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 positive
