from whence the said records are or shall be taken."[1] It has been settled upon solemn argument, that this enactment does declare the effect of the records, as evidence, when duly authenticated. It gives them the same faith and credit, as they have in the state court, from which they are taken. If in such court they have the faith and credit of the highest nature, that is to say, of record evidence, they must have the same faith and credit in every other court. So, that congress have declared the effect of the records, by declaring, what degree of faith and credit shall be given to them. If a judgment is conclusive in the state, where it is pronounced, it is equally conclusive every where. If re-examinable there, it is open to the same inquiries in every other state.[2] It is, therefore, put upon the same footing, as a domestic judgment. But this does not prevent an inquiry into the jurisdiction of the court, in which the original judgment was given, to pronounce it; or the right of the state itself to exercise authority over the persons, or the subject matter. The constitution did not mean to confer a new power or jurisdiction; but simply to regulate the effect of the acknowledged jurisdiction over persons and things within the territory.[3]
- ↑ By the act of 27th March, 1804, ch. 56, the provisions of the act of 1790 are enlarged, so as to cover some omissions, such as state office-books, the records of territorial courts, &c.
- ↑ Mills v. Duryee, 7 Cranch. R. 481; Hampden v. M'Connell, 3 Wheat. R. 234; 1 Kent's Comm. Lect. 12, p. 243, 244; Sergeant on Const. ch. 31, [ch. 33.]
- ↑ Bissell v. Briggs, 9 Mass. R. 462, 467; Shumway v. Stillman, 4 Cowen's R. 292; Borden v. Fitch, 13 Johns. R. 121.
