The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
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The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
"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, & proceedings shall be
proved, and the effect which Judgments obtained in one State,
shall have in another."
After receiving these reports
The House adjourned to 10OC on Monday next.
MONDAY SEP^R 3 1787. IN CONVENTION
M^r Gov^r Morris moved to amend the Report concerning the respect to be
paid to Acts Records &c. of one State, in other States (see Sep^r 1.) 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 & Judicial proceedings.
M^r 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.
Doc^r Johnson thought the amendment as worded would authorize the Gen^l
Legislature to declare the effect of Legislative acts of one State in
another State.
M^r Randolph considered it as strengthening the general objection
ag^{st} 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 M^r Gov^r Morris
Mas. ay. C^t ay. N. J. ay. P^a ay. M^d no. V^a no. N. C. ay.
S. C. ay. Geo. no.
On motion of M^r Madison, "ought to" were struck out, and "shall"
inserted; and "shall" between "Legislature" & "by general laws" struck
out, and "may" inserted, nem: con:
On the question to agree to the report as amended viz "Full faith &
credit shall be given in each State to the public acts, records &
judicial proceedings of every other State, and the Legislature may by
general laws prescribe the manner in which such acts records &
proceedings shall be proved, and the effect thereof." Agreed to with^t a
count of Sts.
The clause in the Report "To establish uniform laws on the subject of
Bankruptcies" being taken up.
M^r Sherman observed that Bankruptcies were in some cases punishable
with death by the laws of England, & He did not chuse to grant a power
by which that might be done here.
M^r Gov^r Morris said this was an extensive & delicate subject. He would
agree to it because he saw no danger of abuse of the power by the
Legislature of the U. S.
On the question to agree to the clause
N. H. ay. Mas. ay. C^t no. N. J. ay. P^a ay. M^d ay. V^a ay.
N. C. ay. S. C. ay. Geo. ay.
M^r Pinkney moved to postpone the Report of the Committee of Eleven (see
Sep^r 1.) in order to take up the following,
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