The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-15
The CASE OF Mr.. KELLEY.
The Correspondence Between Mr.. Bayard and
the Italian and Austrian Governments.

WASHINGTON, Dec. 1.-THE President, in re-
Spouse to Senate resolution, adopted Dec. 9,
to-day transmitted to that body all the papers
and correspondence on file relating to the ap-
pontment 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 13. 1885, in which
he calls attention to an editorial in the New
York Herald in reference to alleged utterances
of Mr. A. NJ Kelley, appointed minister to Italy,
In regard to that government. Mr.. Bayard an
swered on the same date, making an appoint
ment to see the Italian minister on April Is. and
saying that enough is disclosed by his note to
state that the department cannot make the
editorials of a newspaper in relation to alleged
utterances of gentleman selected to represent
. the government in foreign country the basis
of discussion with the minister of that country
here. Mr. Bayard continues
Having proffered gentleman who entertained
no other sentiments towards your government
than those of entire respect and friendship. to
represent the government of the United States
IN Italy, nothing further devolyes this gov
eminent, and believing that Mr.. Kelley will
persona grata to the government of Italy, we
must leave that government to the exercise of its
own and sole discretion in receiving him in the
same spirit of friendship and respect in which he
is sent forth"
Baron Fava, under the date of April 90 for
wards to Secretary Bayard copy of a telegram
received by him from the late Italian Minister
of Foreign Affairs, the substance of which is
that. if Mr. Kelley gave utterance to tho sent
ence ascribed to him, he would mot be accept
able and asking this government to appoint an
other representative
The next letter in order is one from Mr. Kelley
to the President resigning his commission
Secretary Bayard writes Baron Fava under date
of April 80. acknowledging the receipt Of a copy
OF the above mentioned telegram. and saying:
1.-THE feeling OF your government On the sub
ject has caused an arrestation of Mr.. Keiley's
movements and he has returned to the Presi-
dent his commission as minister to Italy and the
object of the communication of the Italian Min
:, lister of Foreign Affairs to you is therefore ac
complished.'
On May 4, Secretary Bayard informed Baron
Schaeffer the Austrian minister at Washington,
that the President had appointed Mr. Kelley to
succeed Mr.. Francis as minister at Vienna. On
May Baron Schaeffer handed to Mr. Bayard the
following translation of a telegram from Count
= kalnoky to himself, dated May s:
1--WE regret the nomination Of Mr.. Kelley as
Minister Plenpotentiary and Envoy Extraordi-
nary to the imperial court, and his sudden de-
parture from America, as here, too, like in
Please direct, in the most friendly way, the at
tention of the American government to the gen
orally existing diplomatic practice to ask previ-
'ously to any nomination OF foreign minister,
the agreement tconsent) of the government to
which he is accredited. You are, therefore,
auested to earnestly eutreat them that the new
ly-nominated minister may not reach Vienna be-
fore our confidential consent to his nomination
has taken place. The presence of foreign en-
vOy welded to a Jewess by a civil marriage
would unLAQabl0 lmpOSSlbl0 N
enna."
Secretary Bayard, in answer, said
''The question to be raised by your govern
ment involves principles of the greatest impor-
lance, and has no precedent Yet. having sub
mitted the matter to the consideration of the
President am instructed by him to inform
your government, through you, that the ground
upon which 1t is announced that the usual cere-
monia 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
a member of certain religious sect, the
supreme law of the land expressly declares
that no religious test shall ever be required
as a qualification to any Office or public trust
under the United States, and by the same au-
thority it is declared that Congress shall make
no law respecting an establishment of religion
or prohibiting the free expression thereof This
is government of laws, and an authority exer-
> cised must find its measure and warrant there
under. 1t is not within the power of the Presi
dent, nor of Congress- nor of any judicial tribu-
nal in the United States, to take, even hear
testimony. OF in any mode to inquire into or de-
eide upon the religious belief OF any cficial and
the proposition to allow this to be done by any
foreign government is necessarily, and fortiori,
inadmissible. To suffer an infraction of this es-
sential principle would lead to disfranchise
ment of our citizens because of their
religious belief, and thus impair destroy
the most important end which our Constitution
of government was intended to secure. Relig
ions liberty is the chief cornerstone of the
American system of government. and provisions
for it's security embodied in the written
charter and interviewer in the moral fabric of
its laws. Anything that tends to invade a right
so essential and sacred must be carefully guarded
against, and am satisfied that my countrymen,
ever mindful of the suffering and sacrifices nee
essary to obtain it, will never consent to it's i'm
pairment for any reason or under any pretext
whatsoever In harmony with this essential
law is the almost equally potential unwritten
law of American society, that awards
respect and delicate consideration 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 Re-
public. The case we are now considering is that
of an envoy of the United States. unquestiona-
bly, fitted whose presence near the foreign gov
.ernment in question is objected to by its agents
WI the sole ground that his welded wife is al
n eyed to entertain 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 liberty and freedom of
conscience devoid of catholcity and so op-
posed to the spirit of the age in which we 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 accepted by the people of
the United States, nor by any administration
which represents their sentiments Permit me.
therefore, being animated emily by the sncerest
desire 30 strengthen the ties of friendship and
mutual respect between the governments we
represent, most earnestly and respectfully to
crave careful consideration of this note, and to
request your government to reconsider the views
you have communicated to me in respect to the