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<br /> <br />the substitute fo~ will'. In either event the high contracting or <br />litigating partie~ proceed upon the hasis of sovereignties, ell;ch <br />exercising independent and separate powers, and each excluslVe <br />within its prope~ sphere. As said by Mr. Justice Harlan in <br />United States v.ITexas (143 U. S., 621, 646) : <br /> <br />"The submission to judicial solution of controversies al'ising <br />hetween these two Gavernments, 'each sovereign with respect to <br />the objects. comm,itted to it, and neither sovereign with respect to <br />the objects comrrjitted to the other,' McCulloch v. Stllte of Mary. <br />lllnd (4 Wheat, ;l16, 400, 410), but both subject to the supreme <br />law of the land, 1l0es no violence to the inherent nature of sover- <br />eignty. 'l'he Strutes of the Union have agl'eed, in the Oonstitu. <br />tion, that the ju4icial power of the United States shall ext~nd to <br />all cases arising! nnder' the Constitution. laws, and treaties of <br />_ the United States, without regard to the character of the parties <br />(excluding, of cohrse, suits against a State by its own citizens or <br />by citizens of other States, or by citizens or subjects of foreign <br />States), and equally to controversies to which the United States <br />shall be a party) without regard to the subject of such contro- <br />versies, and that! this court may exercise original jurisdiction in <br />all such cases 'i4 the which a State shall be party,' without ex. <br />clnding those inl which the United States may be the opposite <br />party." , <br /> <br />The power tb enter into' compact between a State or States <br />and the United States is founded upon the same principle as the <br />power in the' f'\\;preme Court to settle controversies betweeu <br />States, as said ~y Mr. Justice Harlan in the foregoing case (p, <br />644), "We call n'ot assume that the framers of the Constitution, <br />while extending :the judicial power Of the United States ta con. <br />troversies betwe~n two or more States of the Union and between <br />a State of the Union and foreign States, intended to exempt a <br />State altogether r~am suit by the General Government." <br /> <br />The above ~tatement followed an analysis of the position <br />taken by Texas (p. 641) : ' <br /> <br />"Texas insi~ts that no such jnrisdiction has been conferred <br />npon this court) and that the only mode in which the present <br />dispute can be ~eaceably settled is by agreement, in some form, <br />between the United States and that State. Of course, if no such <br />agreement can b~ reached-and it seems that oIfe is not probable <br />-and if' neither! party will surrender its claim of authority and <br />jurisdiction oveJ the disputed territory the result, according to <br />the defendant's I theory of the COJ;lstitution, must he that the <br />United States, in order to effect a settlement of this vexed ques. <br />tion of boundarlv, must bring its snit in one of the comts of <br />Texas' . . or t~at, in the end, there must be a trial of physical <br />strength betweeI/- the Government of'the Union and Texas." <br /> <br />The conrt d~cided that, inasmnch as the State and the United <br /> <br />[ 18 ] <br />