OCR Text |
Show provided that the President should appoint a representative to act in harmony with one from the State cf Texas for the purpose of definitely locating the bound- ary between the Indian Territory and the State of Texas. The following references to the representatives so appointed and the name cf the body so constituted ap- pear in the decisions in the above case at the following pages "A commissioner was appointed on behalf of the United States" (162 U» S«, 1, 65); "the commission- ers of the two Governments"-i, e«, the Government of Texas and the Government of the United States (162 U, S., 1, 66); "a joint commission on the part of the United States and Texas commenced the work etc., (143 U« S., 621, 635); "the commissioner on the part of the United States" (id); "the commassioners of the United States and Texas" (id); ' By the act of January 31, 1885, chapter 47 (23 Stat., 296, 297), it was pro- vided that the United States should appoint a representative who should work in conjunction with a representative to be appointed by the State of Texas, for the purpose of ascertaining.the boundary. The following references appear as des- criptive of the person and the agency: "The two Governments (United States and State of Texas) appointed commission- ers" (162) U* S«,- 1, 76); the joint body so constituted is defined as "the Joint Boundary Commission*1 (162) U» S», 1, 21); in the act by the Legislature of Texas authorizing the appointment of its commissioner, the combined representation of the two Governments (state and National)-is designated a "joint commission" (162 U. 5* 1, 73); by the act authorizing the suit between the United States and Texas (26 Stat., 81, 92, chap. 182, sec. 25) the commission'formed under the act of I885 with the State of Texas is designated as "the joint boundary commission under the act of Congress," etc, (li+3 U. S., 621, 622); and by the act of 1835 "a joint commission was organized" (1I4.3 U» S. 621, 636); Without further multiplication of examples, it would appear that where two representatives of the United States and of a State are duly appointed for the purpose of settling a boundary or some other dispute, such persons are "com- missioners" and are collectively a "joint commission," and as the court said (162 IT. S., 76), "Under the act'of Texas of 1882 and the act of Congress of I885, the two Governments'appointed commissioners," and the body so constituted was a "joint commission." This exercise of the treaty-making powers of the two separate Governments (National arid State) necessarily proceeds upon the fundamental fact that there are two separate and distinct Governments, each having its attributes of sover- eignty. Of this we shall make mention in a separate memorandum. COMPACTS BETWEEN STATS AID NATIONAL GOVERNMENTS Controversies arising between two States or between the United States and a State or States may be settled by compact or agreement or by judicial de- termination hy the United States Supreme Court. Diplomacy-failing, the suit be- fore the court is the substitute for war. In either event the high contracting or litigating parties proceed upon the basis of sovereignties, each exercising independent and separate powers, and each exclusive within its proper sphere. As said by LEr. Justice Harlan in United States v. Texas (1I4.3 U. S», 621, 61+6) i- "The submission to judicial solution of controversies arising between these -6- |