quently depend for the support and execution of
their powers, * * *"[109] Indeed, the Constitution itself lays many
duties, both positive and negative, upon the different organs of State
government,[110] and Congress may frequently add others, provided it
does not require the State authorities to act outside their normal
jurisdiction. Early Congressional legislation contains many
illustrations of such action by Congress.

The Judiciary Act of 1789[111] left the State courts in sole possession
of a large part of the jurisdiction over controversies between citizens
of different States and in concurrent possession of the rest. By other
sections of the same act State courts were authorized to entertain
proceedings by the United States itself to enforce penalties and
forfeitures under the revenue laws, while any justice of the peace or
other magistrate of any of the States was authorized to cause any
offender against the United States to be arrested and imprisoned or
bailed under the usual mode of process. Even as late as 1839, Congress
authorized all pecuniary penalties and forfeitures under the laws of the
United States to be sued for before any court of competent jurisdiction
in the State where the cause of action arose or where the offender might
be found.[112] Pursuant also of the same idea of treating State
governmental organs as available to the National Government for
administrative purposes, the act of 1793 entrusted the rendition of
fugitive slaves in part to national officials and in part of State
officials and the rendition of fugitives from justice from one State to
another exclusively to the State executives.[113] Certain later acts
empowered State courts to entertain criminal prosecutions for forging
paper of the Bank of the United States and for counterfeiting coin of
the United States,[114] while still others conferred on State judges
authority to admit aliens to national citizenship and provided penalties
in case such judges should utter false certificates of
naturalization--provisions which are still on the statute books.[115]

With the rise of the doctrine of States Rights and of the equal
sovereignty of the States with the National Government, the availability
of the former as instruments of the latter in the execution of its
power, came to be questioned.[116] In Prigg _v._ Pennsylvania,[117]
decided in 1842, the constitutionality of the provision of the act of
1793 making it the duty of State magistrat