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Sec. 3.-Treason

Cl. 2.-Punishment

legislation exists it rests with Congress to determine whether the General Government shall exercise its power to punish exclusively or give to the States a concurrent power.

Houston v. Moore, 5 Wheat. 34.

The prohibition against corruption of blood or forfeiture beyond the life of the person attainted was inserted for the benefit of the children and heirs of such person. Only a life estate terminating with the death of the offender could be sold under the confiscation act of 1862, and children of the person whose estate was condemned under that act at his death take the fee simple, by descent as his heirs, and do not derive any title from the United States. The confiscation act was an exercise of the war power and not a criminal proceeding.

Wallach v. Van Riswick, 92 U. S. 213.
Bigelow v. Forrest, 9 Wall. 350.

Day v. Micou, 18 Wall. 156.

Miller v. U. S., 11 Wall. 305.

Pike v. Wassell, 94 U. S. 714.

Avegno v. Schmidt, 113 U. S. 293.

Shields v. Schiff, 124 U. S. 356.

Illinois Cent. R. Co. v. Bosworth, 133 U. S. 101.

A full pardon by the President of all offenses committed by the owner of property confiscated relieves the owner from forfeiture so far as any right of the Government is concerned, but a pardon can not operate to devest the interest acquired by third persons during the lifetime of the person attainted.

Armstrong's Foundry, 6 Wall. 769.

Wallach v. Van Riswick, 92 U. S. 214.
Semmes v. U. S., 91 U. S. 21.

Knote v. U. S., 95 U. S. 149.

Jenkins v. Collard, 145 U. S. 546,

ARTICLE IV

STATES' RELATIONS

ARTICLE IV-STATES' RELATIONS.

Section 1.-FAITH AND CREDIT.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Leading Cases

Hanley v. Donoghue, 116 U. S. 1.

Thompson v. Whitman, 18 Wall. 457.
Haddock v. Haddock, 201 U. S. 562.
Andrews v. Andrews, 188 U. S. 14.

Scope of Clause

This clause declares the attributes and qualities which judicial proceedings and records of one State shall have when offered in evidence in the courts of another, and it implies that they shall be given the same effect in the courts of another State as they have by law and usage at home. But this provision, and the laws giving it effect, establish a rule of evidence, and not of jurisdiction; they do not operate to make records and judgments domestic for all purposes but only to give them a general validity and credit as evidence.

McElmoyle v. Cohen, 13 Pet. 324.

Chicago, etc., R. Co. v. Wiggins Ferry Co., 119 U. S. 622.
Wisconsin v. Pelican Ins. Co., 127 U. S. 292.

Cole v. Cunningham, 133 U. S. 112.

The full faith and credit demanded is only that faith and credit which the judicial proceedings had in the other State in and of themselves require. It does not demand that a judgment rendered by a court which has jurisdiction of the person but which is in no way responsive to the issues tendered by the pleadings, and is rendered in the actual absence of the defendant, must be recognized as valid in the courts of any other State.

Reynolds v. Stockton, 140 U. S. 264.

To the Public Acts and Records

In General

The court does not judicially notice the statutes of a sister State, even under this clause.

Renaud v. Abbott, 116 U. S. 277.

12703°-S. Doc. 157, 68-1-35

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