The lasting legacy of the slave patrols

0:00Hey, it's Ramteen. In this month's ThruLine Plus episode, our producers take us behind the scenes of our episode about the fall of Chile's democracy in the 1970s and the music that soundtracked the era. To listen to these insider bonus episodes every month, sign up for ThruLine Plus at plus.npr.org slash ThruLine. Hey, it's Rund. Before we get started, we want to give you a heads up that this episode contains graphic descriptions of violence and racism. This is America in Pursuit, a limited-run series from ThruLine and NPR. Each week, we bring you stories about life, liberty, and the pursuit of happiness in the United States of America that began 250 years ago this year.

0:49And today, we're bringing you the story of how those words, life, liberty, and the pursuit of happiness, weren't exactly intended for everybody. The United States was born as one of the most inegalitarian societies in the world. The Constitution was written by and for a very specific set of people, landowning white men. Everybody else, women, Native Americans already living in what would become the United States, and Black Americans, whether free or enslaved, were not a part of that vision. And even though founding fathers like Thomas Jefferson, who, let's be real, owned enslaved Black people himself, fought to eliminate slavery in the Constitution, they failed.

1:35Slavery was just too divisive and too lucrative, a foundation of the colonial economy. And according to Khalil Gibran Muhammad, professor of African American Studies and Public Affairs at Princeton University and author of The Condemnation of Blackness, Race, Crime, and the Making of Modern Urban America, white supremacy was built into the nation's psyche long before the Declaration of Independence. Perhaps the most revealing aspect of the way slave patrols functioned is that they were explicit in their design to empower the entire white population, not just with police power, but with the duty to police the comings and goings and movements of black people.

2:22This is the story of how the creation of white-led slave patrols to control the comings and goings of enslaved Black people laid the groundwork for America's racial hierarchies in ways that we continue to grapple with today. That's coming up after a quick break.

2:54Slave patrols, groups of white men empowered to control and monitor Black people, were first formed in South Carolina in the early 1700s. The premise was simple. Police enslaved Black people to make sure they didn't plan uprisings or otherwise threaten the slave-dependent colonial economy. Slave patrols quickly spread across many of the colonies, enforcing what were called slave codes, laws controlling almost every aspect of enslaved people's lives. By law, almost all white men had to serve on these patrols, making them a central part of colonial life. Essentially, men between the ages of 21 and 45 were targeted.

3:38They could be at every level of society, particularly in the South, from large slave-holding plantation owners to men who were of the middling sort. farmers without enslaved populations, brick masons, other kinds. They generally served for a period of time up to a year. This was all hands on deck. Everybody was meant to contribute. The members who were formal in the slave patrol were paid 25 cents an hour in some cases and were fined if people shirked their duty. If they chose not to show up for duty, they could be fined anywhere from$5 to$10 in some of the slave colonies. Their duties were written into law, and they continued to be the law of the land well after the establishment of the United States of America.

4:32Take this slave patrol statute from Louisiana from 1835, more than half a century after the Declaration of Independence was penned. It declares that white slave patrols are to

5:00So you can hear in that early legislation, part of the concern is an uprising, is arson, is the fear that slaves will burn things down. and the responsibility not of what we would later expect due process or what white property owners were entitled to in the Bill of Rights, but in fact, immediate corporal punishment. Punishments were swift, indiscriminate, and harsh. Solomon Northrup, whose story was told in the film 12 Years a Slave, lived as a free person in New York State before being abducted and sold into slavery in the South. He writes in his memoir this about slave patrols. He says,

6:00Each company has a certain distance to ride up and down the bayou. He then says that one slave had fled before one of these companies, thinking he could reach his cabin before they could overtake him. But one of their dogs, a great ravenous hound, gripped him by the leg and held him fast. The patrollers whipped him severely. That's pretty horrifying. And as you're describing this sort of slave patrol system, it just, what's so striking about it is that it was, it seems to have really effectively mobilized, as you said, not just land owning, you know, whites who own slaves. But people who didn't themselves own slaves, it gave them both the men and presumably also, you know, the women in these societies, the white women in these societies, like a sense of superiority almost over this whole class of people that they were now in charge of patrolling.

7:03Absolutely, yes. So the fact of chattel slavery, by the time of the founding of the United States, had already for 200 years served as a form of social insurance against the insurrection and dissent and potential political rebellion of the majority of landless white men who didn't have slaves and lived precarious lives. So that they would serve in this capacity alongside major plantation owners was a kind of way to build community around the notion of protecting the white community from the enslaved Black population. The slave patrols would continue predominantly in southern states for over 150 years, up until the end of the Civil War, when the Confederacy surrendered and ended its rebellion in 1865.

