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ijGJ219 -38- ~. The power to enter into compruot between a State or etates and the United States is founded upon the same prinoiple os the pow.r in the Supreme Court to settle controversies between St-t es, as said by l-lr. Justice Harlan in the foregoing oaee (p. 644), "Ho cnn not assume thet the framers of the Constitution, while e~tending the judicial povrer of the Uni tad Stctes to controversies between two or more States of the Union and between a State of t he Union D.nd foreign Stctos, intended to exeropt a State altogether from suit by the General Government." ~, The above statement followed an analysis of the position taJ,en by Texas (p, 641), "Texas insists that ne suoh jurisdiction has been oon- ferred upon this court, and that the only mode in which the present dispute cen be peaceably settled is by "_greement, in some form, betV/een t re United States and th-. t State, Of cour sa, if no such agreement can be re"cheQ - and it seems that one is not probable - and if neither party vii 11 sw"render its claim of authority and jurisdiction over the disputed territory, the result, according to the defendant's theory of the Constitution, must be that the United States, in order to effect a settlement of this vexed question of boundary, must bring its suit in one of the oourts of Tr.xas + * * or that, in the end, there must be a trial of physical strength between the Government of the Union and Texas." The court decided tlk'1.t, inasmuch as the state and the United States did not settle their controversy by compact, the SuprellB Court had the pow'r to determine the controversy between the United States and the State. The right to settle by compact proceeds upon the sovereignty of the State and the sovereignty of the Nation, As stated regarding another matter, "It is a me.tter between two sovereign poV/ers," (U. S. v. la., 127 U.S. 182, 189), The follcming quotations bear upon thi5 general subject of power and separate sovereigntys , "The pow-rs not delegated to the United States by the Constitution, nor prohibited by it to the States, are re- served to the States, respectively, or to the people." (Constitution of United States, tenth amendment). "It must be reco llected thot previous to the formD.tion of t he new COllsti tution we were divided int" independent States, united for some purposes, but in most respects sovereign." (Chief Justice j.hrshall in Sturges v, Crownin- shield, 4 Wheat., 122, 192),