The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-12-16
The Law Of Religious Liberty
Defined By M, Bayasd.
A STRONG POSITION
inc Correspondence in the sKslev
Case-some Excellent letter..
By Our Governments. sa

0DDOluLInGhf u
Minister to Austria. The c~orresnondon
Deelils with the letter to Secretary Bavar
from Baron Favari, Italian M;n;s+ar naa q,
dent, dated April Is, 1885, in which +
calls attention to an editorial on tho Ma,
YORK herald in reference to the alleoa
"tterances OF Minister Kelley when. ar
pointed Minister to Italy, in regard to thu
sosernn.ehe' ana says If the newspape
statement is true, it is a most urgent an,
regretable one. Secretary Bayard nwera,
unuer the same date, making an annoint
mehI TO see the Italian Minister o,
aprll 10Th, and saying that enough is dis
CLOSED oy his note to state that the Dc
garment cannot make the editorial al
newseaper IN relation to alleged utter
ances confessedly made unofficially som
hlne ago OF a gentlemen selected to repre-
SEM 1he government in a foreign country
1ne pa ls OF discussion with the minister,
maj country here. Bayard continues
Having proffered the gentleman, who en-
PERTAINS no other sentiment toward YOU,
government than those of entire resnec,
and friendship, to represent the Govern
nent OF the United States in ITALY, moth
ing further devolves on this government
and being assured that Mr.. Kelley vii
prove In all respect agreeable and accent
able as persona grata to the government
OF Italy, we must leave that government
10 exercise it's own discretion in receiv
ing him In the spirit OF friendship and re
spsct in which he is sent forth"
THE FIRST OBJECTION.
Baron Favari, under date of April goth
forwards to Secretary Bayard a copy of a
telegram received by HIM from the Italian
Minister OF Foreign Affairs. The substance
rs that Kelley gave utterance to the senti.
tnent asrrlbed to him; thathe would not be
acceptable to the King, and asking that
this Government appoint another repre-
sentative to Rome. The next letter in
order is one from Kelley to the President,
rcsigning the commission. =.
Secretary Bayard writes Baron Favari,
unoer date Of April Both, acknowledging
the receipt OF a copy OF the above men
toned telegram, and saying: THE feeling
al your Government on the subject has
caused an arrest OF Mr.. Keily's uovs-
ments, and he has returned to the Presi~
dent his cO,nmissl0a az minister to Italy,
and the object OF tt e communication ofthe
Italian Minister of Foreign Affairs is there
fore accomplished"
THE AUSTRIAN OBJECTION.
On May 10th Baron schaeffer handed Mr..
Bayard tie following translation OF a tele-
gram from Count KalaYoky, to himself,
dated May 8: 'We regret the nomination
of Mr.. Kelley as Minister Plenipotentiary
and Envoy Extraordinary to the Imperial
Court. and his sudden departure from
America, as here, too, like in Rome, prevail
Scruples against this choice. Please direct
i'm a most friendly way the attention OF tho
American Government to the generally ex-
listing diplomatic practice and ask, pre-
viously to any nomination of foreign min
lister, the agreement %(cOnsent) of the Gov
eminent to which he is ordered. You are
therefore requested to earnestly entreat OF
chem that the newly nominated Minister
ai,a not reach Vienna before our confiden-
fiat consent to his nomination has taken
place. The position of a foreign Envoy,
welded toa Jewess by civil marriage, would
be untenaOie-even impossible, in Vienna
AS TO BARON sCHAErFER.
In d communication to Baron Schaeffer,
dated May. 1885, Secretary Bayard says:
The question thus raised by your Govern
nent involves principles OF the greatest
imp rtance, and has nc precedent as yet
discovera bic in modern times in the inter
course between friendly nations, and hay-
ing submitted the matter to the considera-
tion of the President, | am instructed by
him to inform our Government, through
you, that the ground upon which it is an
nounced that the usual ceremonial cour-
tesy and formal respect are to be with
drawn from the voice OF the United
states to your Government; that is
TO say because his wife is alleged or sup
posed by your Government to entertain a
certain religious faith, to be Il member OF a
certain religions sect, !
cANNOr BE AssENTED o
by the executive OF the Government OF the
American people, but is ana must be EN-
phatically denied. The supreme law OF the
land expressly declares that 'no religious
test shall ever be required as a qualitica-
ssont to any office or any public trust under
the United States" and by the same
authority it is declared that "Con-
gress shall make no law respect
ing an establishment OF religion or
prohibiting the free exercise thereof This
is a Government Law. and ar authority
exercised must lind it's measure and war
rant hereunder. 1t is not within the
power Of the President for Congress nor
.snv judicial tribunal in the United States
TO take or even hear testimony or in any
mode to- INQUIRE into or decide upon the
religious belief of any official, and the propo-
.itiOn to alloy this to be done by any
foreign GoyernEleDt is necessarily ana
a fortiri fnadmissabie to suffer an infrac-
ton OF this essential principle. 1t would
lead to
THE OBSERVATION-DISCLOSURES OF OUR CITIZENS,
neeas,se of their religious belief, and thus
5mpair Or destroy the most important
end which our constitution OF government
was intended to secure. Religious liberty Is
the chief corner stone OF the American
system OF government and provisions lor
Is security are imbedded in the written
charter and interviewer in the :nOrai Iapric
of its laws. Anything that 1ntenas 10
q right SO essential and sacred mlsU
ne carefalIv guarded against, and am
hat nay countrymen, evermlndiui
of the suffering and sacrifice necessary 70
Obtain it. will never consent to its impair
ment for any reason or under any preteA'
whatsoever. In harmony with this essen,
sial, is the almost equally potential ana
,Inwr:tten law of American society bha'
ava rds respect and dellcate
~oNsIpsRAr1o TO the WOMEN
ls +ne limited States and Difference III treat
ment. at home and abroad. OF mo'r Mn
wives and daughters OF the Repunic. luz
case we are now considering Is tna1 VI a.
envoy OF the United States nquestionGG" 60.
fitted. whose presence near the 1ofe'sh ~.
eminent in question in objected 70 Dy !.e
agents. ON the ground that his wedded WIZ
is 81 lIes.d TO entertain a religious iaith "nicI
ia EalG Iy MANY of the most honoreo anu
valued citizens of the United States. ~!
b ellie we'd by the president that a wi ~
a nd practice 30 destructive OF rens'oSs o,n;J
srty and freedom OF conscience. 80 er;Ir;t
Ot% L.Atholicity and so oppose" w - ,ant
oe :"s ns by the great family OF civilized
cations, or be
their di~p,o,natic i~n+ercourse. Certain u h 10,
it will never, in my beileif, ge aecep.or nv
.Sa neonIe IL the United States, nor ~
anx DEMONSTRATION that represents sHem
seiti Permit me, tnereio aa,;re to
actuated only by the slncere:S oud nm
strengthen 1 4: ties OF fri t,is1 sa1e4nn nea nv" We
rsspsetiveiy to crave careful eon so1ern.
ton 81 this note and request your g't Va
,nrnt IT, recon slider the views youb y r mos.
to me in respect on !nI .s;on
sibI, rs.eption of Mr.. Kelley on ms h n;.S' n
% amity and mutual ad Iva se1ested by this
am l,i@st good faith: ne a.
government to perform.
OTHER DIRECTIONS. e
John NJ. Francis, then un!ted ,otitied
Sir. Bavard that he had been lltori n;er+inns
thr Austrian foreign office raisen no bad oh.
to receiving Kelley because lta'y w;fe was