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Boston's History

In the common law a constable is called a "peace" officer or "conservator of the peace.

In the civilization which produced the common law, this public duty was imposed locally upon officers called constables, selected for the purpose from the inhabitants of the parishes or townships which they served. These officers were armed with very large powers of quelling threatened or incipient breaches of the peace, arresting without warrants, imprisoning, breaking open houses, and the like. One of their principal duties was to keep watch and ward, similar in main purpose to the day and night patrol of a police department, "ward, guard, or custodian " being chiefly intended for the day to apprehend rioters and robbers on the highway, while "watch" was applicable to night only.

On April 12, I63I, it was ordered by "court" that watches be set at sunset, and two days later a " Court of Guard " was established. This, the first Boston "watch" was continued until on February 27, I636, the selectmen ordered a watch. Citizens per formed this duty under a penalty of a fine for failing to comply.

The constable had to be of good character and an actual resident of the parish he served. No salary was attached to this position. His personal presence in the parish was indispensable, for he was presumed to be known to all the inhabitants of the parish and they were all bound to obey his orders and to aid and assist him whenever called upon in the exercise of his lawful authority. Strangers could not long remain in the community without his knowledge, nor little could go on without coming to his ears.

In 1701 the watch was increased to fifteen and permission was requested to prosecute those who abused them while they were performing their duty. In 1710 watchboxes were set up in various parts of the town, and in the year 1711 fire wards were appointed.

As cities grew up and crimes increased, however , defects developed in the method of policing by constables. Without adequate compensation, the constables could not afford to devote the time required to properly safeguard the peace. Then again, if there were "several constables in a community, each was an independent officer, and there was no system compelling them to cooperate with each other. In short, while the common-law constables possessed practically the same powers as those of the modern police, they ceased to be adequate instruments for preserving the peace when conditions of society became more complex. This was due to the lack of singleness of purpose, cooperation, and discipline which are fundamental features of every good police department of modern times.

On May I4, 1796, the Legislature passed an act under which the Boston watch was reorganized. The watchmen carried a badge of office -a hook with a bill and a rattle.

The offices of constable and of the watch and ward were transplanted in Massachusetts with the common law, but, with the growth of Boston into a city, the method of policing by the common-law constables apparently became inadequate. By a law passed in 1699 it was provided that in cases where no military watch was established justices of the peace, acting with the selectmen of a town, or, in case no justice of the peace dwelt in the town, the selectmen alone, could order a suitable watch nightly from nine o'clock in the evening until sunrise the next day and the place or places where the same should be kept, and also a "ward" on the Lord's day and other days, and appoint the members of such watch and ward.

In 1812, on the Declaration of War with England, 100 special police were appointed, and the permanent watch was increased to forty-six men. On February 22, 1822, the Legislature passed an act establishing the City of Boston, and the new Police Court held its first session on June 20 of that year.

The act also required that the watchmen should walk the rounds in and about the inhabited parts of the town to prevent any danger by fire, and to see that good order was kept. All male persons in the town of the age of sixteen years or upward, being able-bodied and having certain property qualifications, were made liable to keep watch and ward. The services of these members of the watch and ward were compulsory, and no provision was made for their compensation.

On May 26, I854, at precisely 6 p.m., under an act passed the previous year, the Boston watch and police ceased to exist and the " Boston Police Department" came into being. It consisted of approximately 250 men under a Chief of Police, and the "old" watch hook, after being in use for I54 years, gave way to the club. The night men, however, retained the rattle.

By chapter 5 of the Province Laws of 176 1-62, the selectmen of Boston were authorized to choose not exceeding thirty of the inhabitants to serve as watchmen, the town "agreeing to pay the charge," and to appoint one of each division of the watch to be head or constable of that division. This act, which was originally to continue for three years, was revived from time to time until November I, 1785, when it finally expired.

By chapter 26 of the Acts of 1801, the select- men of Boston were authorized to appoint such a number of watchmen as they deemed expedient, to be paid by the town, together with a head constable to superintend the watch, and a constable for each division of the watch. The constables of divisions were to

In I86o a sailboat was purchased for the Harbor Police to facilitate their protection of the water front. In I871 the "Central Office" of the Police Department was put in communication with all police stations through the means of telegraph.

Under the city charter of 1822, the administration of the "police" was transferred from the selectmen to the mayor and aldermen of the city.

It was not until the passage of an act in 1853, however, that the creation of an organization approaching the present conception of a police department was authorized. By this act, the City Council was authorized to unite by ordinance the watch and police departments of the city and to establish regulations therefore.

In 1874 mounted police were introduced for the first time and twenty-eight horses were provided. During this year the first police steamer, " "The Protector," was built, equipped, and commissioned.
 

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