menced, and has been so far executed). I am of the opinion that Congress does not possess this power—that the states individually cannot grant it; for, although they may assent to the appropriation of money within their limits for such purposes, they can grant no power of jurisdiction of sovereignty, by special compacts with the United States. This power can be granted only by an amendment to the constitution, and in the mode prescribed by it. If the power exist, it must be either because it has been specially granted to the United States, or that it is incidental to some power, which has been specifically granted. It has never been contended that the power was specifically granted. It is claimed only as being incidental to some one or more of the powers which are specifically granted.
"The following are the powers from which it is said to be derived: (1) From the right to establish post offices and post roads; (2) from the right to declare war; (3) to regulate commerce; (4) to pay the debts and provide for the common defense and the general welfare; (5) from the power to make all laws necessary and proper for car-
