This thesis examines how the law dealt with international fugitives. It focuses on formal extradition and the cross-border abduction of wanted criminals by police officers and other state officials. Debates over extradition and abduction reflected important issues of state power and civil liberty, and were shaped by currents of thought circulating throughout the imperial, Atlantic, and common law worlds. Debates over extradition involved questioning the very basis of international law. They also raised difficult questions about civil liberties and human rights. Throughout this period escaped American slaves and other groups made claims for what we would now call refugee status, and argued that their surrender violated codes of law and ideas of justice that transcended the colonies and even the wider British Empire. Such claims sparked a decades-long debate in North America and Europe over how to codify refugee protections. Ultimately, Britain used its imperial power to force Canada to accept such safeguards. Yet even as the formal extradition system developed, an informal system of police abductions operated in the Canadian-American borderlands. This system defied formal law, but it also manifested sophisticated local ideas about community justice and transnational legal order. This thesis argues that extradition and abduction must be understood within three overlapping contexts. The first is the ethos of liberal transnationalism that permeated all levels of state officials in British North America/Canada. This view largely prioritised the erosion of domestic barriers to international cooperation over the protection of individual liberty. It was predicated in large part on the idea of a common North American civilization. The second context is Canada’s place in the British Empire. Extradition and abduction highlight both how British North America/Canada often expounded views on legal order radically different from Britain, but also that even after Confederation in 1867 the empire retained real power to shape Canadian policy. The final context is international law and international legal order. Both extradition and abduction were aspects of law on an international and transnational level. As a result, this thesis examines the processes of migration, adoption, and adaptation of international law.

Teilw. zugl.: Köln, Universiẗat, Diss., 2004.

Indiana University-Purdue University Indianapolis (IUPUI) / The complicated state wherein ex-slaves found themselves, as depicted in the narratives of Bibb, Jacobs, and others, problematizes the dualistic relationship between North and South that the genre’s structural components work to enforce, forging an odyssey that, although sometimes still spiritual in nature, does not offer the type of resolutions that might easily persuade fellow slaves to abandon their masters and seek a similarly ambiguous identity in the so-called “free” land of the North. For blacks and especially fugitive slaves, such restrictive legal provisions provided an “uncertain status” where, writes William Andrews, “the definition of freedom for black people remained open.” In those slave narratives that dare to depict the limits of liberty in the North, this “open” status is particularly reflected in the texts’ discursive terrain itself, which portends a series of candid observations and brutal details that actively work to deconstruct any sort of mythological pattern associated with the slave narrative genre, thereby offering a more expansive view of the experience for most fugitive slaves. The Life of William Grimes, a particularly frank and brutal diary of a man’s trials within and without slavery, is one such slave narrative, depicting a journey that, while more consistent with the general experience of ex-slaves in the antebellum U.S., often works outside the parameters of traditional, straight-forward slave narratives like Douglass’s. “I often was obliged to go off the road,” Grimes admits at one point in his autobiography, and although his remark refers to the cautious path he must tread as a fugitive slave, it might just as well describe the thematic and structural characteristics of his open-ended autobiography. Reputedly the first fugitive slave narrative, the publication of Grimes’s Life in 1825 initiated the beginning of a genre whose path had not yet been forged, which likely contributed to its fluid nature. At the time of his narrative’s publication, Grimes’s self-expressed testimony of injustice under slavery was about five years ahead of its time; it wouldn’t be until the 1830s that the U.S. antislavery movement would begin to consciously seek out ex-slaves to testify to their experience in bondage. Once this literary door was open, however, antislavery sentiment became for many early African American authors “a ready forum” for self-expression. Whereas in twenty years’ time Douglass would take full advantage of this opportunity by drawing inspiration from a number of already established narratives, Grimes as an author found himself singularly “off the road” and essentially alone in new literary territory, uncannily reflecting his sense of alienation and helplessness in the North after escaping from slavery aboard a cargo ship in 1815.