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Motherhood in Early America  

Nora Doyle

Women’s lives in British North America and the early United States were fundamentally shaped by the experiences of childbearing and childrearing and by the ideologies of motherhood that emerged from a range of cultural contexts. Most women in this period became mothers, either through choice or coercion, but their experiences of childbearing and motherhood differed sharply depending on their cultural background, social status, and experience of freedom or bondage. The history of motherhood was marked by significant continuities as well as change over time. For most women, motherhood was fundamentally defined by the physical rigors of pregnancy, childbirth, and breastfeeding, and these experiences remained central across generations. Motherhood comprised a range of roles, activities, and areas of expertise, and as a result many women enjoyed considerable authority as mothers within their families and communities; this too remained constant. Changes to childbearing, motherhood, and maternal ideology occurred gradually and unevenly and affected women from different backgrounds in distinct ways. The incursions of European settler colonialism and the later expansion of the new United States, for instance, brought growing instability to Native American communities and threatened to undermine Native women’s power as mothers, though they formulated strategic responses to preserve their authority. The second half of the 18th century saw changes to women’s experiences and to feminine ideology in Anglo-American society. Middle-class and elite White women precipitated a fertility revolution that resulted in steadily declining family size; in contrast, enslaved women of African descent generally experienced increasing rates of fertility in the 18th century, and their childbearing experiences were shaped by the commodification of their reproductive labor. At the same time, a gradual transition began in the realm of childbirth as some middle-class and elite white women called on male physicians to manage their births. Meanwhile, this same era also saw a significant ideological shift as motherhood gained new significance in Anglo-American culture, making the image of the ideal white mother the most potent symbol of feminine virtue and influence.

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The Posse Comitatus Doctrine in Early America  

Gautham Rao

Courts and legislatures in colonial America and the early American republic developed and refined a power to compel civilians to assist peace and law enforcement officers in arresting wrongdoers, keeping the peace, and other matters of law enforcement. This power to command civilian cooperation was known as the posse comitatus or “power of the county.” Rooted in early modern English countryside law enforcement, the posse comitatus became an important police institution in 18th- and 19th-century America. The posse comitatus was typically composed of able-bodied white male civilians who were temporarily deputized to aid a sheriff or constable. But if this “power of the county” was insufficient, law enforcement officers were often authorized to call on the military to serve as the posse comitatus. The posse comitatus proved particularly important in buttressing slavery in the American South. Slaveholders pushed for and especially benefited from laws that required citizens to assist in the recapture of local runaway slaves and fugitive slaves who crossed into states without slavery. Though slave patrols were rooted in the posse comitatus, the posse comitatus originated as a compulsory and noncompensated institution. Slaveholders in the American South later added financial incentives for those who acted in the place of a posse to recapture slaves on the run from their owners. The widespread use of the posse comitatus in southern slave law became part of the national discussion about slavery during the early American republic as national lawmakers contemplated how to deal with the problem of fugitive slaves who fled to free states. This dialogue culminated with the Fugitive Slave Law of 1850, in which the US Congress authorized officials to “summon and call to their aid the bystanders, or posse comitatus” and declared that “all good citizens are hereby commanded to aid and assist in the prompt and efficient execution of this law, whenever their services may be required.” During Reconstruction, the Radical Republican Congress used the posse comitatus to enforce laws that targeted conquered Confederates. After the end of Reconstruction in 1877, Southern states pushed Congress to create what would come to be known as the “Posse Comitatus Act,” which prohibited the use of federal military forces for law enforcement. The history of the posse comitatus in early America is thus best understood as a story about and an example of the centralization of government authority and its ramifications.