In Licentious Gotham, Donna Dennis offers a deeply
researched and richly persuasive account of the evolution of erotic publishing
in New York City--and the variety of legal efforts
marshaled to combat it--from the 1820s to roughly
1890. Although her scope covers the full nineteenth-century, Dennis foregrounds
the period from 1840 to 1865, when New York firmly established itself as the
center of the United States' burgeoning publishing
industry, and particularly as the locus of the production and distribution of
sexually explicit books, newspapers, engravings, and photographs, along with a
range of contraceptives and sexual aids that may be surprising to readers who
are accustomed to thinking of the antebellum period as being "Victorian" in the
traditional sense of the term.
Licentious Gotham takes its place in the small but
growing body of books that focus on the role of sex in urban culture
(particularly in New York) in the antebellum U.S. and on the spread of sexual
knowledge. The most notable of these books--which are
mostly by historians--include Timothy Gilfoyle's City of Eros: New York City, Prostitution, and the
Commercialization of Sex, 1820-1890 (1992); Patricia Cline Cohen's The
Murder of Helen Jewett: The Life and Death of a Prostitute in
Nineteenth-Century New York (1998); Nicola Beisel's Imperiled
Innocents: Anthony Comstock and Family Reproduction in Victorian America (1998); Helen Lefkowitz Horowitz's Rereading Sex: Battles over Sexual Knowledge and
Suppression in Nineteenth-Century America (2002); and Clare Lyons's Sex
Among the Rabble: An Intimate History of Gender and Power in the Age of
Revolution, Philadelphia, 1730-1830 (2006). Dennis's book sets itself
apart in two ways: through its attention to the business practices of smut
dealers, and its clear presentation of the legal nuances of the shifting
understanding of obscenity regulation in nineteenth-century America.
Trained both as a historian and
legal scholar, Dennis chiefly examines the publishers of erotic materials
rather than the texts themselves, and also the fitful attempts made by the New
York police and district attorney to regulate the trade. In excavating the
business practices of these entrepreneurs of printed erotica, she weaves
together stories of impoverished boys who hawked licentious papers and images
on New York's teeming streets with stories of a wide
range of printers, lithographers, and book dealers who were willing to confront
the legal risks of selling obscene materials. The latter group were motivated
by potentially huge profit margins: by the 1870s, they could earn profits
anywhere between 300 and 500 percent, compared to the 10-20 percent returns
that legitimate publishers typically earned (277). But they all braved the law,
undeterred by occasional waves of prosecution. Intersecting with the business
histories of the frequently-pseudonymous firms that participated in the
incipient pornography business is a story about law enforcement, a shifting
political landscape, and changing ideas about what "obscenity" actually was. Anthony Comstock, the anti-smut
crusader whose story closes the book (and the namesake of the Comstock Act), is
the figure that will be familiar to most readers, but Dennis sheds light on
earlier New York reformers and politicians of varying degrees of diligence:
John McDowall, whose battle against prostitution sparked outcry over the city's sexual immorality during the 1830s; James Whiting, the
district attorney in the early 1840s, who led the first crackdown on obscene
publications in the city; and A. Oakey Hall, a member of the Tweed Ring who, as
district attorney and later mayor of New York, turned a largely blind eye to
the exploding pornography trade.
Throughout the work, however, Dennis's main "protagonists" are a virtually unknown group of entrepreneurs in
nineteenth-century New York's teeming world of print.
According to Dennis, they helped to create what "would
soon become a sweeping, nationwide market for pornography"
(6). They included George Akarman, William Haines, and Richard Hobbes, who
combined to dominate the market in printed erotica in antebellum New York,
particularly for expensive illustrated editions; the lithographer and political
cartoonist Henry R. Robinson, one of the leading boosters of the Whig Party in
1840s New York, who also happened to be the city's
premier dealer in pornographic prints; and Frederic A. Brady, who sold vast
amounts of cheap fiction during the 1850s and 60s, both titillating "racy" stories and more
explicit "fancy"
novels, many of which were circulated to Union soldiers during the Civil War.
