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<br /> <br />[ 19 ] <br /> <br /> <br />Stat~s did not settle their cantroversy by campact, the Supreme <br />Oourt had the power to determine the controversy between the <br />United States and the State. <br /> <br />'l'he right to settle by compact proceeds upon the sovereignty <br />of the State and the sovereignty of the Nation. As stated regard. <br />ing another matter, "It is a matter between two sovereign <br />powers." (U. S, v. La., 127 U. S. 182, 189.) <br /> <br />The following' quotations bear upon this general subject of <br />pawer and separate sovereignty: <br /> <br />"The powers not delegated to the United States by the Con- <br />stitution, nor prohibited by it to the States, are reserved to the, <br />States, rcspectively, or to the people." (Constitution of the <br />United States, tenth amendment.) <br /> <br />"It must be recollected that previous to the formation of the <br />new Constitution we were divided into independent States, united <br />for some purposes, but in most respects sovereign." (Cbief J ns- <br />tice Marshall in Sturges v. Crowninshield, 4 Wheat., 122, 192.) <br /> <br />"Reference has been made to the political situatian of these <br />States, anterior to its (Constitution) formation. It has been <br />said that they were sovereign, were completely independent, and <br />were connected with each other only by a league. This is true," <br />(Chief Justice Marshall in Gibbons v. Ogden, 9 Wheat., 1, 187). <br /> <br />"The United States are sovereign as to all the powers of <br />Government actually surrendered. Each State in the Union is' <br />sovereign as to all the powers reserved. It must necessarily be <br />so, because the United States have no claim to any anthol'ity but <br />sucl~ as the States have surrendered to them. Of course, the part <br />not surrend'ered must remain as it did before." (Chisholm v. <br />Georgia, 2 Dall., 419, 435.) <br /> <br />"In Amel'ica the powers of sovereignty are divided between <br />the Government of the Union and those of the States. They are <br />each sovereign with respect to the objects committed to it, and <br />neither sovereign with respect to the objects committed to the <br />othCl'. (Ohief Justice Marshall in McCulloch v. Maryland, .1, <br />Wheat., 316, 410.) <br /> <br />"Under the Articles of Confederation each State retained its <br />sovereignty, freed<>m, and independence, and every power, juris- <br />diction, and right not expressly delegated to the United States. <br />Under the Constitution, though the powers (}f the States were <br />mnch restricted, still all powers not delegated to the United <br />States, nor prohibited to the States, are reserved to the States <br />respectively, 01' to the people. And we have already had occa: <br />sion to remark at this term, that 'the people of each State com- <br />pose a State, having its own government and endowed with ail <br />the functions essential to separate and Independent existence,' <br />