§ 443. “Shall be Paid by the Several States.”
It would seem that the indemnity, coupled with the direction that the amount shall be paid, is sufficient to create a debt owing by the State to the Commonwealth. The Constitution contains no provision for the recovery of this debt, and the States, apart from legislation, are not suable except by their own consent (§ 338, supra); but it is submitted that a suit by the Commonwealth for payment, being a matter “in which the Commonwealth is a party,” is within the judicial power, and therefore that the Federal Parliament may, under sec. 78, make laws conferring rights to proceed against the States in such matters.