The term “police” has evolved with various definitions and meanings over time. Simply stated, it is understood as maintaining public order with the authority to establish it (Brodeur, 2010). Early accounts, like Nicolas Delamare’s in Traité de la Police (1705-1738), interpreted “police” more broadly, sometimes referring to the government as a whole and at other times specifying a facet such as the military or clergy, with 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 U.S.

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, twelve 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 by more densely populated cities like Boston, Philadelphia, and New York. Mirroring the system established in Britain, the night watch system consisted predominantly of volunteers who patrolled on foot or horseback through the city at night, monitoring for criminal activity, uncontrolled fires, and ensuring the maintenance of street lamps. When a night watchman witnessed an uncontrolled fire or criminal behavior, they would hue and cry to make the situation publicly known so other citizens could arrive at the scene and offer assistance. Problematically, much criticism of the night watch system emerged, accompanied by troubling reports detailing 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 continues throughout the 17th and 18th centuries. A key milestone of this influence was the adoption of the Anglo-Saxton constable system. Typically appointed or elected from 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 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, frequently being 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, and 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.

6.1.4 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 (see this historical record for the establishment of slave patrols, An Ordinance Organizing and Establishing Patrols for the Police of Slaves in the Parish of St. Landry). Slave patrols typically patrolled on horseback and were permitted with the authority to stop, question, and punish enslaved individuals found outside plantations without proper authorization as illustrated in Figure 6.1 below (see this historical record of patrol regulations, Patrol Regulations for the County of Rowan). In states like Virginia, non-slaveholding 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 slave patrols were integrated into local laws and endorsed by colonial governments, leading to their widespread implementation along the Atlantic. From the early 1700s through the Emancipation Proclamation (1863) after 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

1. 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.