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Dispensing Irregular Justice: State Sponsored Abductions, Prisoner Surrenders, and Extralegal Renditions Along the Canada–United States Border

Published online by Cambridge University Press:  28 February 2017

Extract

In 1899, Levi Edwin Dudley, the American consul at Vancouver, complained about the ways that Canadian and American police officers enacted justice along their shared border. During one of Dudley's investigations into alleged abuses, he spoke with a Canadian officer about the ways that local agents on both sides of the border approached their jobs. The officer, speaking under conditions of anonymity, noted that “on the border here we must do things in an irregular way in order to preserve the peace.” The ability of criminals to move back and forth across the line forced American and Canadian officers to “‘stand in’ with each other, [or] we should have the country filled with desperadoes.” American officers transferred criminals over to Canadian agents without proper clearance and Canadian officers later returned the favor. This system of irregular justice utilized informal prisoner exchanges built on local understandings, professional courtesy, and mutual concern to circumvent the slow, uncertain, and expensive extradition process. For Dudley, this kind of behavior threatened the liberty of citizens in both countries. For the officers tasked with policing a region of bisecting jurisdictions, it was a necessary evil.

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Copyright © the American Society for Legal History, Inc. 2017 

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Footnotes

He acknowledges financial assistance from the Social Science and Humanities Research Council and the George P. Shultz Fellowship in Canadian Studies.

References

1. L. Edwin Dudley to David J. Hill, Dec. 7, 1899, RG 59, Despatches from U.S. Consuls in Vancouver, T114, Volume 2, Reel 2, National Archive and Record Administration (hereafter NARA), College Park (hereafter Despatches Vancouver vol. 2).

2. L. Edwin Dudley to David J. Hill, “Kidnapping from the State of Washington And Bringing Prisoners to B.C.,” May 29, 1900, RG 59, Despatches from U.S. Consuls in Vancouver, T114, Volume 3, Reel 3, NARA College Park (hereafter Despatches Vancouver vol. 3).

3. Although scholars of irregular justice have written extensively on the seizures that transpired in the twentieth century, they have written relatively little on the practice in the nineteenth century. What has been written on the nineteenth century has either focused on specific types of crime (desertion or embezzlement) or on landmark legal decisions as a means to understand contemporary policies. First Nations, who suffered from irregular seizures alongside and like their American and Canadian counterparts, have largely been left out of these discussions. Ward, Linda C., “Forcible Abduction Made Fashionable: United States v. Alvarez-Machain's Extension of the Ker-Frisbie Doctrine,” Arkansas Law Review 47 (1994): 477504 Google Scholar; Pyle, Christopher H., Extradition, Politics, and Human Rights (Philadelphia: Temple University Press, 2001)Google Scholar; McDermott, John D., “Were They Really Rogues? Desertion in the Nineteenth-Century U.S. Army,” Nebraska History 78 (1997): 165–74Google Scholar; Nadelmann, Ethan A., “The Evolution of United States Involvement in the International Rendition of Fugitive Criminals,” New York University Journal of International Law and Politics 25 (1993): 813–85Google Scholar; Siegal, Charles D., “Individual Rights under Self-Executing Extradition Treaties—Dr. Alvarez-Machain's Case,” Loyola of Los Angeles International and Comparative Law Journal 13 (1991): 765–98Google Scholar; Semmelman, Jacques, “Due Process, International Law, and Jurisdiction over Criminal Defendants Abducted Extraterritorially: The Ker-Frisbie Doctrine Reexamined,” Columbia Journal of Transnational Law 30 (1992): 513–76Google Scholar; and Unterman, Katherine, Uncle Sam's Policemen: The Pursuit of Fugitives Across Borders (Cambridge, MA: Harvard University Press, 2015)Google Scholar.

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11. Ibid.

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18. I use this definition of irregular justice to describe legal situations in which the jurisdiction of each country was clear and official representatives of the state either conducted the actions or were complicit in them. I do not use this term to encompass transnational captures that occurred in disputed territory (the Fenian raid at Pembina and the Aroostook War), abductions without a judicial aim (British impressments of American sailors), or abductions perpetrated by non-state actors for personal gain (slave owners trying to regain their chattel). I have included private detectives that operated on behalf of non-state actors (banks) for both judicial aims (bringing embezzlers back to stand trial) and personal aims (recovering stolen property) within this definition. Private detective agencies served both the State Department and private companies in much the same capacity, blurring the lines between justice as a purchasable commodity and as a public good. Unterman, Uncle Sam's Policemen, 9; and I.A. Dinsmore to F.S. Hussey, “Rex versus Frank Ceddio Extradition 1908,” February 5, 1908, Attorney General Records, T 0429 Microfilm BO 9323. Box 15, File 1, 630/08, BCA; Dudley to Hill, December 7, 1899.

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67. Alec Macintyre to L. Edwin Dudley, “Regina Vs Everett,” May 7, 1900, Despatches Vancouver vol. 3; “The Everett Case,” The News Advertiser, May 6, 1900, RG 59, Despatches from U.S. Consuls in Vancouver, T114, Volume 3, Reel 3, NARA College Park; and Dudley to Hill, December 7, 1899.

68. Dudley to Hill, “Kidnapping from the State of Washington And Bringing Prisoners to B.C.”; George Renolds to Consul, May 8, 1900, Despatches Vancouver vol. 3; L Edwin Dudley to David J. Hill, June 22, 1900, Despatches Vancouver vol. 3; and “James Wilson,” June 4, 1898, GR 0309, B11364, New Westminster Gaol Records 1859–1914, BCA.

69. L. Edwin Dudley to David J. Hill, Oct. 6, 1900, Despatches Vancouver vol. 3.

70. Unterman, Uncle Sam's Policemen, 100.

71. Abductions in the twentieth century occurred for many of the same reasons that they had during the nineteenth century. They impacted First Nations, deserters, and common criminals alike and continued to lead to inconsistent results. Supreme Court of Minnesota, State v. Porter 144 N.W. 2d 260 (1966); Kasinsky, Renée G., “Fugitives from Injustice: Vietnam War Draft Dodgers and Deserters in British Columbia,” in The Borderlands of the American and Canadian Wests: Essays on Regional History of the Forty-Ninth Parallel, ed. Evans, Sterling (Lincoln: University of Nebraska Press, 2006), 270–74Google Scholar; “U.S. Frees a Deserter After Canada Protests,” New York Times, August 31, 1974, 10; Gluck, Jonathan A., “The Customary International Law of State-Sponsored International Abduction and United States Courts,” Duke Law Journal 44 (1994): 636 Google Scholar; United States v. Lazore, 90 F. Supp. 2d 202 (N.D.N.Y. 2000); Schwabach and Patchett, “Doctrine or Dictum,” 48; Corbett, William H. and Kleiboemer, Axel, “United States Supreme Court: Brief of the Government of Canada as Amicus Curiae in Support of Respondent in United States v. Alvarez-Machain,” International Legal Materials 31 (1992): 926–30Google Scholar; Abramovsky, Abraham, “Extraterritorial Abductions: America's ‘Catch and Snatch’ Policy Run Amok,” Virginia Journal of International Law 31 (1990/1991): 204 Google Scholar; and Hernández, Kelly Lytle, Migra!: A History of the U.S. Border Patrol (Berkley: University of California Press, 2010)Google Scholar.