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.
V. SPECIAL PROBLEMS OF SLAVE GOVERNMENT—
A. _The Runaway._
The runaway was a great source of worry and expense to the master and
somewhat of a terror to the community. The police system of slavery was
never able to prevent runaways. If a runaway were caught outside the
limits of a corporation, he was taken before a justice of the peace and
asked for his master’s name. If he refused to give this information, he
was placed in jail and advertised by a placard on the courthouse door
and in the newspapers.[88] If the slave was not claimed within twelve
months, the sheriff of the county, on thirty days’ notice, sold him at
the courthouse to the highest bidder, the net proceeds of the sale going
to the county. The county court gave title of the slave to the purchaser.
The county jailer, with the consent of the county court or two of the
justices of the peace, could hire out a runaway to either a private
individual or an incorporated town.[89] To release the county from
obligation, he placed around the negro’s neck a collar, on which was
stamped “P. G.”[90] The wages of the slave went into the county treasury
to be disposed of by the county court.
If an incorporated town or city hired the runaway, it gave bond to the
sheriff of the county for double the value of the slave. This was the
bond of the corporation to the State of Tennessee for the safekeeping,
good treatment, and delivery of the slave to the owner or jailer at
the completion of the contract. The wages of the slave went to the
county.[91] The corporation made a very careful description of the slave
to use in case of escape.
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