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Show -90- but it has been seldom invoked* This jurisdictionof the lower Federal and State courts is* of course5 the same character of power which permits an American court to interpret the international relations between American and Germany;, for example * in a suit between private citizens of those two powers. These last three avenues of action, namely (a) diplomacy and treaty between states with the consent of Congress, (b) a suit between states in the Supreme Court of the United States* and (c) such relief as may result from appeal by private citizens to other Federal (and theoretically, State) courts, can be discussed in order. Eecause of the authority of the Su- preme Court as a substitute for war* and its position therefore as the last arbiter, the function of this courts though historically younger* can best be discussed first. I* SETTLEMENT BY SUITS BETIJEEN STATES IN THE FEDERAL SUPREME COURT. The power of the Supreme Court to adjust disputes between states3 which in theory at least are- independent sovereignties bound by a loose and limited alliance, on specific subjects* is almost unique in history and has attracted wide attention as an experiment in international law. Practical- ly* of course^ the court is not international in any real sense<> A query addressed to any. inexpert citizen would reveal that he had no conception of the Supreme Court* In legal theory., however * and to sons degree in pra0tioe, the several states are sovereign. Interestingly enough, the Su- preme Court itself, after a century and a third of this power* has scarce- ly advanced from timidity to reluctance in the exercise of it. » The Articles of Confederation established no central judiciary., and made the Congress "the last resort" in disputes between States"concerning boundary, jurisdiction or any cause whatever." An elaborate procedure for the choice of a special judicial commission of seven is provided (Ar. ix)« The Constitution establishes a judicial department, with the following pertinent phrases; "The judicial power shall be vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish* * * * The judicial power shall extend * * * to controver- sies be-tween two or mere states$ between a State and citizens of another State" and to other named subjects. "In all cases * * * in which a State shall be a party, the Supreme Court shall have original jurisdiction" (Art. III). It will be noticed that the original jurisdiction of the Supreme Court is not made expressly exclusive, but the right to make a state a party unwillingly in any other court is foreclosed by the Eleventh Amend- ment. The interesting controversy as to whether an individual could sue a State without consents the assurances of the Federalist to the contrary5 and the decision of the Supreme Court that he could, are all erased by that amendment and outside our present inquiry, but have left an inheri- tance in the cautious demeanor of the Supreme Court in most interstate cases since. That attitude is of first-order importance today* The first case to arise was a boundary dispute between New York and Connecticut (I4 Dallas l), begun in 1799* while the ink on the Constitution was scarcely dry. The refusal of Chief Justice Ellsworth to take part |