ment and one of its co-ordinates,--or between the former and an interposing State,-by declaring, authoritatively, what is the constitution.

Having now explained the nature and object of the amending power, and shown its safety and sufficiency, in respect to the object for which it was provided;—I shall next proceed to show, that it is the duty of the federal government to invoke its aid, should any dangerous derangement or disorder result from the mutual negative of the two co-ordinate governments, or from the interposition of a State, in its sovereign character, to arrest one of its acts,-in case all other remedies should fail to adjust the difficulty.

In order to form a clear conception of the true ground and reason of this duty, it is necessary to premise, that it is difficult to conceive of a case, where a conflict of power could take place between the government of a State, or the State itself in its sovereign character, and the federal government, in which the former would not be in a minority of the States and of their population, estimated in federal numbers; and, of course, the latter in a majority of both. The reason is obvious. If it were otherwise, the remedy would at once be applied through the federal government,-by a repeal of the act asserting the power, and the question settled by yielding it to the State. Such being the case, the conflict, whenever it takes place, must be between the reserved and delegated powers; the latter, supported by a majority both of the States and of their population, claiming the right to exer

cise the power, and the former, by a State constituting one of the minority,-(at least as far as it relates to the power in controversy,)-denying the claim.

Now it is a clear and well established principle, that the party who claims the right to exercise a power, is bound to make it good, against the party denying the right; and that, if there should be an authority higher than either provided, by which the question between them can be adjusted, he, in such case, has no right to assert his claim on his own authority, but is bound to appeal to the tribunal appointed, according to the forms prescribed, and to establish and assert his right through its authority.

If a principle, so clear and well established, should, in a case like the one supposed, require confirmation,-it may be found in the fact, that the powers of the federal government are all enumerated and specified in the constitution;-while those belonging to the States embrace the whole residuary mass of powers, not enumerated and specified. Hence, in a conflict of power between the two, the presumption is in favor of the latter, and against the former; and, therefore, it is doubly bound to establish the power in controversy, through the appointed authority, before it can rightfully undertake to exercise it.

But as conclusive as these reasons are, there are others not less so. Among these, it may be stated, that the federal government, being of the party of the majority in such conflicts, may, at pleasure, make the appeal to the amending power; while the State,

being of the party of the minority, cannot possibly do so. The reason is plain. To make it, requires, on the part of the State, more than a bare majority. It would then be absurd, to transfer the duty from the party of the majority, which has the power, to that of the minority, which has it not:-and this, too, when, with such a majority, the question of power could be settled in its favor, more easily and promptly, through the federal government itself.

There is also another reason,-if not more conclusive, yet of deeper import. The federal government never will make an appeal to the amending power, in a case of conflict, unless compelled;-nor, indeed, willingly in any case, except with a view to enlarge the powers it has usurped by construction. The only means, by which it can be compelled to make an appeal, are the negative powers of the constitution; and especially, so far as the reserved powers are concerned,-by that of its co-ordinates, -and State interposition. But to transfer the duty from itself to the States, would, necessarily, have the effect, so far as they are concerned, of leaving it in the full and quiet exercise of the contested power, until the appeal was made and finally acted on;— instead of suspending the exercise of the power, until the decision was pronounced;-as would be the case, if the duty were not transferred. In the lat ter case, it would have every motive to exert itself to make the appeal, and to obtain a speedy and final action in its favor, if possible; but in the former, it would be the reverse. The motive would be to use every effort to prevent a successful appeal,

and to defeat action on it; as, in the mean time, it would be left in full possession of the power in question. Nor would it have any difficulty in ef fecting what it desired; as it would be impossible for the State, even without opposition, to succeed in making an appeal, for the reason already assigned.

Its effect would be a revolution in the character of the system. It would virtually destroy the relation of co-ordinates between the federal government and those of the several States, by rendering the negative of the latter, in case of conflict with it, of no effect. It would supersede and render substantially obsolete, not only the amending power, but the original sovereign power of the several States, as parties to the constitutional compact,-by making them, also, of no effect; and, thereby, elevate the federal government to the absolute and supreme authority of the system, with liberty to assume, by construction, whatever power the cupidity or ambition of a dominant party or section might crave.

It would, in a word, practically transform the federal, into a consolidated national government, against the avowed intention of its framers,-the plain meaning of the constitution itself,-and the understanding of the people of the States, when they ratified and adopted it. Such a result is, itself, the strongest, the most conclusive argument against the position. If there were none other, this, of itself, would be ample to prove, that it is the duty of the federal government to invoke the action of the amending power, by proposing a declaratory

amendment affirming the power it claims, according to the forms prescribed in the constitution; and, if it fail, to abandon the power.

On the other hand, should it succeed in obtaining the amendment, the act of the government of the separate State which caused the conflict, and operated as a negative on the act of the federal government, would, in all cases, be overruled; and the latter become operative within its limits. But the result is, in some respects, different,-where a State, acting in her sovereign character, and as a party to the constitutional compact, has interposed, and declared an act of the federal government to be unauthorized by the constitution,-and, therefore, null and void. In this case, if the act of the latter be predicated on a power consistent with the character of the constitution, the ends for which it was established, and the nature of our system of government; -or, more briefly, if it come fairly within the scope of the amending power, the State is bound to acquiesce, by the solemn obligation which it contracted, in ratifying the constitution. But if it transcends the limits of the amending power,-be inconsistent with the character of the constitution and the ends for which it was established, or with the nature of the system, the result is different. In such case, the State is not bound to acquiesce. It may choose whether it will, or whether it will not secede from the Union. One or the other course it must take. To refuse acquiescence, would be tantamount to secession; and place it as entirely in the relation of a foreign State to the other States, as would a posi