To me, Sir, regarding this matter in the light of the Common Law and
in the blaze of free institutions, it has always seemed impossible to
arrive at any other conclusion. If the language of the Constitution were
open to doubt, which it is not, still all the presumptions of law,
all the leanings to Freedom, all the suggestions of justice, plead
angel-tongued for this right. Nobody doubts that Congress, if it
legislates on this matter, may allow a Trial by Jury. But if it may, so
overwhelming is the claim of justice, it MUST. Beyond this, however, the
question is determined by the precise letter of the Constitution.
Several expressions in the provision for the surrender of fugitives from
service show the essential character of the proceedings. In the first
place, the person must be, not merely charged, as in the case of
fugitives from justice, but actually held to service in the State which
he escaped. In the second place, he must "be delivered up on claim
of the party to whom such service or labor may be due.
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