6.1 Early History of American Policing
Kadence C. Maier and Wesley B. Maier, PhD
The definition of the term “police” has evolved over time. Simply stated, it is understood as maintaining public order with the authority to establish it (Brodeur, 2010). Early accounts, such as Nicolas Delamare’s Traité de la Police (1705–1738), interpreted “police” more broadly. Delamare sometimes referred to the government as a whole and at other times specified a particular facet, such as the military or clergy, with having the designated authority and intention to establish and maintain public order, predominantly within urban contexts. In 1765, Boucher d’Argis in Diderot and d’Alembert’s Encyclopedie defined policing as an art that ensures a life of quiet and comfort for urbanites and all other inhabitants of the earth (p. 905). In contrast, a few years later in 1779, Jean Charles Pierre Lenoir asserted policing to be “the science of governing men…[intended] to do them good” (p. 34), a meaning that soon became accepted when the terminology was first adopted in the US.
Policing and crime control in America originated in the early 1600s with the British colonization of the east coast regions of North America. By 1682, 12 British colonies had been established operating under British rule and in accordance with British law. The colonial American legal system, similarly instituted by Great Britain, closely paralleled the British system. Protection and crime control measures were also patterned after the British model. Much like the shires in England, groups of families and other neighboring dwellers in colonial villages and counties banded together for safety and crime reduction (Steverson, 2007).
The Night Watch System
British influence maintained a stronghold throughout the 17th century, notably shaping the legal and law enforcement practices of the time. An essential component of this influence was the adaptation of the night watch system in more densely populated cities, including Boston, Philadelphia, and New York. Mirroring the British system, the night watch system consisted predominantly of volunteers who patrolled the city on foot or horseback throughout the night monitoring for criminal activity, uncontrolled fires, and faulty street lamps. When a night watchman witnessed an uncontrolled fire or criminal behavior, they would hue and cry to alert other citizens who could arrive at the scene and offer assistance. Problematically, much criticism of the night watch system emerged, accompanied by troubling reports detailing the night watchmen’s use of alcohol, sleeping, and participation in criminal activity during their shift (Monkkonen, 1992).
The Constable System
The lasting impact of the British on colonial America’s law enforcement and legal practices continued throughout the 17th and 18th centuries. A key milestone was the adoption of the Anglo-Saxon constable system. Typically appointed or elected by the local community, constables served as representatives of English legal traditions in the American colonies. While constables predominantly worked during the day, night watchmen took charge of patrolling the streets in the evenings and nights (Monkkonen, 1992).
Acting as local enforcers of order, constables held significant authority in upholding laws and regulations. In addition to these primary duties, constables had various responsibilities, such as overseeing local jails, facilitating witness appearances in court, and ensuring public safety (Monkkonen, 1992). Constables secured financial support by issuing warrants and civil papers, making arrests, and collecting taxes. This system, reflecting British legal practices, played a pivotal role in the early development of law enforcement in America, laying the groundwork for subsequent policing systems.
Sheriff
The sheriff system in colonial America, akin to other law enforcement practices at the time, mirrored the influence of British governance. Derived from the 9th-century Anglo-Saxon word “shire-reeve,” sheriffs served as key representatives of British legal traditions in the American colonies and were instrumental in the early development of law enforcement. Often chosen or appointed from among the local community, sheriffs played a crucial role in maintaining order at the local level and were frequently the sole law enforcement presence in entire rural colonial regions. Holding significant authority within their designated areas, these officials served as the primary executive officers responsible for executing legal and administrative functions in a county or specific designated jurisdiction.
Typical duties included serving legal documents, overseeing local jails, implementing court judgments, serving subpoenas, apprehending criminals, and collecting taxes. Sheriffs received fixed payments based on specific duties. Problematically, collecting taxes was more lucrative than apprehending criminals, making law enforcement a low priority for most sheriffs (Uchida, 1993). While the roles and duties of sheriffs have evolved significantly over time, the sheriff system has been a major foundational component and has laid much groundwork for the modern policing systems in the United States.
