The most delicate, and at the same time the proudest attribute of American jurisprudence, is the right of its judicial tribunals to decide questions of constitutional law.  In other governments these questions cannot be entertained or decided by courts of justice; and, therefore, whatever may be the theory of the constitution, the legislative authority is practically omnipotent, and there is no means of contesting the legality or justice of a law, but by an appeal to arms.  This can be done only when oppression weighs heavily and grievously on the whole people, and is then resisted by all because it is felt by all.  But the oppression that strikes at a humble individual, though it robs him of character, or fortune, or life, is remediless; and, if it becomes the subject of judicial enquiry, judges may lament, but cannot resist, the mandates of the legislature.  Far different is the case in our country; and the privilege of bringing every law to the test of the constitution belongs to the humblest citizen, who owes no obedience to any legislative act which transcends the constitutional limits.

The discussion of constitutional questions throws a lustre round the bar, and gives a dignity to its functions, which can rarely belong to the profession in any other country.  Lawyers are here emphatically placed as sentinels upon the outposts of the constitution, and no nobler end can be proposed for their ambition or patriotism than to stand as faithful guardians of the constitution, ready to defend its legitimate powers, and to stay the arm of legislative, executive, or popular oppression.  If their eloquence can charm, when it vindicates the innocent, and the suffering under private wrongs; if their learning and genius can, with almost superhuman witchery, unfold the mazes and intricacies by which the minute links of title are chained to the adamantine pillars of the law;—­how much more glory belongs to them when this eloquence, this learning, and this genius, are employed in defence of their country; when they breathe forth the purest spirit of morality and virtue in support of the rights of mankind; when they expound the lofty doctrines which sustain and connect, and guide the destinies of nations; when they combat popular delusions at the expense of fame, and friendship, and political honors; when they triumph by arresting the progress of error and the march of power, and drive back the torrent that threatens destruction equally to public liberty and to private property, to all that delights us in private life, and all that gives grace and authority in public office.

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=_Lewis Cass,[23] 1782-1866._=

From his “Report of the Secretary of War.”  December 1831.

=_91._= POLICY OF REMOVING THE INDIANS.