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Preserving Decency Preserving Decency: The Regulation of Sexual Behaviour in Early Otago 1848-1867 Sarah Carr A thesis submitted for the degree of Doctor of Philosophy At the University of Otago, Dunedin, New Zealand August 2014 Preserving Decency: The Regulation of Sexual Behaviour in Early Otago 1848-1867 Sarah Carr August 2014 Abstract When the first settlers departed for Otago from Britain in 1847, the leaders of the settlement envisioned a class based society populated by law abiding, Scottish Presbyterians. The founders had proposed that the settlement be based on the economic and social principles of “systematic colonisation,” developed by Edward Gibbon Wakefield during the first half of the nineteenth century. A key feature of these principles was the emigration of young married couples or an equal number of young men and women, who were to have sufficient children to provide the colony with its future source of labour. In addition to these principles the settlement was supported by the Free Church of Scotland, with the expressed desire that emigrants would be selected for their adherence to Presbyterianism, preferably the Free Church. This combination of marriage, procreation and Presbyterianism meant that the settlement was based on strict ideas about the regulation of marriage and sexual intercourse in order to adhere to the Church’s teachings about sex and systematic colonisation’s principles regarding procreation. This thesis examines the regulation of sexual behaviour in Otago in light of the various values that influenced its settlement. Consideration is given to the role of the church, its ministers, and the church courts in regulating the celebration of marriage within the settlement, and in punishing illicit sexual behaviour. This thesis also examines the role of secular authorities, including the police and local and supreme courts, in regulating and punishing illegal sexual activities. Finally, more informal methods of regulation are looked at, including the role of members of the community, especially women, in establishing and maintaining standards of behaviour. The findings of this research illustrate the limited effectiveness the church had in regulating behaviour, tensions between church and state when their roles intersected, and the difficulties of imposing a single, accepted sexual morality within the settlement. ii Contents Acknowledgements ................................................................................................................. v Tables ...................................................................................................................................... vi Maps & Illustrations …………………………………………...………...………………...vii Section I: The Context for Sexual Regulation 1. Introduction ......................................................................................................................... 1 Socially Constructed Regulation of Sex ............................................................................... 7 The Historiography of Colonial New Zealand and Otago .................................................. 20 2. The Settlement of Otago ................................................................................................... 31 The Origins of the Otago Settlement .................................................................................. 32 The Principles of Wakefield’s Systematic Colonisation .................................................... 36 The Importance of Procreative Sex..................................................................................... 40 The Importance of the Regulation of Sex ........................................................................... 41 Regulation of Marriage and Sex in Otago Before 1848 ..................................................... 43 Otago from 1848 ................................................................................................................. 57 Conclusion .......................................................................................................................... 64 3. Church, State and Society: Infrastructure for the Regulation of Sexuality in Otago 66 Church Based Regulation of Behaviour ............................................................................. 68 Secular Regulation of Behaviour ........................................................................................ 82 Social Regulation of Behaviour ........................................................................................ 101 Conclusion ........................................................................................................................ 111 Section II: Cases of Sexual Transgression in Early Otago 4. Scandalous Carriage: Pre-marital Sex, Fornication and Adultery ............................ 113 Ante-Nuptial Fornication .................................................................................................. 117 Irregular Marriages ........................................................................................................... 122 Co-habitation..................................................................................................................... 130 Bigamy .............................................................................................................................. 138 Adultery ............................................................................................................................ 146 Conclusion ........................................................................................................................ 155 5. Punishable Outcomes: Illegitimacy and Infanticide .................................................... 157 Illegitimacy ....................................................................................................................... 158 iii Infanticide ......................................................................................................................... 163 Conclusion ........................................................................................................................ 175 6. Unnatural Vices – Sodomy and Bestiality .................................................................... 177 Sodomy ............................................................................................................................. 184 Bestiality - Offensa cujus nominatio crimen est ............................................................... 200 Conclusion ........................................................................................................................ 219 7. Sexual Assault and Rape ................................................................................................ 222 Conclusion ........................................................................................................................ 248 8. Prostitution: Women at odds with the moral ideal ...................................................... 250 Conclusion ........................................................................................................................ 284 9. Conclusion ....................................................................................................................... 286 Appendices ......................................................................................................................... 2933 Bibliography…………………………………………………………………………....….297 iv Acknowledgements Thanks firstly go to my supervisors Angela Wanhalla and Chris Brickell for their constructive direction, positive comments, senses of humour, patience and understanding. The staff of the Presbyterian Church of Aotearoa New Zealand Archives, Hocken Library, Otago Settlers Museum Archives and Archives New Zealand have all demonstrated patience with requests for information and records, while making suggestions about other resources that have added to my research. To Emeritus Professor Peter Matheson, who was always happy to discuss theological conundrums over coffee or lunch. To my mother, Ann, and my late father, Peter, who always encouraged my brothers and I to ask questions, the stranger the better. Finally, but never least to my husband, Neil, for his encouragement, belief, patience and love, and to our children, Ben, Tat and Gus, for always putting things into perspective and reminding me of the important things in life. v List of Tables Table 2.1:Shipping to Otago 1833-1839 which added to the population 50 Table 2.2: Number of Married Couples and their children by age of wife on first 60 ships Table 2.3: Settler numbers by occupation level 1848 61 Table 2.4: Occupations of fathers, First Church baptisms 1848-1859 63 Table 3.1: Number of discipline cases by year by type 1849-1865 75 Table 3.2: Population by Denomination 1848-1855 77 Table 3.3: Types of Convictions 1852-1854 89 Table 4.1: Age at Marriage for couples guilty of ante-nuptial fornication compared 119 to all First Church Marriages vi List of Figures Figure 1.1:Map showing location of the Otago settlement and the extent of the 6 Province of Otago Figure 2.1: Map showing Whaling Stations in Southern Murihiku c.1830-50 46 Figure 8.1: Convictions of Women under Vagrant Ordinance 1861 and Vagrant Act 268 1866 Figure 8.2: Number of convictions for Vagrancy and Disorderly Conduct 1861- 270 1867 Figure 8.3: Dunedin from Bell Hill looking south, c. 1861 278 Figure 8.4: Map of Dunedin south of the Octagon 1865 showing hotels, pubs, 279 brothels and theatres vii
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