Peterborough Lakefield Community Police Service

Important Info

Main Menu

Login

Cst Bruce Sayer

Home

Our Organization

Our History

Policing before the 1850's

In early nineteenth century Canada, the term 'polce' was pratcially synonymous with the general powers of civil government. It was not until Sir Robert Peel in London, England established the 'new model' police, that a new meaning for 'police' took exsistence. This new, and still present meaning is: A body of civil officers who enforce law and maintain order.

By the beginning of the nineteeth century, legislation existed in Ontario, Quebec and the Maritime provinces, authorizing the appointment of common-law municipal constables by justices of the peace (an ancient British office that combined the duties of minor judge and police administrator). In the early 1980's, significant changes occurred in the arrangements for municipal policing. Two important factors precipitated these changes. One was the police reform movement in England. In particular, the 1829 enactment of the London Metropolitan Police Act. The other was the advocacy of reform of local government. In particular, the transference of local government responsibilites from justices of the peace, to elected municipal councils.

These two reform movements occurred when charters of incorporation were being enacted for major cities and towns in the early 1830's. These charters, transferred almost all the local government responsibilities of the justices of the peace, to elected municipal councils. Often, this included the responsibility of appointing constables.

Before 1850, law enforcement in Peterborough had been haphazard at best. In 1792 the English common law was officially introduced as the law of the new Province of Upper Canada (Introduction of English Common Law Act, 1792). The following year the Parish and Town Officers' Act was enacted for the province. This Act provided for the appointment, by justices of the peace, of high constable for each district of the province and constables in every "parish, township, reputed township, or place." Like their English common-law counterparts, the constables of Upper Canada were local peace officers. They were generally subordinate to local justices, and paid a modest salary for performing their duties of maintaining the Royal peace.

In all but the larger centres, the constables acted as part of a "watch" system. Peterborough employed a variation of this system; hiring individuals as "Sentinels", to act as watchmen. However, this was not effective and there was considerable dissatisfaction with the system. An 1838 article from a Cobourg newspaper, "The Plainspeaker," reflected this position:

"About a year since a few "Sentinels" were established at the expense of the inhabitants, it is however to be regretted that they have only brought contempt and disgrace on those who have control of them. As they appear to be guided by the motto "Mutare sperno" (To Be Scorned). Their hitherto supporters have lost all hopes of their amendment. Let us do them justice. The were seldom seen off their post - few ever having ventured beyond the limits of the town."

The Sentinels were amateur and very poorly paid, usually according to a fee schedule based upon the execution of specific judicial processes. Under such circumstances, effective and efficient policing could hardly be expected.

Policing between 1850 & 1900

On January 1, 1850, Peterborough, along with several other Ontario centres, was incorporated as a town. Three weeks later the town council met for the first time. High on the agenda was the selection of a Chief of Police. William Cummings was selected as Peterborough's Chief Constable, from six candidates. Cummings, along with a part-time constable from each of the town's four wards, comprised Peterborough's first official police force. This occurred fifteen years after a police force was formed in Toronto, five years after a police force was created in New York, and four years before they were formed in Boston and Philadelphia.

The Municipal Corporations Act of 1849, under which Peterborough had been incorporated, provided for the establishment of police forces in cities and towns of Upper Canada. An appointed officer, called a "Chief Constable" was obviously intended to be the head of the police force, subject to the direction of the Police Magistrate and the Council. However, neither his duties nor his relationship to the constables of his force were specified in statute. As a result, Cummings found himself the Inspector of wood, shingles, fur, bark, stone, coal, and the weigher of hay and merchandise. He was responsible for the town's sole fire engine and other property the Council saw fit to leave with him. Cummings also found himself responsible for the weighing of bread in local bake shops, immediately after it became cold. This was to ensure that customers received the same weight of bread for which they had paid. Cummings was paid $45 a year plus a share of the fees from his other duties as inspector and weigher. By 1856, his salary had doubled to $90 per year.

In 1858, the Municipal Institutions of Upper Canada Act became law and introduced the concept of a Board of Commissioners of Police as the governing authority for a municipal police force. This concept was first developed in the United States in the mid 1840's. Section 374 of that Act provided that:

"In every City there is hereby constituted a Board of Commissioners of Police, and such Board shal consist of the Mayor, Recorder and Police Magistrate, and if there is no Recorder or Police Magistrate, or if the offices of Recorder and Police Magistrate are filled by the same person, the Council of the City shall appoint a person resident therein to be a member of the Board, or two persons so resident to be members thereor, as teh case may require."

The "Recorder" referred to in this section was a judicial officer appointed by the Crown (ie: the province) and held office at its pleasure. The Recorder was ex officio, a justice of the peace.

The Act stipulated that the police force was to consist of a Chief Constable and "as many constables, other officers and assistants, as the Council from time to time deems necessary, but not less in number than the Board reports to be absolutely required." Members or the force were appointed by, and held their offices at the pleasure of the Board. The Board was required to make regulations "for the government of the Force, for preventing neglect or abuse, and for rendering the force efficient in the discharge of all its duties."

