Sheriffs and Constables
Sheriffs are well-known and prominent public officials and law enforcement officers. Constables tend to be somewhat obscure in the public’s awareness. But whether sheriffs or constables, these officers have been steadfastly providing law enforcement services since the colonial period.
The offices of sheriff and constable originated in England and migrated to colonial America as common law traditions. Even as statutory law enhanced the powers and duties of sheriffs and constables, common law continues to underpin the modern-day authority of these and other law enforcement offices by reference in their enabling laws.
The office of sheriff is the oldest law enforcement office in South Carolina and first appeared in colonial Charles Town (Charleston). At that time, justice was rendered in common law courts, and on January 2, 1683, Governor Morton commissioned Robert Gribbes as sheriff under the Lords Proprietors. Lawlessness in the colony’s interior contributed to the passage of an Act in the Commons House of Assembly, which created seven judicial districts and appointed sheriffs. The royal governor ratified it on November 11, 1767.
South Carolina’s sheriffs function as a county’s chief law enforcement officer. Sheriffs or their deputies are the primary first responders with law enforcement services for the unincorporated portions of all but one South Carolina County; Horry County has a sheriff and a separate county police department. The sheriff’s role is crucial in maintaining law and order in the counties. They also provide various support services for the state courts. The South Carolina Constitution provides for a sheriff’s election. The successful candidate serves a four-year term and may stand for subsequent terms. The State Constitution empowers the General Assembly to determine the need for additional officers to enforce the state’s criminal laws, including constables, who are appointed by the governor. Both the sheriff and constable play a vital role in supporting the criminal justice system at all levels.
While the role of sheriffs has remained relatively consistent throughout South Carolina’s history, the job of constables has changed significantly over time. Early local constables were sometimes elected rather than appointed. In 1868, the first organized statewide police force in South Carolina included Black state constables but disbanded as Reconstruction ended. The local constable continued well into the 20th century as a magistrate’s constable, rather than a general police officer. This specialized type of constable has since ceased to exist. The State Constabulary returned in the 20th century. State constables were involved with alcohol law enforcement, which evolved into a role assisting other law enforcement agencies and conducting investigations for the governor. Over time, the state constable’s office evolved with varying purposes and categories. Today, the state constable plays a significant and sometimes little-understood role in our law enforcement system.
Constables are regulated by section 23-1-60 of the South Carolina Code of Laws, which provides, “Appointment, compensation, removal, and terms of special deputies, constables, security guards and detectives…” All appointments are made by the governor, with training requirements and general administration managed by the State Law Enforcement Division (SLED). Constables may be retired law enforcement officers, uniformed volunteers serving in a capacity like reserve police officers, or regular law enforcement officers employed by agencies or institutions that are not primarily law enforcement organizations but have select law enforcement duties. They might wear uniforms or plain clothes depending on their departmental assignment. In all categories, appointment as a constable grants the common law police powers of a constable, which is essential for non-police organizations with public safety employees, such as universities and colleges.
The authority of sheriffs and constables extends to state troopers, campus police officers, and other law enforcement officers. Section 23-6-140 of the South Carolina Code of Laws grants Highway Patrol troopers the same power as sheriffs to make arrests without warrants. In this way, the office of sheriff helps empower troopers. Similarly, state law (§ 5-7-110) vests municipal police officers “with all the powers and duties conferred by law upon constables.” As with municipal officers, campus police officers derive their authority partly from the powers of a constable. Section 59-116—20 of the state code of laws provides, “The officers (campus police) must be commissioned as constables under Section 23-1-60 and take the oath of office prescribed by law and the state Constitution for those officers. The jurisdiction of such a constable is limited to the campus grounds and streets and roads through and contiguous to them.”
Common law jurisdiction for sheriffs and constables is the core authority granted to arrest and bring charges against persons for violating state criminal offenses. State and local officers almost always share this authority within their territorial jurisdictions, the geographic area where law enforcement officers can exercise their police powers. Sheriffs and their deputies may also bring charges for violating county ordinances. However, county deputies cannot enforce municipal ordinances without an agreement between governing bodies. Sheriffs’ territorial jurisdiction is usually limited to their respective counties. Even so, sheriffs and deputy sheriffs are considered state, not county, officials. State constables usually have statewide territorial jurisdiction unless limited by SLED or state statute.
Sheriffs are well-known and prominent public officials and law enforcement officers. Constables tend to be somewhat obscure in the public’s awareness. But whether sheriffs or constables, these officers have been steadfastly providing law enforcement services since the colonial period. Their longevity evidences the continued part they play in the administration of justice.
Article V, Section 24. (1895, December 4). Constitution of South Carolina. Columbia, SC.
Cone v. Nettles, 308 S.C. 109, 112, 417 S.E.2d 523, 524 (1992).
Huguley, M.W. (2020, July 30). South Carolina State Constabulary. Retrieved from South Carolina Encyclopedia: https://www.scencyclopedia.org/sce/entries/south-carolina-state-constabulary/
Huguley, M.W. (2023). Lessons Derived from the Origin of the Little-Known South Carolina State Police Constabulary and Black Lives Matter. The Journal of The South Carolina State Historical Association, pp. 45-57.
Smith, R.W. (1903). South Carolina As A Royal Province 1719— 1776. New York, MacMillian, pp. 120 – 134.
