Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-10-02
OUR MINISTER TO ENGLAND.
Some Previous Utterances.

To the Editor of the Free Press and Times
Our minister to Great Britain, esteemed
most by those who knew him best while
he was citizen among us, is now more
highly honored by the conspicuous posi-
ton to which he has been raised and by
the ability in which he is fulfilling his
mission. Not long ago when he was Il
private citizen he gave utterance to truths
which the political party in which he is
classed, and hardly less the whole coun-
try ought now to give earnest heed. They
are found in that fine address upon Chief
Justice Marshall and the Constitutional
Law of his time which he gave before
the American Bar association at Saratoga,
August 2l 1879. 1t might seem as if his
utterance was aimed directly at the prin-
ciples and practices of the Democratic
party if the absurdities which he exposes
had not been too much practised by all
PARTIES in the State. Mr.. Phelps had just
tierred to Il truth uttered by Mr. Mer-
Ter ia his essay that "the Interpretation
nd the strength of law is but reflex of
ne national spirit out of which all law
rises" From this he passed to party in
| uence, aud said:
Ina; political parties will always exist is
| ucVItabe; that they always should exist is
30 ably desirable that members of our pro
| cs,iun, as Of all ether professions, should
! rpIcsent all shades of political opinion, and
| clOnp to all parties. is to hc cXpec ed, though
hope, on some of them, FAR y ties hang very
| Dose. 7 he question is how far party differ
| rnccs shall 20. Where shal they set out,
! where shall they terminate shall they in
| wade the province OF the fundamental law
| Is that to be administered by politicians, to
| &c cunstruc 10y causes, to stand or fall upon
| political considerations, and for the purposes
of partisan success =; Are not their diverg-
ent paths enough, which starting from the
| constitution asa common ground, and run
ming in every direction through all the raIni-
fications of the administration OF govern
mcnt, through the whole houndlcss field OF
policy and craftsmanship and cXpcdlency, are
not they enough for all the purposes of poll
ties, ana the warfare of party should not
the lawyers OF this country meet as on com
mon ground, in respect to all questions arts
ing upon the national constitution, dealing
with them as questions of Jurisprudence and
not OF party, setting their feet upon, and
their hands against all efforts to transgre>s
the true limits OF the constitution, or to make
it at all the subject of political discussion
II is TOO true, that this constitution OF ours
in respect of which it might well be said tt
/ nm VINO approaches II, put OF thy party shoes
from off thy feet, for the place on which thou
standest is holy ground 1t is too true, that il
has become more and more subject to he
hawked about the country, debated in the
newspapers, discussed from the stump, eluci-
dated by pot-house politicians, and dung
hlll editors, scholars in the science OF govern
ment who have never found leisure for tn,
graccs of Eng ish grammar or the embelliSh
mcntS OF correct spelling.
The evil and wrong which Mr.. Phelp,
so etfectu " strikes, is no where greater
than when ne OF the departments of tn,
government, the executive, makes part.
policy the rule of administration.
Commentators and writers like Chip
man, Randof and De Tocqville on tn,
constitution and government of tn
United States find its supremacy in tn
fine balance of powers entrusted to thu
departments, legislative, judicial and eX
ecutive. Each of these is independent o
the other but united in the eX
ercise of these powers by the constitu
ton to which they are all subject. Fo
the President, who is an executive of law
to choose his subordinates because the
are party politicians Is to strangle tn
constitution, violate justice, make the eN
eculive officers tool for Il party and us
the government to Cypress the public.
a. ID. b.