Dennis's
argument is two-fold. The first part is an only-in-New-York story, that local
conditions in New York offered a unique environment for the creation of a
successful trade in erotic literature. Since the publishing industry in the
antebellum U.S. grew most explosively in a city characterized by relatively laissez
faire local
regulation of sexual matters (particularly when compared with other large
cities in the period, such as Boston or Philadelphia), publishers of
pornography were able to develop sophisticated and diversified businesses
there. The second and more salient argument is that "participants
in the erotica trade, far from being cowed by the forces of decency or by threats
of imprisonment, repeatedly turned ostensible conditions of repression into
opportunities for promotion and profit" (8-9).
Thus, Dennis concludes that "the world of
obscenity law and the domain of erotic publishing influenced, sustained, and
promoted each other during the formative periods of their development in the
United States," with new legal restrictions
giving rise to new modes of producing, selling, and distributing pornography,
which in turn generated new techniques for regulation and prosecution (11).
While this argument clearly is influenced by Michel Foucault's
thesis (in The History of Sexuality) that the "repression" of sexuality actually served to constitute sexuality
and promote sexual discourse, it is to Dennis's
credit that her book wears its theoretical apparatus very lightly.
The eight chapters of Licentious
Gotham range from
the early nineteenth century to the 1880s, following a roughly chronological
order. The first chapter helpfully surveys the state of legal thought regarding
obscenity from the late eighteenth century to the 1830s, and covers some of the
earliest American obscenity prosecutions. The second chapter deals with the
emergence of the "Flash Weeklies" in New York in the early 1840s. Known by titles such
as the Flash,
the Libertine of New York, and the Weekly Rake, and written in an irreverent, cheeky tone, these
weekly newspapers regaled a readership of young urban "sporting" men with evaluations of various New York brothels
and individual prostitutes. These papers also sought to expose the sexual
peccadilloes of individual New Yorkers (and perhaps to blackmail them), which
led to their initial legal trouble, for several of the editors were prosecuted
for libel. (For more on these papers, along with representative excerpts, see
Patricia Cline Cohen, Timothy Gilfoyle, and Helen Horowitz, eds. The Flash
Press: Sporting Male Weeklies in 1840s New York [2008]). The final two chapters of
the book deal with Anthony Comstock and his role in implementing new, much more
comprehensive strictures against the publication and distribution of sexually
explicit materials in the 1870s and 80s (regulations that, perhaps most
notably, also prohibited the mailing of printed matter dealing with
contraception or abortion). Since Comstock is perhaps one of the easiest
targets of mockery in nineteenth-century America, Dennis does well to avoid
painting him as an overzealous, undersexed rube. Instead she highlights his
legal acumen and his cunning in using the methods of the pornographers in his
campaign against them (268-69).
The heart of Licentious Gotham, however, and what makes it truly
groundbreaking, is the research contained in Chapters 3-6, which outline the
business practices of antebellum New York's leading
pornographers and trace the ways in which they altered their behavior in
response to new legal threats. This story really begins in 1842, when the U.S.
government prohibits the importation of obscene books and images,
unintentionally sparking a wave of import substitution that would result in the
creation of a domestic porn industry based in New York City. The publishers
featured in these chapters--Richard Hobbes, William
Haines, George Akarman, and Jeremiah Farrell--are
names familiar only to a small group of specialists in nineteenth-century
obscenity, and until now we have known very little about them. While many
details about them remain hidden, Dennis's
comprehensive research does a great deal to shed light on who they were and how
they worked, even if they can never come fully alive. From research in New York
court records, from extensive reading in the antebellum New York press, and
most notably from studying the records of the R. G. Dun credit reporting agency
(now held at the Baker Library of Harvard Business School), Dennis offers a
never before seen picture of how the nineteenth-century smut business actually
operated, and she details the strikingly innovative ways in which these
publishers responded to changes in legal efforts to shut them down. (She also
notes that none of the pornographers who was arrested ever attempted to defend
their actions with a First Amendment argument, a difference from current
understandings of legal strictures on publishing that could have been examined
at greater length.)
