Imagens das páginas
PDF
ePub

work corruption of blood or forfeiture, except during the life of the person attainted. And Congress by law have declared that no conviction or judgment, for any capital or other offences, shall work corruption of blood or any forfeiture of estate.

INTERSTATE PRIVILEGES AND REGULATIONS.

State Records, etc.

380. Full faith and credit must be given in each state to the public acts, records, and judicial proceedings of every other state. And Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

381. Before full faith and credit can be given to the public acts, records, and judicial proceedings of another state, it must first be shown that they are authentic; in other words, it must be shown that they are in fact such public acts, records, and judicial proceedings. The judgment of a state court, for example, when duly authenticated, must have full faith and credit given to it in every other court within the United States; but there must first be the authentication, or such effect does not follow.

382. It is left to Congress to prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect of such proof. Congress have accordingly provided that the acts of the legislatures

[graphic]

of the several states shall be authenticated by having the seal of their respective states affixed thereto; and the records and judicial proceedings of their courts shall be proved or admitted in any other court within the United States by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the attestation is in due form.

383. Records and judicial proceedings, when thus authenticated, are to have such faith and credit 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 they are taken.

384. Hence the judgment of a state court has the same credit, validity, and effect in every other court within the United States which it had in the state where it was rendered. The merits of the judgment cannot be re-examined. It may be shown, however, that it was obtained by fraud, or that the court rendering it had no jurisdiction, in which cases it is entitled to no faith or credit. Nor would it be

entitled to any faith or credit out of the state in which it was rendered, if recovered against a nonresident party without notice to him.

Privileges of Citizens.

385. The citizens of each state are entitled to all privileges and immunities of citizens in the several

states.

386. The privileges and immunities which are here secured to the citizens of each state in all the other states may be summed up as follows:-The right of a citizen of one state to pass through, or to reside in any other state, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefit of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the state; to take, hold, and dispose of property of every kind; to be exempted from higher taxes or impositions than are paid by the other citizens of the state; and to exercise the elective franchise as regulated and established by the laws or constitution of the state. In a word, the citizens of one state going into another are entitled to protection by the government of such state; to the enjoyment of life and liberty, and the pursuit of happiness, subject, however, to such restraints as the laws and Constitution may have prescribed for the general good of the whole.

386. But a citizen of one state cannot claim any rights which under the laws of another state belong

only to residents of the state. To enjoy such rights he must become domiciled there. He is, however, entitled to protection against any discriminating legislation which would place him in a worse situation than belongs to the proper citizen of the particular state. Hence a state license tax, which discriminates against commodities of other states is void, as abridging the privileges and immunities of the citizens of such other states. We may add, that the privileges and immunities referred to in the foregoing clauseare those which belong to the citizens of the states as such, and are left to the state governments for security and protection, and are beyond the scope of the legislative and constitutional power of the government of the United States. We may add further, that the right to admittance to practice law in the courts of a state is not one of the privileges and immunities which a state is forbidden to abridge.

Fugitives from Justice.

387. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime.

388. It is a question upon which jurists differ,

« AnteriorContinuar »