Savannah morning news. [volume] (Savannah) 1868-1887, 1885-12-15
AUSTRIA'S INTOLERANCE.
THE CORRESPONDENCE IN THE
KELLEY CASE.

tauOn Dy Foreign AutoCEhtb GAeAriy
Proven to be UnRvaIling.
WASHINGTON, Dec. 14.-The President,
in response to the Senate resolution
adopted Dec. 8, transmitted to that body
to-day all the papers and correspondence
on tile relating to the appointment of A.
Nj. Kelley as Minister to Italy, and his
subsequent appointment as Minister to
Austria. The correspondence begins
with letter to Secretary Bayard from
Baron Fava, the Italian Minister resi-
dent, dated April 10, 1885, In which he
calls attention to an editorial in the New
York Herald in reference TO alleged ut
terances OF Mr.. Kelley, appointed Minis
ter to Italy, in regard TO that govern
ment, and says II the newspaper state
ment is true IL Is most urgent and
regretable one.
MIR. BAYARD's REPLY.
MIR. BayArd replied TO Baron Fava that this
government could not make newspaper edito-
rlals in reference to alleged utterances made
unOnicially fourteen years ago the basis OF
discussion in this connection, and he hoped
that Mr.. Kelley might be found acceptable to
the Italian government.
A letter from Mr Kelley to the Secretary Of
| state follows, saying that he is absolutely at
the disposal of the President, who must per-
NIT no fear of morufyng him or harmlng his
Interests 10 stand in the way Of conclusion
agreeable to the administration.
ITALY's OBJECTION.
Baron Fava forwards on April 30 a copy Of
telegram from the italian foreign minister
Ohjectng to Mr.. Kelley on the ground Of his
utterances heretofore alluded TO.
Mr.. Keiey's letter Of resignation of the
ards notification to the italian minister that
Mr.. Kelley had resigned by reason Of the OBJ
jecton of the Itaian government to him.
On May 4Secretary BAyard informed Baron
Schaetter, the Austrian minister at Washing
ton, that the President had appointed Mr..
Kelley to succeed Mr.. Francis as minister at
Vienna.
AUsTRIA's OBJECTION.
On May Baron schaefer handed to Sec
rotary Bayard the following translation of a
telegram from Count kalnOky to himself,
dated May s: "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 in a most
| friendly way the attention of the American
| government TO the generally existing diplo-
matte practce to ask previously TO any noml-
| nation of foreign minister consent of the gov
eminent to which he is accredited. GOu are
| therefore requested TO earnestly entreat them
that the newly nominated minister may not
| reach Vienna before our confidential consent
| to his nomination has taken place. The POSI-
| tion of a foreign envoy welded TO Jewess by
| a civil marriage would be untenable and even
impossible in Vienna"
MIR. BAYARDs ARGUMENT.
In a communication to Baron schaeffer,
dated May IL, Secretary Bayard quotes the
| foregoing telegram. notes the fact that Mr..
Kelley had sailed for Europe on the day pre-
viOus TO its date, and therefore could not be
| Informed of its purport until his arrival out,
| and calls attention to the only reason stated
in Count Kalnoky's telegram, subsequently,
repeated verbally by the Baron, for objeetlng
to MIR. Kelley, consisted IN the allegation that
his wife was "a Jewess and that his mar
| riage to one of that faith would render his
position, in the words Of the telegram, "un-
tenable. and even impossible, in Vienna"
APAINFUL SITUATION.
In a further communication, dated May is,
| Baron Schaeifer notifies secretary BaYard that
Count Kalnoky, on learning that Mr.. Kelley
would not be stopped en- route had instructed
/ the Baron to say that "this nomination Will
| doubtless be attended with great difficulties,
| and the new Minlst will lind himself placed
in most painful situation upon his arrival in
| Vienna"
Mr.. Bayard then proceeds 10 sayi "The
| question thus raised by your government in
| wolves principles of the greatest Importance,
| and has no pecedent as yet discOverable to me
| in modern times and intercourse be-
| tween friendly nations, and having
| submitted the matter TO the consideration OF
| the President | am instructed by him 70 In
1
| ground upon which 10 is announced that the
| usual ceremonial courtesy and formal respect
/ are to DO 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 a member OF GER
| tam religious sect, cannot be aasented TO by
| the executive Of the government OF the
American people, but Is and must be en-
/ phaticLlly denied.
OUR SUPREME LAW.
| The supreme law Of the land expressly de-
| Gares that no religious test shall ever be re-
| quired as capitalization o any office or public
| trust under the United states, and by the
| same authority IL Is declared that "COngress
| shall make no law respecting an establish
ment OF religion or prohibiting the free eXer-
/ else thereof" This is a government OF laws,
and an authority exercised must ind Its
measure and warrant hereunder. IL is not
! within the power Of the President, nor OF
Congress, nor OF any Judicial tribunal IN the
| United states 20 take or even hear testimony
| or in any mode TO inquire into or decide upon
| the religious belief of any official, and the
| proposition 10 allow this 10 be done by any
| fOreign government iB necessarily and for
| tori lnadmissable.
INFRACTIoN IMPOSSIBLE.
To suffer an infraction OF this essential
| principle would lead 10 the dlsiranchisement
| Of our citizens because OF their religious be-
| lief and thus Impair or destroy the most
| important end which our cOnstltu-
| ion OF government was iNAtfNfAHA 70
| secure religious liberty as the chief corner
| stone OF the American system OF
| government, and provisions Tor iis
| security are Embedded IN the written charter.
/ and interviewer in the moral fabric Of ia
/ laws. ANYTHING that tends 20 invade a right
/ 40 essential and sacred must De carefully
/ guarded against, and am satisfied mat my
/ cOuntrymen, ever mindful OF the suffering and
/ sacrLQces necessary 10 obtain II, will never
/ consent TO It's impairment for any reason or
under any pretext whatsoever.
THE UNwRITTEN LAW.
In harmony with this essential law Is the
| almost equally potential unwritten law Of
| American society that awards respect and
| delicate consideration 10 the women OF the
/ United State, and c1acts Difference IN trent
/ mcnt Ut home and abroad ~ the mothers,
/ wives and daughters Of the republic. Tho
/ case we are now considering ~ that Of an
envoy Of the United states, unquestonablY
! 0tted morally and intellectually. and who has
| been duly accredited 20 frif ndly government
| toward. which hs n thOrou guly well affected.
/ who ~ accordance With the laws ~ this
/ country. has long since contracted and has
/ maintained an honorable marriage, and
/ whoge presence near the foreign government
| In question is objected 90 by its agents on the
I sole around that he welded wife ih alleged 10
| entertain religious faith which Do held bv
/ very many Of the most honOrcd and valued
| citizens Of the United states.
AN OBJECTIONABLE DOCTRINE.
IL is not believed by the President that a
| doctrine and practice sO destructive Of re-
/ llgiOus liberty and freedom Of conscience, 20
devoid Of oathOlicity and 80 oppose d 70 the
spirit OF the age IN when we I'VE, can ior :
/ moment be accepted by the great iamily ot
l gfviIlynd natfoua or be allowed TO control their