be deemed mere private rights of sovereignty; such as questions of boundary; interests in land, situate in the territory of each other; and other internal regulations for the mutual comfort, and convenience of states, bordering on each other. Such compacts have been made since the adoption of the constitution. The compact between Virginia and Kentucky, already alluded to, is of this number. Compacts, settling the boundaries between states, are, or may be, of the same character. In such cases, the consent of congress may be properly required, in order to check any infringement of the rights of the national government; and at the same time a total prohibition, to enter into any compact or agreement, might be attended with permanent inconvenience, or public mischief.
§ 1398. The other prohibitions in the clause respect the power of making war, which is appropriately confided to the national government.[1] The setting on foot of an army, or navy, by a state in times of peace, might be a cause of jealousy between neighbouring states, and provoke the hostilities of foreign bordering nations. In other cases, as the protection of the whole Union is confided to the national arm, and the national power, it is not fit, that any state should possess military means to overawe the Union, or to endanger the general safety. Still, a state may be so situated, that it may become indispensable to possess military forces, to resist an expected inva-- ↑ There were corresponding prohibitions in the confederation, (art 6,) which differ more in form, than in substance, from those in the constitution. No state was at liberty, in time of peace, to keep up vessels of war, or land forces, without the consent of congress. Nor was any state at liberty to engage in war without the consent of congress, unless invaded, or in imminent danger thereof.
