ARMSTRONG VERSUS CARSON'S EXECUTORS

Wilson, Justice:

—There can be no difficulty in this cafe. If the plea would be bad in the Courts of New-Jerfey, it is bad here : for, whatever doubts there might be on the words of the Constitution, the act of Congress effectually removes them ; declaring in direct terms, that the record shall have the same effect in this Court, as in the Court from which it was taken. In the courts of New-Jerfey no such plea would be sustained; and, therefore, it is inadmissible in any Court fitting in Pennsylvania.

Bradford then proposed settling the interest; but Wilson, Justice, observed, that he had had more than one occasion to object to the Court’s interposing, in any form, to assess damages. In fome States, he said, it had, indeed, grown into a practice; and the Courts had in that, and, perhaps, in many other instances, done the business which ought to go to a Jury. Lewis referred to a cafe in the Supreme Court of the United States, in which this point had been made, tho’ not directly, decided; but the Judge said, it was not the foundation of the judgment of the Court; and that, in his opinion, a Writ of Enquiry was the regular mode of proceeding.*

It being suggested, however, that the usage in the State Courts was to enter the judgment generally; and that the plaintiff must ascertain the debt, and issue execution at his own peril; that mode was adopted on the present occasion.

Judgment for the Plaintiff;

*

Eut see Brovin v. Van Braam in the Supreme Cpurt of the United States.