Weekly commercial herald. (Vicksburg, Miss.) 1884-18??, 1885-12-18

pOS6u by JOur kON6IHMeuL 10 6uJ6I-
tain certain religious faith, and to be
a member of a certain religious
sect, cannot be assented to by the
executive of the government Of the
American people, but is and must be
emphatically denied. The supreme
law of the land expressly declares that
no religious test shall ever he required
as qualification to any office or pub
lie trust under the United States, and
by the same authority it is declared
that congress shall make no law re-
specting an establishment of religion
or prohibiting the free exercise there
Of This is government of laws and
an authority exercised must find its
measure and warrant hereunder. 1t is
not within the power of the president,
nor Of congress, nor of any judicial
tribunal in the United States, TO take
or even hear testimony, or in any mode
to inquire into or decide upon the re-
ligious belief of any official, and the
proposition to allow this to be done by
any foreign government is necessarily
and fortiori iDadmissable. To suffer
an infraction of this essential principle
would lead to a disfranchlsement of
our citizens because of their religious
belief, and thus impair or destroy the
most Important end which the
constitution of our government was
intended to secure. Religious liberty
is the chief corner stone of the Ameri-
can system of government and pro.
visions for its security are embodied
in the written charter and interviewer
in the moral fabric of its laws. Any
thing that tends to invade right so
essential and sacred must he carefully
guarded against, and / am satisfied
that my countrymen, ever mindful of
the suffering and sacrifices necessary
to obtain it, will never consent to its
impairment for any reason or
under any pEetext. Whatever is
in harmony with this essential law is
the almost equally potential unwritten
law of American society, that words
of respect and delicate consideration
to the women of the United States,
and txacts difference in the treatment
at home and abroad of the mothers,
wives and daughters of the Republic.
The case, We are now considering, is
that of an envoy of the United States,
unquestionably fitted, whose presence
near the foreign government in ques-
tion is objected to by its agents
on the sole ground that his
welded wife is alleged to entertain
religious faith which is held by
very many eff the most honored and
valued citizens of the Unite States.
1t is not believed by the president that
the doctrine and practice so destruct-
i've of religious liberty and the free
dom of conscience, so devoid Of cathol-
icity and so opposed to the spirit OF
the age in which we live, can for a
moment be accepted by the great
family of civilized nations. or be al
lowed to control their diplomatic in-
tercourse. Certain it is, it will never
in my belief be accepted by the peo-
pie of the United States, nor by
any administration which represents
their sentiments. Permit me, there
fore, being animated only by the sin
cerest desire to strengthen the ties of
friendship and mutual respect between
the governments we respectively rep
resent, most earnestly and respect
fully to crave careful consideration of
this note, and to request your govern
ment to reconsider the views you have
communicated to me in respect TO
the probable reception OF Mr.. Kelly,
on the mission of amity and mutual
advantage which, in the amplest good
faith he was selected by this govern
ment to perform"
Mr.. John M. Francis, then United
States minister at Vienna, on June
18th, notified Mr.. Bayard that he had
been informed that the Austrian for
eign office raised objections to receiv-
ing Mr. Kelly, because Italy had OBJ
iected to him, and not because his wife
was Jewess. The Austrian govern
ment also objected to Mr.. Keilly's ut
terances.
Mr.. Bayard, on July lst, instructed
Mr.. Francis to again present the re-
quest that the objections be with
drawn, and then present his letter of
recall and turn over the legation to his
secretary, if not relieved by his sue
cessors.
On August 9th Mr.. James Fenner
Lee, then secretary Of legation at
Vienna, telegraphed to Secretary
Bayard that the Austrian government
could not receive Mr.. Kelly and asked
the United States to appoint another
minister.
QMr. Bayard, in a final letter to Mr..
Lee, says: "From the correspondence,
two facts appear, 1st-That the
alleged race and religious faith of
the welded wife of an envoy of the
United States is held a cause of his
rejection, and further that objections
by a third party, a friendly power, are
necessary to be removed in order to al
low a proper reception to be extended.
Those conditions are simply intolera-
bic, and are in the case of the United
States not only prohibited by the plain
letter and undying spirit of our con-
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