St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-12-15

naners and correspondence on hle relating
to the appOintment of A. NJ. Kelley as min
ister to Italy, and his subsequent appoint
ment as minister to Austria. The CORE
spondence begins with the letters exchanged
with the Italian government, which, in ac-
cordance with diplomatic usage, requested
the withdrawal of Mr.. Keileys name, as
signing as the reason certain utterances
made years ago by Mr.. Kelley. To this as
i'll duty bound. Secretary Bayard asSented.
On May Secretary Bayard informed Baron
Schaetfer, the Austrian minister at Wash
toni, that the president had appointed Mr..
Kelley to succeed Mr.. Francis as minister at
Vienna.
AUSTRIA's REFUSAL.
On May Baron Schaeffer handed to Mr..
Bayard the translation of a telegram from
Count Kalnoky to himself dated May s:
We regret the nomination of Mr.. Kelley as
minister p!enipotentiary and envoy extra
ordinary to the Imperial court, and his sud-
den departure from America, as here, like IN
Rome, prevail scruples against this choice.
Please direct in the most friendly way the at
teution of the American government to the
generally existing diplomatic practice to ask
previously to any nomination of foreign min
lister the agreement (consent) of the govern
Inent to which he is accredited. You are
therefore requested to earnestly entreat them
that the newly-nOmnated minister may not
reach Vienna before our confidential consent
to his nomination has taken place. The posi-
ton of IL foreign envoy welded to a Jewess
by q civil marriage would be untenable and
even impossible in Vienna.
SECRETARY BAYARD's REPLY.
In communication to Baron Schaeffer,
dated May Is, Secretary Bayard says:
The question thus raised by your govern
ment involves principles of the greatest i'm
portauce, and has no precedent as yet dis
cOvsrable to me in modern time and inter-
course between friendly nations, and having
submitted the matter to the consideration OF
the president, l am instructed by him to in
form your government, through you. that the
ground upon which it is announced that the
usual ceremonial courtesy and formal re-
spect are to be withheld from the envoy
of the United States to your govern
ment that is to say, because his wife
is alleged or supposed by your govern
ment to entertain certain religious
faith and to be member of certain religious
sect, cannot be assented to by the executive
of the government of the American people,
but it is and must be
EMPHATICALLY DENIED.
The supreme law of the land expressly de-
clares: THAT no religious test shall ever be
required as qualification to any office or
public trust under the United States, and by
the same authority it is declared: THAT con-
gress shall make no law respecting an estab-
lishmeut of religion or prohibiting the free
exercise thereof" This is a government of
the laws, and authority exercised must find
its measure and warrant thereunder. 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 religious belief of any official, and
the disposition to allow this to be done by any
foreign government is necessary and a for
tori inadmissible. To suffer an infraction of
this essential principle would lead to dis
franchisement of our citizens because OF
their religious belief and thus impair or de-
strOv the most important end which our con-
stitution of government was intended to
secure.
RELIGIOUS LIBERTY
is the chief cornerstone of the American sys-
TEN of government, and provisions for its Sc
curity are imbedded in the written charter
interviewer in the moral fabric of its laws.
Anything that tends to invade rights so es-
sential and sacred must be carefully guarded
against, and | am satisfied that my country
men, ever mindful of the suffering and sacri-
fees necessary to obtain ii. will never con-
sect to its impairment for any reason, or I'M
der any pretext whatsoever. In harmony
with this essential law is the almost equally
potential law of American society that awards
respect and delicate consideration to the
women of the United States and eXacts def
of the mothers, wives and daughters of the
republic The case we are now considering
is that of an envoy Of the United States, un-
Questionably fitted, whose presence near the
foreign government in question is objected te
on the sole grounds that
HIS wEGDED WIFE
is alleged to entertain u religious faith which
is held by very many of the most honored and
valued citizens of the United States. 1t is
not believed by the president that doctrine
and practice so destructive of religious
Z liberty and freedom of conscience, so devoid
OF catholicity and so opposed to the spirit of
the age in which we live can for a moment
Ibe accepted by the great family of civilized
nations or be allowed to control their diplo-
matte intercourse. Certain it is, it never in
my belief will be accepted by the people of
the United States, nor by any administration
which represents their sentiments. Permit
me therefore, being animated only by the
I siEcereSt desire to strengthen the ties OF
friendship and mutual respect between the
governments we respectively represent,
most earnestly and respectfully to crave
careful consideration of this note and to re-
quest your government TO consider the views
you have communicated to me in respect OF
the possible
RECEPTION OF MR.. Kelly
on the mission of amity and mutual advan
tage, which in the amplest good faith he was
selected by this government to perform.
Mr.. John NJ Francis, then United States
minister at Vienna, on June II notified
Mr.. Bayard that he had been informed that
the Austrian foreign office raised objection
to receiving Mr.. Kelly because Italy hac
objected to him, and not because his wife
was Jewess, the Austrian government
also objected to Mr.. Keily'S utteranceS.
Mr.. Bayard on June 81 instructed Mr.
Francis to again present a request that the
objections be withdrawn. and to present
his letter of withdrawal and then present
his letter of recall, and turn over the lega.
ton to his secretary if not relieved by his
successor. On August Mr.. James Fennel
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 MAN.
Mr. Bayard in final letter to Mr.. Lee
SAYS:
From the correspondence, two facts ap
pear. First that the alleged race and religion:
faith OF the welded wife of an envoy of tn,
United States is held cause OF rejection by
third party-"a friendly pOwer'-art
necessary to be removed in order to allow
proper reception to be extended. These con
ditions are simply intolerable, and are III th'
case of the United States not only inhibited
by the plain letter and undying spirit OF ou
constitution OF government, but are incon
sstent with that decent self-respect, which
forbids nation of 60,00G,O 600 of freemen tt
accept the position of a diplomatic depend
ency of the friendly power whose behest
appear to have been acQuiesced in and car
ried out by Austria-Hungary in the presen
instance" Mr.. Bayard informs Mr.. Lei
that the issues thus raised are grave and vii
he submitted to congress at its next meeting
Cannon Convicted OF PoIygamy.
WASHINGTON, Dec. 1.-THE supreme
court to-day affirmed the Judgment of tn,
....,.l, ol,,,r.t % Ito l, the nnSe of A rnc