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Show -119". Mr. Justice Field thus discussed Congressional consent "The Constitution does- not state when the consent of Congress shall be given-, whether it shall precede or may follow the compact made, or whether it shall "be express or may be implied* In many cases the consent will usually precede the compact or agreement, as where it is to lay a duty of tonnage, to keep troops or ships cf war in time of peace, or to engage in war* But where the agrees ment relates to a matter which could not well be considered until its nature is fully developed, it is not perceived why the consent may not be subsequently given <-. Story says that the consent may be implied, and is always to be implied when Congress adopts the par- ticular act by sanctioning its objects and aiding in enforcing them,0 and observes that where a State is admitted into the Union, notor«- iously upos a. cocipe.ot made between it and the State of which it previously composed a part., there the act of Congress, admitting such State intothe Union, is an implied consent to the terms of the compact 3" (Virginia vse Tennessee^ li+8 U# Sc 503* 5^1©) Interstate compacts may be formulated by "commissioners" for the negotiating States,, constituting a "joint commission", whose con- clusions are subsequently adopted by the legislatures of the signatory States., or may be made by concurrent or reciprocal legislation, in which latter case the one State offers and the other accepts by legislative acts. Where the compacts are formulated in the first- instance by "Coranissioners"., such comis si oners are usually appointed by the Gover«» nors of the States pursuant to authority previously conferred by legis- lative acts in both States0 But, where nothing to the contrary appears in the constitution and laws of any State, the powers incident to the high. office of Chief Executive of the State might perforce include the power of appointing a representative or commissioner for purposes essential to the general welfare of the State, vdthout prior specific authority or mandate from the legislature, and even though such appointment by the Governor were considered a usurpation of power and the acts of any such commissioner were ultra vires, a subsequent ratification by the state legislature of any compact, to which the State had been made a party signatory by any commissioner so appointed, would validate such compact .and make the same as binding upon the State as though the appointment had been made pursuant to prior legislation* As regards compacts by concur- rent legislation, "the mutual declarations may then be reasonably treated as made upon mutual considerations," and in case of the ratification of a duly formulated comriact such ratification ia deemed to have been mutual- ly made by each State in consideration of the ratification by the other, (Vir, vs9 Tenn, ll+8 U. S. 503, 520-521), Other methods might be sug- gested but their consideration is unnecessary at this tijiie*, Sanction of Congress having been obtained, thereby restoring the States to their relative positions of complete sovereignties, the States may properly treat with each other upon any subject matter author- ized by Congress and, without prior Congressional sanction, may so treat |