The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-12-17

by civil marriage would be untenable, and even
impossible in Vienna.
Ina communication to Baron schaeffer, dated
hay1S Secretary Bayard saws:
''The question thus raised by your government
involves principles of the greatest Importance
and has no precedent as yet discoverable by me in
modern times and intercourse between friendly ma
lions. Having submitted the matter to the consid-
GRAFTON of the president, am instructed by him to
inform, your government through you, that
the ground upon which it is announced that the
usual ceremonial courtesy and formal respect are
to be withheld from the envoy of the United States
to your government; that is to say because his wife
Is alleged or supposed, by your government, to
entertain certain
RELIGIOUS FAITH
and to be member of certain religious. Sect can
not be assened to by the executive of the govern
emphatically denied. The supreme law of the
land expressly declares that religious test shall
ever be required as qualification to any Office or
public trust under the United States and by the
same authority 1t is declared that congress shall
make no law respecting establishment of re-
hgion or prohibiting the free exercise thereof.
This is government of laws and any authority ex-
ercised must find its measure and warrant there
under 1t is not within the
POWER OF THE PRESIDENT
of congress. of any judicial tribunal of the
United States to take or hear testimony or in any
mode to inquire into and decide upon the religious
belief of any official and the proposition
to allow this to be done by any foreign govern
ment is necessarily and a fortiore inadmissable.
To suffer infraction of this essential principle
would lead to Acknowledgement of our citizens,
because of their religious belief aud thus impair
destroy the most important end which our consti-
tutional government was intented to secure. Re
ligious liberty is the chief corner stone of the
American system of government and the provisions
for Its security are embedded in the written charter
and interviewer in the moral fabric of its laws.
Anything that tends to invade right so essential
and sacred must be carefully guarded against and
l am satisfied that my countrymen, ever mindful of
the suffering and sacrifices necessary to obtain it
will never consent to its impairment for any rea-
son, or under any perfect whatsoever. In har-
mory with this essential law is the
almost equally potential unwritten law of Ameri-
society that awards respect and delicate consid-
Grafton to the
WOMEN OF THE UNITED STATES.
and exacts difference in the treatment at home
and abroad, of the mothers wives and daughters of
the republic. The case are considering is
that of an envoy of the United States, unquestion-
ably fitted whose presence the foreign govern
ment in question, 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 of themes hOnored and valued citizens of
the United States.
1t is not believed by the president that doctrine
and practice destructive of religious liberty and
freedom of conscience, devoid of catholicty and
opposed to the spirit of the age in which live,
can, for moment, be accepted by the great family
OF civilized nations, or be allowed to control their
DIPLOMATIC INTERCOURSE.
Certain it is. it will never, in my belief, be
cepted by the people of the United States, by
any administration which represents their senti-
ments,
Permit me- tnerefore-being animated only by
the sincere desire to strengthen the mutual respect
between the governments we respectively
representa- crave careful consideration
of this note, and request your
government to reconsider the views YOU have com
municated to in respect to the possible receipt
| ion of Mr.. Kelley on the mission of amity and
mutual advantage which, in the amplest good
faith, he selected by this government to per
| FORM
MR.. JOHN M. FRANCIS,
the United States minister at Vienna, on June II,
notified Mr.. Bayard he had been informed that the
Austrian foreign office raised objections to recelv-
ing Mr.. KELLEY because Italy had objected to him,
and not because his wife was Jewess. The Aus
| trian government also objected to Mr. Keileys ut
terances. Mr.. Bayard, on July. 1, in
sent tt the request that the objections
be withdrawn and then present his letter of recall
and turn the legation to his secretary. if not
reived by his successor.
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.. kel ey
and asked the United States to appoint another
minister.
Mr.. Bayard in a final letter to Mr.. Lee says:
From the correspondence two facts appear: first,
that the alleged race and religious faith OF the we'd
ded wife of an envoy of the United States is held
cause for his rejection, and further,
that objections by a third party friendly
power are necessary to be removed in order to
allow proper reception to be extended. These
conditions are simply intolerable and are in the
the United States not only inhibited by the
plain letter and underlying spirit of constitu
ton, but inconsistent with thaEdecent self re-
spect which forbids nation of 60,000,000 of free
men to accept the position of diplomatic depend
ency of the friendly power whose behess appear to
have been acquiesced in and carried out by Austria
Hungary. In the present instance Mr. Bayard in
forms Mr. Lee that the issues thus raised grave
and will be submitted to congress at its next meet
ing.