Only after a person has been charged with crime in the regular course of
judicial proceedings is the governor of a State entitled to make demand
for his return from another State.[205] The person demanded has no
constitutional right to be heard before the governor of the State in
which he is found on the question whether he has been substantially
charged with crime and is a fugitive from justice.[206] The
constitutionally required surrender is not to be interfered with by
_habeas corpus_ upon speculations as to what ought to be the result of a
trial.[207] Nor is it proper thereby to inquire into the motives
controlling the actions of the governors of the demanding and
surrendering States.[208] Matters of defense, such as the running of the
statute of limitations, cannot be heard on _habeas corpus_, but must be
determined at the trial.[209] A defendant will, however, be discharged
on _habeas corpus_ if he shows by clear and satisfactory evidence that
he was outside the demanding State at the time of the crime.[210] If,
however, the evidence is conflicting, _habeas corpus_ is not a proper
proceeding to try the question of alibi.[211]

TRIAL OF FUGITIVE AFTER REMOVAL

There is nothing in the Constitution or laws of the United States which
exempts an offender, brought before the courts of a State for an offense
against its laws, from trial and punishment, even though he was brought
from another State by unlawful violence,[212] or by abuse of legal
process,[213] and a fugitive lawfully extradited from another State may
be tried for an offense other than that for which he was
surrendered.[214] The rule is different, however, with respect to
fugitives surrendered by a foreign government pursuant to treaty. In
that case the offender may be tried only "for the offence with which he
is charged in the proceedings for his extradition, until a reasonable
time and opportunity have been given him, after his release or trial
upon such charge, to return to the country from whose asylum he had been
forcibly taken under those proceedings."[215]

Clause 3. No Person held to Service or Labour in one State, under the
Laws thereof, escaping into another, shall, in Consequence of any Law or
Regulation therein, be discharged from such Service or Labour, but shall
be delivered up on Claim of the Party to whom such Service or Labour may
be due.

This clause contemplated the existence of a positive unqualified right
on the part of th