Slave Patrols
Originating in the Southern colonies during the 17th century, slave patrols were formed to control the enslaved population, enforce status laws, and safeguard the interests of slaveholders (Dempsey et al., 2018; Schmalleger, 2021). Composed mainly of White, able-bodied men from local communities or even members of the local militia, these organized groups were tasked with maintaining order, suppressing slave resistances, and ensuring the economic stability of slaveholding societies. For a historical record of the establishment of slave patrols and patrol regulations, see An Ordinance Organizing and Establishing Patrols for the Police of Slaves in the Parish of St. Landry and Patrol Regulations for the County of Rowan. Slave patrols typically patrolled on horseback and were granted the authority to stop, question, and punish enslaved individuals found outside plantations without proper authorization, as illustrated in Figure 6.1 below. In states like Virginia, nonslaveholding White men were compelled to participate in slave patrols, which reinforced unity among all social classes of White people, while simultaneously hampering potential alliances between poor Whites and enslaved Blacks (Kendi, 2016).
As the enslaved population increased, so did the fear of rebellion. Soon the use of slave patrols were integrated into local laws and endorsed by colonial governments, leading to their widespread implementation along the Atlantic coast. From the early 1700s through the Emancipation Proclamation (1863) and up to the Civil War’s end in 1865, slave patrols prevented revolts, enforced curfews, restricted carrying weapons, and monitored various activities of enslaved people. After the passage of the Thirteenth Amendment (U.S. Const. amend. XIII), there was no longer a need for slave patrols. Southern lawmakers and Confederate politicians then enacted discriminatory Black codes to control the newly freed population, recruiting ex-slave patrol members as police officers. Thus, the transition from slavery to freedom maintained oppressive systems. “The postwar South became the spitting image of the prewar South in everything but name” (Kendi, 2016, p. 235), with the slave patrol becoming the police and the prisons akin to plantations.
Operating within a framework that upheld racial hierarchy and entrenched the oppressive system of slavery, the practices and attitudes developed during the era of slave patrols continued to influence the broader history of policing in the United States, shaping relationships between law enforcement and marginalized communities.
Attributions
- Figure 6.1: The plantation police or home-guard examining Negro passes on the levee road below New Orleans by Frederic B. Schnell in the public domain; This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1929.
A period of surveillance and patrol conducted by law enforcement officers or security personnel during the nighttime hours to maintain public security and safety, prevent crime by deterring criminal activity, and provide emergency response.
A traditional legal concept referring to the public outcry or pursuit of a criminal suspect by members of the community, typically initiated by the victim or witnesses of the crime to alert others and enlist their assistance in apprehending the perpetrator, aiming at ensuring swift justice
A government’s general power to exercise authority over all persons and things within its territory. A court’s power to decide a case or issue a decree. A geographic area within which political or judicial authority may be exercised. (Thomson/West, 2000, p. 377)
A legal document issued by a court or authorized government agency compelling an individual to appear in court or to provide testimony or evidence in a legal proceeding, typically related to a criminal investigation or trial. Failure to comply with a subpoena may result in legal penalties, such as fines or imprisonment for contempt of court.
Organized groups tasked with monitoring, controlling, and enforcing slave code, regulations, and discipline upon enslaved populations in the U.S. during the antebellum period. These patrols operated primarily in southern states and typically comprised of white men, often slave owners or their representatives, who were authorized by law to monitor the movements of enslaved people, apprehend runaways, maintain order among enslaved populations, prevent slave rebellions by suppressing resistance among enslaved individuals, and punish those who violated the strict rules governing the institution of slavery. This establishment were instrumental in upholding the racial hierarchy and social control systems of the time, and reinforced the oppressive nature of slavery, contributing to the perpetuation of systemic racism in American society.
A significant and organized resistance or uprising against established authority, norms, or systems of governance, often involving acts of defiance, protest, or armed conflict by a group or population seeking to challenge or overthrow the existing power structure.
Social or institutional structures or practices that systematically marginalize, discriminate again, or disproportionately target certain groups based on factors such as race, ethnicity, socioeconomic status, gender, or other characteristics, often resulting in injustice, inequality in the administration of justice, and the suppression of basic rights and freedoms. In a criminal justice context, this may manifest through biased policing, discriminatory sentencing practices, or unequal access to legal representation.
