Independence Hall Home Search Contents Indexes Help
Eagle

Article 4, Section 1



Document 4

Records of the Federal Convention

[2:188; Madison, 6 Aug.]

XVI

Full faith shall be given in each State to the acts of the Legislatures, and to the records and judicial proceedings of the Courts and Magistrates of every other State.

[2:445; Journal, 29 Aug.]

It was moved and seconded to commit the following proposition

Whensoever the act of any State, whether legislative executive or judiciary shall be attested and exemplified under the seal thereof, such attestation and exemplification shall be deemed in other State as full proof of the existence of that act--and it's operation shall be binding in every other State, in all cases to which it may relate, and which are within the cognizance and jurisdiction of the State, wherein the said act was done

which passed in the affirmative

It was moved and seconded to commit the following proposition

Full faith ought to be given in each State to the public acts, records, and judicial proceedings of every other State; and the Legislature shall by general laws determine the Proof and effect of such acts, records, and proceedings

which passed in the affirmative

and the foregoing Propositions together with the 16 article were referred to the honorable Mr Rutledge, Mr Randolph, Mr Gorham, Mr Wilson and Mr Johnson

[2:447; Madison, 29 Aug.]

Art: XVI. taken up.

Mr. Williamson moved to substitute in place of it, the words of the Articles of Confederation on the same subject. He did not understand precisely the meaning of the article.

Mr. Wilson & Docr. Johnson supposed the meaning to be that Judgments in one State should be the ground of actions in other States, & that acts of the Legislatures should be included, for the sake of Acts of insolvency &c--

Mr. Pinkney moved to commit art XVI, with the following proposition, "To establish uniform laws upon the subject of bankruptcies, and respecting the damages arising on the protest of foreign bills of exchange"

. . . . .

Mr. Madison was for committing both. He wished the Legislature might be authorized to provide for the execution of Judgments in other States, under such regulations as might be expedient--He thought that this might be safely done and was justified by the nature of the Union.

Mr. Randolph said there was no instance of one nation executing judgments of the Courts of another nation. He moved the following proposition.

"Whenever the Act of any State, whether Legislative Executive or Judiciary shall be attested & exemplified under the seal thereof, such attestation and exemplification, shall be deemed in other States as full proof of the existence of that act--and its operation shall be binding in every other State, in all cases to which it may relate, and which are within the cognizance and jurisdiction of the State, wherein the said act was done."

On the question for committing art: XVI with Mr. Pinkney's motion

N. H. no. Mas. no. Ct. ay. N. J. ay. Pa ay. Del. ay. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. ay. [Ayes--9; noes--2.]

The motion of Mr. Randolph was also committed nem: con:

Mr. Govr. Morris moved to commit also the following proposition on the same subject.

"Full faith ought to be given in each State to the public acts, records, and judicial proceedings of every other State; and the Legislature shall by general laws, determine the proof and effect of such acts, records, and proceedings". and it was committed nem: contrad:


The Founders' Constitution
Volume 4, Article 4, Section 1, Document 4
http://press-pubs.uchicago.edu/founders/documents/a4_1s4.html
The University of Chicago Press

Farrand, Max, ed. The Records of the Federal Convention of 1787. Rev. ed. 4 vols. New Haven and London: Yale University Press, 1937.

Easy to print version.


Home | Search | Contents | Indexes | Help

© 1987 by The University of Chicago
All rights reserved. Published 2000
http://press-pubs.uchicago.edu/founders/