* * * * *
(1). _First of the power of Congress over this subject_.
The Constitution contains _powers_ granted to Congress, _compacts_
between the States, and _prohibitions_ addressed to the Nation and to
the States. A compact or prohibition may be accompanied by a power,--but
not necessarily, for it is essentially distinct in nature. And here the
single question arises, Whether the Constitution, by grant, general or
special, confers upon Congress any power to legislate on the subject of
fugitives from service.
* * * * *
The framers of the Constitution were wise and careful, having a reason
for what they did, and understanding the language they employed. They
did not, after discussion, incorporate into their work any superfluous
provision; nor did they without design adopt the peculiar arrangement
in which it appears. Adding to the record compact an express grant of
power, they testified not only their desire for such power in Congress,
but their conviction that without such express grant it would not
exist.
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