Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/182

 174

§ 1297. first section of the fourth article declares: "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may by general laws prescribe the manner, in which such acts, records, and proceeding shall be proved, and the effect thereof."

§ 1298. The articles of confederation contained a provision on the same subject. It was, that "full faith and credit shall be given in each of these states to the records, acts, and judicial proceedings of the courts and magistrates of every other state." It has been said, that the meaning of this clause is extremely indeterminate; and that it was of but little importance under any interpretation, which it would bear. The latter remark may admit of much question, and is certainly quite too loose and general in its texture. But there can be no difficulty in affirming, that the authority given to congress, under the constitution, to prescribe the form and effect of the proof is a valuable improvement, and confers additional certainty, as to the true nature and import of the clause. The clause, as reported in the first draft of the constitution, was, "that full faith and credit shall be given in each state to the acts of the legislature, and to the records and judicial proceedings of the courts and magistrates of every other state." The amendment was subsequently