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 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 latter 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,
