Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-12-15

one woman, in the sense of the word CO.
habit as defined While Congress had
legitimated the issue of poiygamous mar
riages born before January !, 1888, it had
left the conduct of the man towards his po-
lygamous wife to be regulated by consider
ations which, outside of Section 3, are not
covered by the statute, and which must be
dealt with iudicially, when properly pre-
sented.
From the decision of the Court Justices
Miller and Field dissented. Justice Miller,
in his dissension of the decision, said: :"
think the Act of Congress, when prohibiting
cohabitatiOn with more than one woman,
meant unlawful cohabitatual sexual inter
course. 1t is, in my opinion, . strained
construction of q highly penal statute, to
hold that men can be guilty under that
statute without the accompaniment of
actual sexual connections. | know OF
no instance in which the word Co
habitation' has been used to de-
scribe a criminal offense, when ii
did not imply sexual intercourse"
The appointment of Kelly as Minister.
WASHINGTON, December 14th.-The Pres
ident, in response to the Senate resolution,
adopted December 9th, transmitted to that
body all the papers and correspondence on
file relating TO the appointment of A. NJ
Kelly as Minister to Italy, ana his subse-
quent appointment as Minister to Austria.
The correspondence begins with q letter
to Secretary Bayard from Baron Fava.
Italian Minister Resident, dated April Is,
1885, in which he calls attention to an ed
itorial in the New York Herald in reference
to the alleged utterances OF Minister Kelly,
appointed Minister to Italy, in regard to
! that Government and says if the newspa-
per's statement is true it is a most obiec-
tionable and regretable one.
| Secretary Bayard answered under the
same date, making an appointment to see
| the Italian Minister April 18th, and saving
that enough is disclosed by his note to state
that the Department cannot make edtori-
ais of newspapers in relation to alleged Mt
| terances, confessed to have been made un-
, officially, some fourteen years ago, of
gentleman selected to represent the Gov
ernment in foreign country, basis Of
discussion with the Minister of that
| country here. Bayard continues Hav-
ing protfered the gentleman, who entertains
no other sentiments toward YOUR Govern
ment than those of entire respect and
| friendship, to represent the Government of
| the United States in Italy, nothing further
devolves on this Government, and being
assured that Mr.. Kelly will prove in all
respects agreeable and acceptable as per
we must leave that Government to exer-
else its own and sole discretion in Teceiy-
ing him in the spirit of friendship and
respect in which he is sent forth"
Baron Fava, under date of April 20th,
| forwards Secretary BayGrd the copy of a
! telegram received by him from the Italian
Minister of Foreign Affairs, the substance
| of which is that If Kelly gave utterance to
| the sentiments ascribed to him, he would
| ILL i
! that this Government appoint another
representative to Rome.
| The next letter in order is one from
Kelly to the President resigning the COM
| mission.
Secretary Bayard writes Baron Fava.
under date of April Both, acknowledging
the receipt of a copy of the above-men-
toned telegram, and saying: The feeling
| of your Government on the subject has
caused an arrestation of Mr.. Keily's move
ments and he has returned to the Presi-
dent his commission of Minister to Italy.
and the object of the communication of
the Italian Minister of Foreign Affairs is
therefore accomplished
| On May 4th Secretary Bayard informed
Baron Schaeffer, the Austrian Minister at
| Washington, that the President had ap-
pointed Kelly to succeed Francis as Minis
ter at Vienna.
On May 9th Baron Schaeffer handed
! Bayard the following translation of tele-
! gram from Count kalvoky to himself.
! dated May Sth: We regret the nomina-
ton of Mr.. Kelly as Minister Plenipoten-
tiary and Envoy Extraordinary to the I'm
perial Court, and his sudden departure
| from America, as here, too, like in Rome
prevails scruples against this choice Please
direct, in the most friendly manner, the
attention of the American Government to
the generally-cXiaing diplomatic practice,
and ask, pT.'yi'susi.' 70 any nomination of
foreign Minister, the agreement [consentl
| of the Government TO which he is ordered
You are therefore requested to earnestly
entreat them that the wly-nominated
| Minister may not reach Vienna before our
| confidential consent to his nomination has
taken place. The position of a foreign
envoy welded to a Jewess by civil mar
riage, would be untenable, and even i'm
possible, in Vienna"
In communication to Baron Schaeffer.
dsted May 18th, Secretary Bayard says
| The question thus raised bvVour Govern
ment involves principles of the greatest i'm
| portance, and has no precedent, as vet dis
! coverable, in modern times, in the inter
| course between friendly nations and hay-
ing submitted the matter to the considera-
ton of the President am instructed bv
him to inform your Government through
you, that the ground upon which it is an
nounCed, that the usual ceremonial courtesy
and formal respect are to be Withdrawn
| from the choice of the United States tn
your Government. That is 10 say. because
his wife is alleged or supposed by YOUR
| Government to entertain a certain re-
hgious faith, be a member of a
certain religious sect cannot he
assented to by the Executive of
the Government of the American peo-
pie, but is, and must be, emphaticallv de-
MED. The supreme law of the land ex
| pressly declared that no religious test shall
ever be required as a qualification to anv
office Of public trust in the United States
| and by the same authority it is declared
that Congress shall make no law respect
ing an establishment of religion or prohib.
! idng the free exercise thereof This is a
! Government of law, and The authority ex-r
! cised must find in it 4 measure of warrant
| Hereunder. 1t is not within the power of
| President, nor Congress, nor any judicial
| tribunal In the United States to take or
even hear testimony, or in any mode to in
quire into or decide upon the religious be-
! lief of any official, and the proposition
| to allow this to be done by any
| foreign Government is necessarily and
q torti0Tt inadmissible To suffer an in
! fraction of this essential principle would
] lead to the disfranchisement of our citizens
because of their religious belief, aud thus
impair or destroy the most important end
which our constitution of government was
| intended to secure. Religious liberty is
| the cornerstone of the American system of
government, and the provisions for its Sc
curity are imbedded in a written charter.
and interviewer in the moral fabric of its
laws Anything that intends to evade a
| right so essential must be carefully
guarded against, and | am satisfied my
countTymen. ever mindful of TIE suffering
and sacrifices necessary to obtain it, will
never consent to its impairment for
any reason, or under any pretext
| whatsoever. In harmony with this
essential is the almost equally DO
tential unwritten law OF American
society, that awards respect and delicate
consideration to the women of the United
States, and eXacts difference in 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 by the foreign Government in
question is objected to by its agents. on the
/ sole ground that his welded wife is ALLEGED