8:13While slavery was abolished with the 13th Amendment to the Constitution that same year, it didn't mean the violent surveillance of newly freed Black citizens would end. In fact, within months of the end of the Civil War, Southern states began passing laws that would later be called Black Codes. We'll talk more about the Civil War next week. But for now, you should know that these laws essentially allowed white people to continue to control many aspects of Black people's lives. And the way they accomplished this was to take advantage of a loophole in the 13th Amendment. One of the really powerful expressions of how important policing and punishment were in the conception of the end of slavery was that the 13th Amendment abolished slavery except as punishment for crime.

9:13So in some ways, the genius of the former Confederate states was to say, oh, well, if all we need to do is make them criminals and they can be put back in slavery, well, then that's what we'll do. And that's exactly what the Black Code set out to do. The Black Codes, for all intents and purposes, criminalized every form of African-American freedom and mobility, political power, economic power, except the one thing it didn't criminalize was the right to work for a white man on a white man's terms. So after emancipation, the slave patrols are morphing into something new. But their mission essentially stayed the same.

10:01Yeah, so this system of essentially tracking Black people's movements to control them needed a similar kind of armed and or empowered law enforcement constituency. So on one hand, you do have the growth of a formal bureaucratic nuts and boats police system that emerges by the late 1860s, 1870s. Prisons are being remodeled or expanded and built. Prison farms are beginning to open. And I say all that to say because the South had a very anemic infrastructure when it came to criminal justice by very stark contrast to northern states. And one of the things that it doesn't really have is it doesn't have a formal professional police force, certainly like big cities from Boston to New York, Philadelphia, the old colonial cities, now essentially industrial, thriving modern places by the 1870s and 1880s.

11:11And so what does the South do? Well, Southern leaders empower vigilante groups to do a lot of the day-to-day surveillance and policing of Black people. And out of that, particularly in 1866, the Ku Klux Klan is born in Pulaski, Tennessee.

11:35A lot of historians have pointed out that the Klan represented the same kind of hybrid constituency, broad cross-section of the community that represented property owners, small business owners, some political elites either directly involved or most certainly aware of and complicit in their attacks. And these folks took about the business of terrorizing, policing, surveilling, and controlling Black people. The brutality unleashed by the Ku Klux Klan was so bad that the federal government ended up occupying former Confederate states to help guarantee the safety of Black people. Congress passed amendments to ensure equal rights and voting for Black citizens.

12:26But even with those measures, the southern states created what are known as Jim Crow laws. Jim Crow, along with the KKK, pushed millions of Black citizens to flee the South to northern cities, places such as New York, Chicago, Boston, and Philadelphia, in what would become known as the Great Migration. Well, Black people are less than 5 % of the populations of these big cities until the second and third decade of the 20th century, until the Great Migration period, which begins during World War I in the 1910. And so you begin to see populations doubling from 2 % to 4 % to 8%. When Black Southerners made it to northern cities, they encountered a new and more professional form of policing.

13:14The police forces in the North, modeled after Europe, emphasized three things. Crime prevention and control of communities, particularly immigrant communities, strong visibility in everyday life by patrolling the streets, and militaristic structure, with things like uniforms, rank designations, and a code of command and discipline. Police officers receive African American migrants in the same way that their white neighbors and community peers did, which is with contempt and hostility. For some Black people, their experiences at the hands of police in northern progressive cities would rival the terror they experienced in the South.

14:02And part of the context for early modern policing by the late 1840s was that the immigrant population of Europeans, particularly the Irish, were generating in their own way a similar kind of social anxiety, xenophobic, nativist, racist reaction to what African Americans certainly were used to in the South with slave patrols. and what antebellum Black folks had been used to who were free in northern cities in terms of being surveilled and controlled. The populations that made up early police officers were, unlike the slave patrols, made up of lower class men, often men who were first generation Americans.

14:52There was an early emphasis on people whose status was just a tiny notch better than the folks who they were focused on policing. And so the Anglo-Saxons are policing the Irish or the Germans are policing the Irish. The Irish are policing the Poles. Black people are there. They're getting policed by everyone, but their numbers are fewer. And so this dynamic that's playing out is that police officers are a critical feature of establishing a racial hierarchy, even among white people.

15:35That's it for this week's episode of America in Pursuit from NPR and ThruLine. If you want to hear the full-length Throughline episode about the history of policing, check out Policing America. And make sure to join us next Tuesday when we go to the center of the U.S. Civil War. Not to the battlefields, but to the often forgotten presidential election that defined the war and its outcome. On the one side, you've got the Democratic opposition considering Lincoln and the administration and the federal army to be a tyrannical force. On the other hand, you've got Lincoln and the National Union Party.

16:17They're offering a vision of a reunified nation no longer stained by slavery, true to the egalitarian principles of the Declaration of Independence. That's next week. Don't miss it. This episode was produced by Kiana Moghadam and edited by Christina Kim with help from the ThruLine production team. Music, as always, by Ramtin and his band, Drop Electric. Special thanks to Julie Kane, Irene Noguchi, Beth Donovan, Casey Miner, and Lindsay McKenna. We're your hosts, Randa Abdel Fattah and Ramtin Arablui. Thank you for listening.

17:01Thank you.