Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/189

 CH. XXIX.] § 1305. The next section of the clause is, "And the congress may by general laws prescribe the manner, in which such acts, records, and proceedings shall be proved,—and the effect thereof." It is obvious, that this clause, so far as it authorizes congress to prescribe the mode of authentication, is wholly beside the purpose of the preceding. Whatever may be the faith and credit due to the public acts, records, and proceedings of other states, whether prima facie evidence only, or conclusive evidence; still the mode of establishing them in proof is of very great importance, and upon which a diversity of rules exists in different countries. The object of the present provision is to introduce uniformity in the rules of proof, (which could alone be done by congress.) It is certainly a great improvement upon the parallel article of the confederation. That left it wholly to the states themselves to require any proof of public acts, records, and proceedings, which they might from time to time deem advisable; and where no rule was prescribed, the subject was open to the decision of the judicial tribunals, according to their own views of the local usage and jurisprudence. Many embarrassments must necessarily have grown out of such a state of things. The provision, therefore, comes recommended by every consideration of wisdom and convenience, of public peace, and private security.

§ 1306. But the clause does not stop here. The words added are, "and the effect thereof." Upon the proper interpretation of these words some diversity of opinion has been judicially expressed. Some learned judges have thought, that the word "thereof" had reference to the proof, or authentication; so as to read, "and to prescribe the effect of such proof, or authentication." Others have thought, that it referred to the