ment, shall invite the leisure, or command the attention, of
statesmen and jurists.... Yet it may be affirmed by those who have had
the privilege of intimacy with Mr. Chief Justice Marshall, that he
rises, rather than falls, with the nearest survey; and that in the
domestic circle he is exactly what a wife, a child, a brother, and a
friend would most desire. In that magical circle, admiration of
his talents is forgotten in the indulgence of those affections and
sensibilities which are awakened only to be gratified.

* * * * *

From his "Miscellanies."

=_90._= DIGNITY OF AMERICAN JURISPRUDENCE.

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 minu