Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/186

 178 authenticated. The first is declared, and established by the constitution itself, and is to receive no aid, nor is it susceptible of any qualification by congress. The other two are expressly subjected to the legislative power.

§ 1303. Let us then examine, what is the true meaning and interpretation of each section of the clause. "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state." The language is positive, and declaratory, leaving nothing to future legislation. "Full faith and credit shall be given;" what, then, is meant by full faith and credit? Does it import no more than, that the same faith and credit are to be given to them, which, by the comity of nations, is ordinarily conceded to all foreign judgments? Or is it intended to give them a more conclusive efficiency, approaching to, if not identical with, that of domestic judgments; so that, if the jurisdiction of the court be established, the judgment shall be conclusive, as to the merits? The latter seems to be the true object of the clause; and, indeed, it seems difficult to assign any other adequate motive for the insertion of the clause, both in the confederation and in the constitution. The framers of both instruments must be presumed to have known, that by the general comity of nations, and the long established rules of the common law, both in England and America, foreign judgments were prima facie evidence of their own correctness. They might be impugned for their injustice, or irregularity; but they were admitted to be a good ground of action here, and stood firm, until impeached and overthrown by competent evidence, introduced by the adverse party. It is hardly conceivable, that so much solicitude should have been exhibited to introduce, as