"And insert the following as article 16, viz., 'Full faith and credit 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, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect which judgments, obtained in one state, shall have in another.'"
After receiving these reports, the House adjourned.
Monday, September 3.
In Convention.—Mr. GOUVERNEUR MORRIS moved to amend the report concerning the respect to be paid to acts, records, &c., of one state in other states, (see the 1st of September,) by striking out "judgments obtained in one state shall have in another," and to insert the word "thereof," after the word "effect."
Col. MASON favored the motion, particularly if the "effect" was to be restrained to judgments and judicial proceedings.
Mr. WILSON remarked, that, if the legislature were not allowed to declare the effect, the provision would amount to nothing more than what now takes place among all independent nations.
Dr. JOHNSON thought the amendment, as worded, would authorize the general legislature to declare the effect of legislative acts of one state in another state.
Mr. RANDOLPH considered it as strengthening the general objection against the plan, that its definition of the powers of the government was so loose as to give it opportunities of usurping all the state powers. He was for not going farther than the report, which enables the legislature to provide for the effect of judgments.
On the amendment, as moved by Mr. Gouverneur Morris,—
Massachusetts. Connecticut, New Jersey, Pennsylvania, North Carolina, South Carolina, ay, 6; Maryland, Virginia, Georgia, no, 3.
On motion of Mr. MADISON, the words "ought to" were struck out, and "shall" inserted; and "shall," between "legislature" and "by general laws," struck out, and "may" inserted, nem. con.
On the question to agree to the report, as amended, viz.,
"Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings, of every other state; and the legislature may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect thereof,"
it was agreed to without a count of the states.250
The clause in the report, "To establish uniform laws on the subject of bankruptcies," being taken up,—
Mr. SHERMAN observed, that bankruptcies were, in some cases, punishable with death by the laws of England, and he did not choose to grant a power by which that might be done here.
Mr. GOUVERNEUR MORRIS said, this was an extensive and delicate subject. He would agree to it, because he saw no danger of abuse of the power by the legislature of the United States.
On the question to agree to the clause, Connecticut alone was in the negative.
Mr. PINCKNEY moved to postpone the report of the committee
