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]
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