Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-12-15
KETLEY'S CASE.
Mr.. BAYARD's SHARP Words.


The CerrsspsHdence Before the sesase
secretary Of State speaks His N1iad Upon
Religious Liberty.
lBy telegraph TO the Dispaich.l
WASHINGTON, December 1.-THE
President, in response to the Senate
resolution adopted December 9th, trans
mitted to that body ell the papers and
correspondence on file relating to the
appointment Of Hon. A. M. 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
resident, dated April IL, 1855, in
which he calls attention to an edi-
torial in the New York Herald in
reference TO the alleged utterances Of
Mr.. Kelley, appointed Minister to Italy,
in regard to that Government, and says
If the newspaper statement is true, it is
most urgent and regretable one. Mr..
Bay ard replied to Baron Fava that this
Government could not make news
paper editorials in reference to alleged
utterances made unofficially four
teen years ago q basis of discus
sion in this connection, and he
hoped that Mr.. Kelley might be
found acceptable to the Italian Govern
ment. A letter from Mr.. Kelley to the
Secretary Of State follows, saying that
he is absolutely at the disposal Of the
President. who must permit no fear Of
Notifying him OF harming his interests
to stand in the way of conclusion
agreeable to the Administration. Baron
Fava forwards on April Goth copy Of
q telegram from the Italian Foreign
Minister Directing to Dir. Kelley on the
ground Of his utterances heretofore
alluded to. Mr.. Keiley's letter of resig-
nation of the Italian mission follows,
and next is Mr.. Bayard's notification to
the Italian Minister that Mr.. Kelley had
resigned by reason Of the objections of
the Italian Government to him.
On May 4th Secretary Bayard in
formed Baron Schaeffer, the Austrian
Minister at Washington, that the Presi-
dent had appointed Mr.. Kelley to sue
coed MIR. Francis as Minister at Vi
emma. On May 9th Baron Schaeffer
handed to Secretary Bayard the follow
ing translation of a telegram from Count
Kalnoky to himself, dated May 9Th:
ave 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 the
most friendly way the atteHtion of
the American Government to the
generally existing diplomatic practice
to ask previous to any nomination of
foreign Minister the consent Of the
Government to which he is accredited.
You are therefore requested to earn
estly entreat them that the newly
nominated Minister may not reach
them before our confidential consent to
his nomination has taken place. The
position of a foreign Envoy welded to
a Jewess by civil marriage would be
untenable and even impossible in
Vienna"
In communication to Baron Schaef
fer, dated May 18th, Secretary Bayard
quotes the foregoing telegram; notes
the fact that Mr.. Kelley had sailed for
Europe on the day previous to that date,
and therefore could not be informed Of
its purport until his arrival out; and
calls attention to the only reason stated
in Count KalnOlSy's telegram, subse-
quently repeated verbally by the Baron,
for Directing to Mr.. Kelley, consisting
in the allegation that his wife was a
Jewess, and that his marriage to one
of that faith would render his
position, in the words of the telegram,
untenable and even impossible in
Vienna" Also, further communica-
ton, dated May 10th, in which Baron
Schaefer notifies Mr.. Bayard that Count
Kalnoky, on learning that Mr.. Kelley
would not be stopped en- route, had in
structed the Baron to say that " this
nomination will doubtless be attended
with great difficulties, and the new
Minister will find himself placed in a
most painful situation upon his arrival
in Vienna"
Secretary Bayard then proceeds to
say: The question thus raised by
your Government involves principles Of
the greatest Importance, and has no
precedent as yet discoverable to me in
modern times and in the intercourse be-
tween friendly nations and having
submitted the matter to the considera-
ton of the President, / am instructed
by him to inform 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 en-
voy of the United States to your Gov
ernment-that is to say, because his
wife is alleged or supposed by your
Government to entertain certain re-
ligious faith and to be member of a GER
tain religious cannot be assentcd
to by the Executive of the Government
of the American people, but is and
must be emphatically denied. The
supreme law of this 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 " Congress shall make no
Jaw respecting an establishment Of re-
ligion or prohibiting free exercise
thereof" This is Government Of
laws, and an authority exercised must
find its measure and warrant there
under.
1t is not within the power Of the Pre-
sident nor Of Congress, nor Of any judi
cial 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
proposition to allow this to be done by
any foreign Government is necessarily
and fortiori inadmissible. To suf-
fer an infraction of this essential prin-
c;p1a uon1d 1aod IN tho dicfro N ch;sa