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OOQ218 -37- (143 u.s. 621. 622); and by the act of 1885 "a joint commission was orp;ani zed" (143 u. S. 621, 636); ~ \.ithout further multiplicetion of elCamp1es. it vlou1d rppcar that whore two representatives of the tJnited States and of a State are duly appointed for the purpose of settling a boundel'Y or some other dispute, such persons 'ue "commissioners" and are co11ecti vely a "joint com- mission," and as the court said (162 U.S. 76)., "Under the aot of TelCas of 1882 "nd the act of Congress of 1885, tre two Governments appointed commissioners," and the body so constituted was a "joint commission." '. This exercise of the treaty-making powers 0 f the two separate Governments (National and State) necessarily proceeds upon the funda- mental fact that there are two separate and distinct Govern"",nts, each having its attributes of sovereignty. Of this we shall make mention in a separete memorandum. cotlPACTS BETHEEN STl_TE J.i':D NATIOHJ.L GOV;,,,H1Q;NTS Controversies arising between two Stctes or between the United Strtes and a State or Stf\tea may be settled by compact or agreement or by judi ci"l determination by tllfl United States Supremo Court. Diplomacy failing the suit before tie court is the substitute for war, In either event the high contracting or litigati'1 g pe,.ties prcceed upon tie basis of sovereignties. ,"tch e:wrcising independent and seprrate powers, and erch elCclusiv<> ,;ithin its proper sphere. As said by Mr. Ju,tice Harlan in United States v. Texas (143 u.s. 621, 646). "The submission to judicial solution of controversies "rising between these tVIO Governments. 'eech scvereign with respect to the objeots cOl1Unitted to it, and neither sovereign with respect to the objects conunitted to the other.' jJcCulloch v. state of Maryland (4 Hheat, 316. 400. 410), but both subject to the supreme 1l1Yl of t he land, does no violence to the in- herent wture of sovereignty. The State s c f the Union have agreed, in tie Constitution. that the judici"l power of too United States shall e:ctend to all cases arising under the Con- stitution, lo.ws, and treaties of the United St,tes, withoot regard to the ch-'lracter of too "arties (excludingl of course. suits against a State by its own citizens or by citizens of other Strtes, or by citizens or subjects of foreign States). and egually to controversies to vlhich the United States shall be a p:crty, without regrrd to the subject of such contro- versies. and that this court may exercise original jurisdiction in all such ceses 'in vlhich 0. State shall be p.o.rty, I without excluding those in which the United St,.tes may be the opposite party,. "