The most intriguing example of this
cat-and-mouse game is that of George Akarman, who in 1856 began publishing an
obscene newspaper, Venus' Miscellany, targeting a middle-class, national
readership. Where the earlier "flash" papers had been intensely local, focusing on
specific details of New York's sexual subculture,
Akarman's paper had no geographic locale in mind for
its strikingly explicit sexual tales and illustrations. The paper's most notable feature, in Dennis's
telling, are the "letters"
from "readers"
(likely written by Akarman himself) proclaiming their love for the Miscellany and testifying to its usefulness in
spicing up the sex lives of married couples; in the process, it set explicit
sex scenes in the home rather than in the street or the brothel. One
correspondent, "Maria,"
describes how, inspired by scenarios described in the Miscellany, she began a lesbian relationship
with her married neighbor, "Mrs. S." Maria's husband, far from
being put off by the news, declared that "he
must be a witness of the scene," and the episode
ends with the three characters entangled in a ménage a trois (178).
Akarman knew that his paper would
have been considered obscene even by the relatively lax New York courts. His
solution--based on a view of the American legal
system rooted in theories of federalism--was to
distribute Venus' Miscellany only through the mail, thus selling
it in every jurisdiction except New York City. Like most Americans, Dennis writes, Akarman "conceived of morals regulation, including obscenity
prosecutions, as a function of local, or perhaps state, governance..." (182). So instead of reaping profits by selling
his paper at local bookstalls and through street vendors, he tried to create a
national market for Gotham-produced pornography. He still ran afoul of the law.
In the wake of complaints from out-of-state sources (the parents of a boy who
had received Akarman's catalogue in the mail), New
York authorities arrested him twice, raiding his warehouse and seizing
thousands of sexually explicit books and prints, along with many books that
were merely "racy"
rather than obscene, or "fancy." But Akarman pressed on. Though he ceased publishing
the Miscellany
in 1857, he kept producing pornography until 1872, eventually selling his
remaining stock and stereotype plates to a young Anthony Comstock, who
destroyed them.
Filled with stories of the louche
demimonde of antebellum New York, Licentious Gotham has more than enough excerpts from
the works described to make for lively reading. (It also contains some
illustrations that are sufficiently explicit to make for some slightly awkward
sidelong glances on a crowded subway or airplane.) So besides being enormously
informative, Dennis's book is also a lot of fun to
read. But the quoted passages (and the illustrations) are not simply window
dressing, for they help Dennis clarify the distinction between works labeled "racy"--which often
featured titillating scenes of sexual activity that stopped just short of any
explicit description, thus treading the legal side of the obscenity line--and those marketed as "fancy," which were significantly more explicit and were also
more likely to be illustrated.
Some of the finer points of the distinction
Dennis draws between raciness and obscenity, however, might be questioned.
Indictments for obscenity, she writes, show that what authorities found "most offensive were often representations of female
sexual desire or sexual pleasure, usually narrated by women in the first person" (96). In suggesting an "emerging
connection between female erotic subjectivity and obscenity,"
Dennis does not sufficiently address the much larger body of sensational
antebellum writing that engages in what one critic referred to as "literary coitus interruptus."
Produced by authors like George Thompson (whom she discusses) and George
Lippard (who is not mentioned), these narratives also often featured sexually
voracious women (who are typically not satisfied by their elderly husbands) but
stopped short of the explicit description that would have made the stories
subject to prosecution as obscene. Clearly, then, it is not simply who is shown enjoying sexual activity
(or whose perspective it is narrated from) that matters from a legal
perspective, but what is being described (and, often, illustrated). Greater attention to a
wider body of sensational literature might also help highlight the ways in
which female sexual agency often resulted in violence against women. (As Dennis
notes, American erotica of the period was notable for its lack of violence,
while other sensational genres were bloody beyond belief).
This book offers relatively little
literary analysis of specific texts that will be familiar to students of literature.
The works repeatedly invoked in antebellum indictments for selling obscene
books--a sort of canon of smutty "steady
sellers"--include such largely forgotten titles
as The Curtain Drawn Up; or, The Education of Laura; The Life and Adventures of
Silas Shovewell; The
Lustful Turk; and The
Secret Habits of the Female Sex. Perhaps the only title that was regularly prosecuted as
obscene and that contemporary literary scholars will recognize is John Cleland's Memoirs of a Woman of Pleasure, better known as Fanny Hill. But for readers in any field who
are interested in the rise of the "obscene" as a literary category, and who wish to know more
about the long dance of mutual innovation between producers of pornography and those
who sought to regulate it, Licentious Gotham is essential reading.
Paul J. Erickson is Director of
Academic Programs at the American Antiquarian Society in Worcester,
Massachusetts.