Most important was Section 379 of the Act that addressed the statues of the police:

"The Constables shall obey all the lawful directions, and be subject to the government of the board, and shall be charged with the special duties of preserving the peace, preventing roberies and other felonies and misdemeanours, and apprehending offenders, and shall have generally all the powers and privileges, and be liable to all the duties and responsibilities which belong by law to Constables duly appointed."

Again, the status of the Chief Constable and his relationship to the constables and other officers of the force were left unspecified in the Act. Presumably, however, he was to be considered one of the constables for the purposes, at least of Section 379 of the Act. The reason for the adoption of Municipal Police Boards in Upper Canada remains obscure. Some writers asserted that the provisions were intended to remove the police from politics, or at least political influence. This was a common problem in the United States at the time. As time would prove, Peterborough would not be immune from the attempts of politicians to influence policing.

With the passage of the Municipal Institutions of Upper Canada Act, the Peterborough Police Force became an organization of full-time members. Even so, an author writing of the 1860's and 1870's noted that the police were virtually helpless in controlling the rowdyism that occurred along the lanes and "rum rows." (George St., Hunter St., Simcoe St., and Charlotte St.) Whiskey sold for 25 cents a gallon. There were 10 liquor stores, 12 hotels, and six saloons in operation within the town by 1870.

It was during this period that the Peterborough Police Force was first called upon to quell a civil disturbance. Like many of the confrontations that occurred in the province, it was based on ethnic and religious frictions between English-Protestant and Irish-Catholic citizens. The Irish Catholics of the town and surrounding townships announced that they were planning to hold a parade on March 17th, 1863, marking the birthday or Ireland's patron saint. The assembly point would be the "Irish Citadel" or the Phelan Hotel (later to become the Queen's Hotel) on Simcoe Street.

The Protestant Orangement were determined that a parade would not be held and being outnumbered by their Irish Catholic opponents, had invited the help of the virulent anti-Catholic "Cavan Blazers." The day arrived and crowds gathered. Everyone was sure a fight was going to take place. Mayor Charles Perry, Peterborough's fourth mayor, was of the same mind. Backed by the town's police, he read the Riot Act before the parade was scheduled to start, and ordered the crowd to disperse. Although it would have taken little to start a fight, the crowd obeyed and the parade was not held.

A vote on a bylaw to prohibit the sale of liquor in the town had been defeated in 1865. This opened the way for the establishment of numerous licensed liquor shops and taverns. With the increase in outlets, came an accompanying increase in rowdyism. The out numbered police were generally helpless in the face of such rowdyism, especially when the lumber drives were on the way down the Otonabee River. Often the logs would be tied up for days at Peterborough. In the evenings, the barrooms were popular sources of entertainment for loggers and locals alike and fights were frequent. The situation was so bad that "respectable" women dared not go out on the streets after dusk.

Through the 1870's, the number of licensed premises increased and liquor began to be sold in grocery stores. So serious was the liquor problem, not only in Peterborough, but throughout Ontario as well, that a great wave of temperance sentiment arose. The Dunkin Act which became law in 1864 and had remained on the statutes after Confederation, provided a local municipal temperance option in Upper and Lower Canada. By 1878, 11 counties and 32 municipalities in Ontario had adopted the option and became "dry."

Early in 1877 the Peterborough town council received a petition from a number of citizens. The petition asked that the sale of liquor in grocery stores be prohibited; that licences be refused to certain saloons; and the number of liquor licenses be limited. Council decided to take a vote under the provisions of the Dunkin Act. Those who favoured the local option were known as "Dunkinites" and those opposed as "Anti-Dunkinites." Sides soon formed and meetings were held. As too often happened when the liquor issue was being debated, some "strong-arm" methods were employed. As a result, bitter feelings developed between the opposing sides. The vote was set for three days in October of 1877.

On the first day the Anit-Dunkinites took possession of the only polling place. No Dunkinite was permitted to pass. They intended to hold the poll by force, if necessary. Finally, Chief George Johnson and his constables cleared the polling place and the voting was allowed to contiue.

During the morning of the second day, there were several attempts to start a disturbance; however, "good sense on the part of the supporters of law and order and the strong arms of the constables prevented serious disturbances." The result of the vote was 524 "For" and 414 "Against." A few weeks later, the village of Ashburnham (Later to be incorporated into Peterborough) voted 79 "For", 87 "Against." The days of the "rum rows" were at an end.

By 1887, the Peterborough Police Force consisted of five full-time members. These members being, Constables McGinty, McGhee, Pidgeon, Adams and Chief W.H. Cooper. Chief Cooper resigned in May of that same year to become Superintendent of the Privately run Protective Police and Fire Patrol Company of Canada, in Toronto. Adams was temporarily appointed Chief Constable until a permanent replacement could be found. The historical literature of the period gives no mention of who became the next Chief Constable, however, it was likely Chief George Roszel. Adams later returned to his position of constable.

More to be added soon . . .

[ Back ]