Thou Shalt Not...Seedspill?"

Colonial law books governing the morality of sex are vast to say the least. Early Puritan leaders were instrumental in establishing a codified system of laws that governed sexual morality, and provided a guideline of what was considered "acceptable" and what was considered "immoral." Along with these laws were the specific punishments that accompanied a particular "immoral" act. For example, bestiality and homosexuality were punishable by death. In fact, the first recorded execution in Massachusetts is that of a young man that was charged with "carnal lust" with animals.

One of the interesting laws that governed sexual practice in colonial America was that of "seed spilling." In Massachusetts, the practice of masturbation was severely condemned by the clergy. The law was inspired by the Biblical precedent in Genesis 38:9, which states, "And Onan knew that the seed should not be his; and it came to pass, when he went in unto his brother's wife, that he spilled it on the ground, least he should give seed to his brother." The subsequent verse then mentions god's wrath and how Onan lost his life for such a practice.

Citizens of the various colonies were encouraged to report the practice of "seed spilling" --which included a number of different sex acts but primarily dealt with masturbation -- wherever such cases were discovered. The initial punishment in Massachusetts for such a crime was death, following the Biblical precedent. The punishment was changed, however, in the latter parts of the 17th century to be "Four hours in the stocks."

The reason I bring up this law is because it illustrates an important aspect of American colonial society. Sexual deviance, though common in America throughout the colonial period, carried a strong religious condemnation that was very real for many people. Just look at the case of Joseph Moody. In the William and Mary Quarterly, Vol. 60, No. 1, historian Brian Carroll discusses how religious beliefs regarding sex impacted colonial society. In Moody's diary are written the following entries:

Thurs. [July] 19 [1722 ]. This morning I got up pretty late. I defiled myself, though wide awake. Where will my unbridled lust lead me? I have promised myself now for a year and a half that I would seek after God, but now I am perhaps farther away from him than ever before.

Mon. [April] 13 [1724 ]. Pretty Cold; wind from N. W. to S. fine weather. . . . I dined with the doctor and schoolmaster Abbott. Then with the doctor I called on Captain and Ensign Allen. I stayed up with my love not without pleasure, but I indulged my desire too freely, and at night the semen flowed from me abundantly.

The overwhelming sense of guilt that plagued Moody's soul gives us valuable insight into the moral mindset of colonial America. Even if sexual promiscuity was a common occurrence (and it most certainly was in colonial America), there were others who felt deeply about god's moral judgments that awaited them in the life to come.

Congress Passes the Tory Act.

On this day in 1776, the Continental Congress passed the infamous (but often forgotten) Tory Act. The act was designed to reveal with citizens, particularly those of prominence, still remained loyal to Great Britain and King George III. The bill also called for the disarming of any and all citizens loyal to the British crown, and even suggested that individuals of "particular prominence" be imprisoned (which is what happened to Benjamin Franklin's son William).

The History Channel's website has an interesting article on the Tory Act. Here is a segment of some of the more important parts:

The act called on colonial committees to indoctrinate those "honest and well-meaning, but uninformed people" by enlightening them as to the "origin, nature and extent of the present controversy.” The Congress remained “fully persuaded that the more our right to the enjoyment of our ancient liberties and privileges is examined, the more just and necessary our present opposition to ministerial tyranny will appear.”

The lengths Congress and lesser colonial bodies would go to in order to repress Loyalists took a darker tone later in the act. Listing examples of the “execrable barbarity with which this unhappy war has been conducted on the part of our enemies,” Congress vowed to act “whenever retaliation may be necessary” although it might prove a “disagreeable task.”

In the face of such hostility, some Loyalists chose not to remain in the American colonies. During the war, between 60,000 and 70,000 free persons and 20,000 slaves abandoned the rebellious 13 colonies for other destinations within the British empire. The Revolution effectively created two countries: Patriots formed the new United States, while fleeing Loyalists populated Canada.

The hectic nature of the colonies in 1776 reveals just how polarizing the revolution had become. With thousands of colonials fleeing for "safer" ground, one can gain a sense of how the revolution created extreme apprehension and fear for the average citizen. After all, nobody was sure how this was going to turn out. It's only natural that some would seek to remain loyal or flee for safety.

Joseph Reed and the New Year's Mutiny

On this day in 1781, 1,500 soldiers from the Pennsylvania Line--all 11 regiments under General Anthony Wayne’s command--insisted that their three-year enlistments had expired, killed three officers in a drunken rage and abandoned the Continental Army’s winter camp at Morristown, New Jersey. It was the largest collective mutiny of the war. There is little doubt that much of the cause for mutiny rested with the fact that Morristown had been an extremely harsh winter camp.

The soldiers made their way to Philadelphia, where they hoped to be able to negotiate a deal with Congress. In the end, Congressional President Joseph Reed granted roughly 200 of the men their discharges, while the others were given furloughs.

Though it may seem idiotic that Reed and Congress took no disciplinary actions against the men, we should remember that their actions probably saved the Colonial Army from completely disintegrating. Reed's decision to "give in" to the mutineers was not only extremely wise but extremely essential. The winter of 1781 was no time for argument. Reed's decision was one of those rare moments that is often forgotten in history.

Book Review: Rape and Sexual Power in Early America

Having worked in law enforcement for a few years, I have always maintained an interest in the criminal world. One of my favorite aspects of history has to do with the evolution, interpretation and punishment of crime throughout the years. Unfortunately, not much is written on the topic. Sharon Block's "Rape & Sexual Power in Early America" is one of those rare scholarly insights into a topic that is often forgotten or not talked about for obvious reasons. I admire Block because she realizes that hiding from a problem or pretending that there are insufficient resources to make a historical study of sexual crime is foolish. The fact is that there IS information and there ARE sources available to us on this and other criminal issues of the past. Block takes an in-depth look at how sexuality (in particular criminal sex) has changed over the years. In the colonial era, Block makes the important point that consensual sex (meaning what we in the modern society think of as two consenting adult participants), was much different in colonial America. For example, Block points out that consent was rarely if ever an issue in colonial America simply because it was believed that women would always refuse intercourse. In essence, the phrase "No means no" did not deter colonial men who believed that "No means pursue me harder."

Issues like the ones brought up by Block are difficult to discuss, but they are imperative to any historical inquiry. Understanding the criminal aspects of a society, along with what a particular society deemed to be acceptable and unacceptable behavior, can tell a lot about a people. For her efforts (and because the book is very entertaining), Block gets an A.