Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/187

 CH. XXIX.] between confederated states, much less between states united under the same national government, a clause merely affirmative of an established rule of law, and not denied to the humblest, or most distant foreign nation. It was hardly supposable, that the states would deal less favourably with each other on such a subject, where they could not but have a common interest, than with foreigners. A motive of a higher kind must naturally have directed them to the provision. It must have been, "to form a more perfect Union," and to give to each state a higher security and confidence in the others, by attributing a superior sanctity and conclusiveness to the public acts and judicial proceedings of all. There could be no reasonable objection to such a course. On the other hand, there were many reasons in its favour. The states were united in an indissoluble bond with each other. The commercial and other intercourse with each other would be constant, and infinitely diversified. Credit would be every where given and received; and rights and property would belong to citizens of every state in many other states than that, in which they resided. Under such circumstances it could scarcely consist with the peace of society, or with the interest and security of individuals, with the public or with private good, that questions and titles, once deliberately tried and decided in one state, should be open to litigation again and again, as often as either of the parties, or their privies, should choose to remove from one jurisdiction to another. It would occasion infinite injustice, after such trial and decision, again to open and re-examine all the merits of the case. It might be done at a distance from the original place of the transaction; after the removal or death of witnesses, or the loss of other testimony; after a long lapse of time, and under