENIED.
1.-THE alleged fact" Mr.. Francis writes,
shat his wife was a Jewiss did not influence
the judgment OF his Majesty's government In
the premises, for Austria is tolerant and
/ liberal in respect Of religious matters, but IL
cannot prescribe society usage which
might be unpleasant in that re-
| gard" On June 30 Mr.. Francis
| comm unicated 90 the State Department eX-
| tracts from the Vienna Reao Freie Press tevi-
| IDENTIFY inspired by Count kalnokyl. IN which
| IL is intimatcd that Austria refuses 10 receive
the Virginia lawyer" solely out OF respect to
petc entente between them. There ia also
reference 20 ''want Of political tact" but not
| a word about Mrs. Kelley.
INTOLLERABLY MEDDLEsOME.
In further correspondence with our lega-
| tiOn at Vienna, then in charge OF James FER
/ mer Lee a. secretary, Mr.. Francis having re-
| turned home. Mr.. Bayard says that on the
| face Of Count Kalnoky's telegram 10
| Baron S0hae1er and communications both
written and verbal made 70 him by
ports Of his interviews with tho Austrian
| fore IN Office and In Count KanOky's state
ments in an interview with Mr.. Lee,
two facts appear hrst that the
alleged race and religious faith OF the welded
| wife Of an envoy Of the United states Is held
the cause Of his rejection, and further that
/ the objections ny thlrd party-"a
| friendly pOWer"-are necessary 70 be removed
in order TO allow proper reception 20 be
extended.
INHIBITED BY THE CONSTITUTION.
These conditions are simply int0lerable. and
/ are in the case Of the United states. not only
/ inhibited by the PLAN, letter, and undying
| spirit Of our cOnstitutiOn OF government. but
/ are inconsistent with that decent self-rcspect
| which fOrbids a nation Of OO0OOOOO Of Tree
| men to accept position OF diplomatic de-
| pendencY of a "friendly power" whose be i.
| hests appear 10 have been acquiesced IN and
| carried out by Austria Hungary Ia tho pres
/ Cut instance.
| Mr.. Bayard informs Mr.. Lee that the is-
| sues thus raised are grave, and viii be sub
mittcd 20 Congress at its next meeting.
secretarg Baysrd writes 10 Mr.. Kelley, un-
/ der date Of Sept. 10, acknowledging the receipt
Of his letter of resignation as Minister % Aus
Z tra. and saying the reasons no aesfns FOR
/ such action are "conBonant with your own
| dignity ami personal character ~ an upright
citizen and honest public eerVant." He adds
| that the iresidcnt and his Cabinet are com D.
I pletpty satisfied with his fkcley'a uttitnde
| and action throughout "this remarkable cpl-
| sode in our Diplomatic history. and all deeply
/ regret that the country has been proven ted, ,
/ Of tho Austria-Hungarian Government,
/ presence at Vienna. ] will not be-
Z iieve that the people OF the Unitod states
Will ever consent 20 the creation or enforce
ment OF such tests A. have been insisted upon
by the government OF Austria Hungary. -
WILL AWAKEN INDIGNATION.
Such action must naturally awaken wide
spread hmhIemcnt. coupled with Indignation
and resentment. whom the history OF the case
Is made public, nor do ] believe these
/ continents VIII be conhned to
onr own country, but that
/ wherever religious liberty ia valued and re-
| spected common judgment will be- formed
Whilst the immediate cause for your yolun-
I tary act Of severance Is 20 be regretted ! con-
| gratulate you that your name Is hOnOraDly
I associated with the maintenance and vindlca-
/ soul of .onal liberty and which be- at the
/ foundation of our government. To De allied
I with such principles h an honor AZ al times,
1 with success as certain hnalty'
Death of Commodore Loundes.
EAsrON, ND, Dec. 14.-Commodore
/ Charfna .oundne diod fhie mornfuu nj his