Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-18

the import of the term estate" to inn
nose ON us a burthen, will they not do
the same, to admit US, not to priv
llege, but to the common justice, which
! is rendered to all nations?
! Let us next see, what Congress has
understood this word to mean, as used
in other parts of the constitution, and
particularly those connected with the
Judicial System Of the United States.
By the lst section of the 4th article,
it is ordained, "that full faith and Gre
edit shall be given in each state, to the
"public records and judicial proceed
ings of every other state. And the
Congress may, by general laws, pre-
scribe the manner in which such acts,
records and proceedings shall bePro-
" we'd, and the effect thereof"
On the 26th Of May, 1870, Congress
passed law, (lst vol. Laws U. S. ll5)
! by which it is declared, that "the re-
f" cords and judicial proceedings, au-
" thenticated as in the act prescribed,
G. shall have such faith given to them,
in every Court within the United
+" States, as they have by law or usage,
" in the Courts of the state from whence
A" the said records are or shall be Ia
"ken."
On the 9th of March, 1904, Con-
gress passed another law, (vol.7, Laws
U. s. l47) supplementary to the act OF
the goth of May, 1890; by which, it is
enacted, that sail records, and exempli-
"fcations of office books, which are, or
may, be kept in any public Office OF
6" any state, not appertainlng to any
"Court, shall be proved or admitted in
"any other Court or Office in any other
{" stcte, if authenticated in the manner
prescribed by this act. And that
thus authenticated, they shall have
such faith and credit given to them in
"every Court and every Office within
" the United States, as they have by law
" or usage, in the Courts or Offices OF
" the state from whence the same are or
e" shall be TAKEN
The second section of this last law
declares, that the provisions OF it, and
the act of the Goth May, 1890, shall
apply as well to the public acts, re-
" cords, Office books, judicial proceed
{" ings, Courts and Offices of the respec.
/" tive territories Of the United States,
I" and countries subject to the jurisdic-
d" ton of the United States, as to the
"public acts, Sc of the several states"
Here then is legislative construction
of the term "state," as used in the con-
stitution. The records and documents
mentioned in this act, of the Courts
and Offices of the territories, sc. are to
have the same effect in every Court and
Office ,Uithin the United States. These
expressions include not only the courts
of the United States, but the State
Courts. Now if Congress can consti-
tutionally extend the meaning Of the
term estate" used in the LIST sec. and
4th art. so as to pass law giving con.
elusive effect to all records and exem.
Publications. of office books, not apper-
tanning to Court, which may be kept
within territory or district under the
exclusive jurisdiction of the U. States
and also to the public acts, records and
judicial proceedings Of the territories
and districts, in not only the Courts OF
the United States, but of the States
there does not seem to be any reason
why Congress cannot give jurisdiction
to the courts Of the Union in cases be.
tween citizens of this District, and the
Territories, and citizens ofthe states ir
which the courts are held. The con
stitutionality Of the I'd section of the
act ofMarch 9th, 1904, has been sus
tanned by the Supreme Court, in the
case Of Mills, Us. Duryee, 9th Cranch
4sl) That was suit in the Washing
ton Court, on judgment of one of thu
Courts of New-York. The counsel fol
the plaintiff in error, contended that thu
record was not entitled by force of the
constitution and law, to the same effec,
in Court of the District Of CoIum
bia, as it was in court in State, be
cause this District was not State.