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Show -117- Without further discussion or quotation from the authorities, sufficient would already appear to justify the conclusions:--(l) that the original thirteen colonies were separate and independent States (Nations) after their independence from England had been established) (2) that, when these States adopted the Constitution, they surrendered to the United States only those attributes of sovereignty expressly granted or prohibited in the Constitution or passing by necessary impli- cations, and reserved unto themselves all the other attributes of separ- ace and distinct sovereignties; (3) that although the General Government and the States,, since hitherto have both existed within the same general territorial limits, they ware and are separate and distinct sovereign- ties, acting separately and independently, within their respective spheres and that while the United States is supreme in its appropriate sphere,, the States., old and new, within the limits of their powers not granted or pro~ hibited, or, in the language of the Tenth Amendment "reserved", are as independent of the United States as that government within its sphere is independent of the Statesj and (h) that all States subsequently admitted to the Union stand in all respects upon an equality with the original States and retain the same sovereign powers retained by the original States, irrespective of the order or time when each of the new States was admitted to the Union and irrespective of any provision of the enabling acts to the contrary, POWERS OF WAR AND TREATY - STATES - ' UNITED STATES The States (both old and new) being separate sovereignties in- dependent of each other and independent of the General Government^ except as limited by the Constitution, It would follow that the States have pow- er to make war or treat with each other or to singly or collectively treat or make war with the General Government, unless otherwise limited- or prohibited by the Constitution,, The right of any State of the Union to make war upon a foreign nation was surrendered to the National Government by the Constitution, and the right of the States to make war against the United States was settled forever by the Civil War* The power of one or more States to en- gage in warfare with other States of the Union was likewise surrendered by the Constitution and the right to submit their interstate controver- sies to judicial settlement by original suit before the Supreme Court was substituted. In such original proceedings, by reason of the charac- ter of the parties, the Supreme Court sits as an international tribunal for the settlement of controversies between the States as separate sovereignties and the rights and interests of the citizens of the liti- gant States and their respective property interests are merged within the greater right of the States as sucho (Kans» vs. Colo., 206, U, S, U&, 85j Georgia vs. Tenn, Copper Co., U. S# 230, 2370) . Having thus disposed of the rights of the States of the Union to engage in war, a consideration of their rights to treat with one an- other and to enter into binding compacts remains for consideration© |
