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200th Anniversary of Constables and Justice of the Peace in Texas
On March 5, 1823, Stephen F. Austin appointed the first Justice of the Peace for his original colony in Texas. That man was John Jackson Tumlinson, Sr. JP Tumlinson told Austin that he would need an officer of the court and Austin appointed the first Constable, Thomas Valentine Alley, who possessed both civil and criminal powers.
Constables are the earliest and oldest recorded peace officer in world history. They have served the Justice Court system since 1362. The position originated from the Eastern Roman Empire. The primary duty was commander of the King’s army and uphold the Crown rule of Orders. The Constable was the only one permitted to carry the King’s sword.
In England, by the turn of the sixth century, Constables were the Chief Household Officers. In 1066 England, under King William, the term “cop” was created for “Constable on Patrol”. When the pilgrims landed in America in 1632, the first American Constable was appointed for the Plymouth colony. He enforced the orders of the colonial and county officials in both civil and criminal matters.
Back in Texas, another Constable was sworn in to protect Austin’s original colony. Three months later, with all the issues across Texas, the original two Constables stayed to protect the local colonies and ten other constables were sent out to protect the range and guard the frontier. These men later formed the Texas Rangers.
In 1836, the Constables and Rangers comprised an active group of around 200 men. This same group was strategically used to go in and move out the Native Americans from around the San Jacinto area. This allowed Sam Houston’s army to quietly attack Santa Anna at the Battle of San Jacinto.
The Constable was later written into Constitutional law and was the only law enforcement officer defined by the original Texas Constitution. At this time, Sam Houston formerly separated the Constables and Rangers. The Constable would be elected by the people in precincts. The Texas Rangers became an officer of the Republic. Both groups would be commissioned and report to the governor, which holds true today.
During the Civil War, most Constables joined their brothers, the Texas Rangers, and left to fight for the Confederate Army. From 1869 to 1872, there were no elected Constables in Texas. The Constitution of 1876 mandated once again that constables be elected at the local precinct level.
One of the most colorful Justice of the Peace was Judge Phantly Roy Bean of Pecos County. Judge Roy Bean served from 1882 to 1896 and was known as “The law west of the Pecos”. The first female Justice of the Peace was Hallie Stillwell of Brewster County, and served from 1962 to 1977.
Familiar figures have spent part of their lives and careers as a Constable or Deputy Constable. They include, Virgil and Wyatt Earp, “Wild Bill” Hickok, Texas Ranger Clint Peoples and Constable John Henry Selman who shot and killed John Wesley Hardin on August 19, 1895. JP Tumlinson only stayed in office for three months. He joined the Texas Ranger unit and is considered the first Texas Ranger to die in the line of duty.
Constables are given Constitution authority to enforce both civil and criminal laws. State and city police officers are given the authority to only enforce criminal laws. Constables have the authority to enforce almost every law in the State of Texas. In Texas, a Constable office may have traffic divisions, criminal investigation divisions, patrol and special response teams besides their civil process division.
A Constable is considered to be the “Peoples Police” because of their Constitutional origin and local elected representation of the people. Today, there are more than 750 Constables to serve the citizens of the State of Texas.
