Patrols were paid from the county treasury. A tax was levied on the taxable slaves for this purpose.[77] The patrol swore to his account before a justice of the peace, who carried the account to the county court, which decided how much the patrolman should receive.[78] By act of 1856, patrols were allowed $1.00 per night or day for their services.[79] If the masters or mistresses served as patrols, they received nothing for their services.[80]
Patrol service was obligatory upon all citizens. Anyone refusing to serve as a patrol was fined $5.00 for each refusal.[81] A person serving as a patrolman for three months was exempted from musters, road-working, and jury service for twelve months.[82] They were paid $5.00 for every slave they returned to his master.
The powers and duties of patrols were rather extensive. Once each month, they were to search for guns and other weapons and turn such as they found over to the county court or return the same to the owner.[83] They searched all suspected places for slaves without permission of the owners. They could punish, with fifteen stripes on the bare back, any negro, bond or free, that they found away from home, without a pass from his master.[84]
The patrols sometimes abused their powers. In 1859, the supreme court held that
“It is of great importance to society that these police regulations connected with the institution of slavery, should be firmly maintained; the well-being and safety of both master and slave demand it. The institution and support of the night watch and patrol on some plan are indispensable to good order, and the subordination of slaves, and the best interest of their owners. But the authority conferred for these important objects must not be abused by those upon whom it is conferred, as it sometimes is by reckless persons. If they exceed the bounds of moderation in the injury inflicted and transcend the limits prescribed by law for the office of patrol, if it be found that they were not entitled to that justification, then they will be liable under a verdict to that effect.”[85]
Proper pass regulations were an important feature of the patrol system. This is shown in the case of Jones v. Allen. A slave attended a corn-shucking without a pass. In the course of the festivities the slave was killed. The master of the slave brought suit for damages equal to the value of the slave against the man who gave the husking. The lower court gave damages to the master on the ground that the slave should not have been permitted to remain at the husking without a pass. The supreme court reversed the case, holding that it was customary for slaves to attend such gatherings without passes if a white man was superintending them.[86]
C. Sheriffs and Constables. It was the business of sheriffs and constables to apprehend runaway slaves, place them in jail, and advertise them that they might be returned to their owners. They assisted in the enforcement of the powers of the patrols, who were really a part of the police system of the state. The patrol system was supposed to be maintained by the taxation of slaves, but since it involved also the general system of police of the state, it was to some extent a burden upon the general public.
Slavery created a real problem of government. “For reasons of policy and necessity,” said Judge McKinney in 1858, “it has been found indispensable, in every slaveholding community, to provide various police and patrol regulations, giving to white persons, other than the owner, the right, and making it the duty, under certain circumstances, to exercise a control over other slaves. The safety of the community, the protection of the person and property of individuals, and the safety of the owner’s property in his slaves, alike demand the enactment of such laws.”[87]
The constant fear of insurrections, the ever-present runaway, and the carelessness of masters in granting passes were the main reasons why society maintained such a rigid system of control. Of course, the interests of the owners of slaves were conserved by such a system.