Page:United States Reports, Volume 2.djvu/309

 Cneuxr Coursr, Penn/jlwnfa Diitriet. go; { each State to the public aéts, records and judieialdproceedinge gygg,, l of every other State": And the aéi: provides, that ofe record; gy`; and judicial proceedings, being authenticated in the mode pre- - 1 feribed, •¢ {hall have fuch faith and credit given to them in every Court within the United Slater, as they have by law or ufage in the Courts of the State, from whence the [aid records are, or {hall be, talten." It is a general principle, that a debt cannot be denied, without denying the initrument on which it is founded: and the only queiiion left open,by the at} of Congrefs, is·-whe- ther the Courts of New-_7e»j`ey would fuftain any other plea than nu! tie! record, if the prefeut azion had been brought there. Ingerfall declined arguing the po t for the defendant; think- ing it clearly againft him. Wuson, _71g?ice:—There can be no- diiliculty in this cafe; ` If the plea would be bad in the Courts of New-§’er_/`ey, it is bad. here : for, whatever doubts there might be on the words of the ‘ Conftitution, the atl of Congrefs etfeétually removes‘them; ` declaring in dire£i: terms, that the record {hall have the fame eH·`e& in this Court, as in the Court from which it was taken. _ 'In the courts of Ne·w·_7e•j&y no fuch plea would be fuiiained; and,`therefore, it is inadmiilible in any Court fitting in Pemyyb · , oamu. · Bmrybrd then propofed fettling the intereftg but Wrtsorr, I yiyliee, obferved, that he had had more than one occaiion to ob- jeét to theCourt’s interpo{ing,in any form, to ail`efs damages. In · fome States, he faid, it had, indeed, grown into a praétice; and - the Courts had in that, and, perhaps, in many other infiances, done the bulinefs which ought to goto a Jury. Lewis referred ‘ ` to a cafe in the Supreme Court of the United States, in which ‘, i this point had been made, tho' not direétlly, decided; but the ' _' ¤ Judge fid, it was not the foundation of t e judgment of the _r, Court; and that, in his opinion, a Writ of Enquiry was the re- gular mode of proceeding} ' ` It being fuggelied, however, that the ufage in the State Courts ` was to enter the judgment generally ; and that the plaintif `·; mult afcertain the debt, and iii`ue execution at his own peril ; ` that mode was adopted on the prefent occafion. · ‘ judgment for the Plaintiiii _ L 4},;;} _. Stale':.
 * But fee Brown o. Van Br-com in the Supreme Court of the United

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