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Social Capital, Civic Labor, and State Capacity in the Early American Republic: Schools, Courts, and Law Enforcement

Published online by Cambridge University Press:  13 June 2019

Johann N. Neem*
Affiliation:
Western Washington University

Abstract:

This article examines the local roots of the American state to complicate existing historiography. It suggests that, for education and law, the state tapped into local social capital to develop capacity. State and local governments relied on the mobilization of citizens’ bodies—civic labor—to provide public goods. In doing so, it suggests that we need to offer a story that captures the myriad ways that Americans engaged in state-building, and how those different forms shaped Americans’ relations with state power.

Type
Article
Copyright
Copyright © Donald Critchlow and Cambridge University Press 2019 

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Footnotes

The occasion of this article was an invitation to participate in the Mount Vernon Statebuilding workshop, organized by Max Edling and Peter Kastor, and hosted by George Washington’s Mount Vernon in 2016. I thank all the contributors and commentators for their insights: Brian Balogh, Douglas Bradburn, Kate Elizabeth Brown, Lindsay Chervinsky, Max Edling, Andrew J. B. Fagal, Daniel Hulsebosch, Peter Kastor, Gautham Rao, Stephen Rockwell, and Rosemarie Zagarri. An earlier version of this article was also presented at the 2016 Policy History Conference, where I benefited from the comments of my fellow panelists Mark Boonshoft, Richard John, Gail Radford, and Tracy Steffes. John L. Brooke and two anonymous readers offered substantive peer reviews to guide my revisions. Hunter Price offered thoughtful suggestions on an earlier draft.

References

NOTES

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22. Thus, in addition to civic labor, enslaved labor helped develop state capacity. See Quintana, Ryan A., “Slavery and the Conceptual History of the U.S. State,” Journal of the Early Republic 38, no. 1 (Spring 2018): 7786.CrossRefGoogle Scholar

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30. Mathews, David, Why Public Schools? Whose Public Schools? What Early Communities Have to Tell Us (Montgomery, 2002): 134,Google Scholar 107–13, 124–26 (more generally, see chaps. 6–8); Thornton, J. Mills III, Politics and Power in a Slave Society: Alabama 1800–1860 (Baton Rouge, 1978): 293–95, 300302.Google Scholar

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33. I make this argument in detail in Neem, Johann N., “Path Dependence and the Emergence of Common Schools: Ohio to 1853,” Journal of Policy History 28 (2016): 4880.CrossRefGoogle Scholar

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41. On this trend, see Neem, Democracy’s Schools, 161–72; Moss, Hilary J., Schooling Citizens: The Struggle for African American Education in Antebellum America (Chicago, 2009).CrossRefGoogle Scholar

42. Neem, Democracy’s Schools, 88.

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45. On police power, see note 3 above.

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47. Edwards, People, 47–53.

48. Ibid., 5–7, 65–66.

49. On this point, in addition to Edwards, People (quote at 7), see also Jones, Martha S., Birthright Citizens: A History of Race and Rights in Antebellum America (New York, 2018).CrossRefGoogle Scholar

50. Edwards, People, 11.

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53. Edwards, People, 67.

54. Ibid., 68–74.

55. Ibid., 90.

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59. Steinberg, Transformation, 120.

60. Ibid., 120–21, 148–49.

61. A good overview can be found in Johnson, David R., American Law Enforcement: A History (St. Louis, 1981).Google Scholar Johnson argues that the rise of professional police forces enabled the public sector to protect the peace not only more effectively but also in better alignment with the rule of law. The big shift he notes is from an era of citizen-officers who responded to crimes when called upon by justices of the peace and other local magistrates, to professional police forces designed to prevent criminal activity. In contrast, Malka, Mob Town, 62–85, 176–86, cautions against drawing too stark a distinction between popular and professional policing, noting that both reinforced the white male citizenry’s oversight of black people and relied on extralegal forms of violence. In Baltimore, “white popular policing” (176) continued to thrive even as Baltimore created a salaried police force.

62. Wilson and Livingston, quoted in Kopel, David B., “The Posse Comitatus and the Office of Sheriff: Armed Citizens Summoned to the Aid of Law Enforcement,” Journal of Crime and Criminology 104, no. 4 (2015), at 793, 795;Google Scholar Rao, Gautham, “The Federal Posse Comitatus Doctrine: Slavery, Compulsion, and Statecraft in Mid-Nineteenth-Century America,” Law and History Review 26, no. 1 (Spring 2008): 156,CrossRefGoogle Scholar esp. 9–15.

63. Hadden, Slave Patrols. Hammond quoted at 6.

64. Hadden, Slave Patrols, 45–47, 73–79, 102–4.

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66. Discussion of New York from Johnson, American Law Enforcement, 26–27.

67. Johnson, American Law Enforcement, 28–31. On how professionalized police forces served to reinforce white supremacy, see Malka, Men of Mobtown.

68. Rao, “The Federal Posse Comitatus Doctrine.” Discussing customs officials, Parrillo, Against the Profit Motive, chap. 6, argues that when federal officers were locally situated, they could rely on their status and networks to enforce duties, but, as customs officers became more distant partisan appointments, they lost the capacity for effective enforcement because they lost their connections to the community. On customs officers, see also Rao, , National Duties: Customs Houses and the Making of the American State (Chicago, 2016).CrossRefGoogle Scholar

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78. McCreedy, “Palladium of Liberty.”

79. Gerstle, Liberty and Coercion, 37–38; McCreedy, “Palladium of Liberty,” chap. 13.

80. For discussions on more recent eras, see Kramer, Catherine, The Politics of Resentment: Rural Consciousness in Wisconsin and the Rise of Scott Walker (Chicago, 2016);CrossRefGoogle Scholar Berger, Peter and Neuhaus, Richard John, To Empower People: From State to Civil Society (Washington, D.C., 1996).Google Scholar

81. See Neem, Creating a Nation of Joiners, chaps. 5–6; Brooke, “Patriarchal Magistrates”; Parrillo, Against the Profit Motive.

82. On the idea of coproduction and its relation to social capital, see Marschall, Melissa J., “Citizen Participation and the Neighborhood Context: A New Look at the Coproduction of Local Public Goods,” Political Research Quarterly 57, no. 2 (June 2004): 231–44.CrossRefGoogle Scholar