hed from
appearing in a similar suit to defend its officials,[52] and by general
law specifically consenting to suit in the federal courts. Such consent
must be clear and specific and consent to suit in its own courts does
not imply a waiver of immunity in the federal courts.[53] It follows,
therefore, that in consenting to be sued, the States, like the National
Government, may attach such conditions to suit as they deem fit.

Notes

[1] 2 Dall. 419 (1793).

[2] Justice Frankfurter dissenting in Larson _v._ Domestic & Foreign
Corp., 337 U.S. 682, 708 (1949).

[3] 6 Wheat. 264, 411-412 (1821).

[4] 9 Wheat. 738 (1824).

[5] Ibid. 850-858.

[6] 1 Pet. 110 (1828).

[7] Ex parte Ayers, 123 U.S. 443, 487 (1887).

[8] Osborn _v._ Bank of the United States, 9 Wheat. at 858, 859, 868.

[9] Lincoln County _v._ Luning, 133 U.S. 529 (1890).

[10] Hopkins _v._ Clemson Agricultural College, 221 U.S. 636 (1911).
_See also_ Bank of the United States _v._ Planters' Bank of Georgia, 9
Wheat. 904 (1824), where a State bank was held liable to suit although
the State owned a portion of its stock, and Briscoe _v._ Bank of
Kentucky, 11 Pet. 257 (1837), and Bank of Kentucky _v._ Wister, 2 Pet.
318 (1829), where the State bank was held liable to suit even though the
State owned all of the stock. Compare, however, Murray _v._ Wilson
Distilling Co., 213 U.S. 151 (1909), which held that a State in engaging
in the retail liquor business does not surrender its immunity to suit
for transaction of a nongovernmental nature. Here the State conducted
the business directly rather than through the medium of a corporation.

[11] Hans _v._ Louisiana, 134 U.S. 1 (1890); Fitts _v._ McGhee, 172 U.S.
516, 524 (1899); Duhne _v._ New Jersey, 251 U.S. 311, 313 (1920); Ex
parte New York, 256 U.S. 490 (1921).

[12] Monaco _v._ Mississippi, 292 U.S. 313, 329 (1934).

[13] Smith _v._ Reeves, 178 U.S. 436 (1900).

[14] New Hampshire _v._ Louisiana, 108 U.S. 76 (1883). However, this
rule does not preclude a suit by a State to collect debts which have
been assigned to it and the proceeds of which will remain with it. South
Dakota _v._ North Carolina, 192 U.S. 286 (1904)

[15] 134 U.S. 1, 11 (1890).

[16] 292 U.S. 313, 328-332 (1934).

[17] For the liability of the States to suit by the United States _see_
the discussion of the right of the United States to sue under article
III, Sec. 2, _supra_, pp. 584-585.

[18] Tindal _v._ Wesley, 167 U.S. 2