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[ 2R ] shall be a party, without regard to the subject of such contro- versies, and that this COllrt may exercise original jurisdietion in all such cases 'in the which a State shall be party,' without ex- cluding those in which the United States may be the opposite party." The power to enter iIito compa.ct between a State or StateR and the United States is founded upon the sam.e principle as the power in the Supreme Court to settle controversies between States, as said bl' Mr. Justice Harlan in the foregoing case (1" (44), "VVe can not assume that the framers of the Oonstitution, while exl-ending the judicial power of. the United States to con- troversies between two 01' lIIore States of the Union and between a State of the Union and foreign States, intended to exempt a State altogether from suit by the General Government." The above statement followed an analysis of the position taken bl' 'l'exas (p, 641) : "Texas insists that no such juriRdiction has been conf(>rred npon this court, and that the only mode in which the present dispute eun be peaceably settled is by agreement, in some form, between the United States and that State, Of course, if no such agreement can be reached-and it seems that onel is not probable -and if' neither party will surrender its claim of authority and jurisdirtiou over the disputed territory the result, according to the defendallt's theorl'. of the Constitution, must be that the United States, in order to effect a settlement of this vexed ques- tion of boundary. must bring its suit in one of the courts of 'rexas * '* * 01' that, in the end, there mm;;t be a. trial of physical strength between the Government of the Union and Texas." The court decided that, inasmuch as the State and the United States did not settle their controversl' bJ' compact, the Supreme Oourt had the power to determine the controversy between the United States and the State, . . The right to settle bl' compact proceeds upon the sovereigntl' of the State and the sovel'eigntl' of the Nation, As stated regard- ing anothel~ matter, "It is a matter between two sovereign powers." (U, S. 1', La" 127 U, S, 182, 189,) . The following quotations bear UpOll this geueral subject of power and separate sovereignty: "The powers not delegated to the United States by the Con- stitution, nor prohibited bl' it to the Fitates, are reserved to the States, l'espeetively, Or to the people." (Constitution of the United States, tenth amendment,) "It must be recollected that previons to the formation of the new Oonstitution we were divided into iudependent States, united.