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Geoffrey Troughton is a PhD candidate and lecturer in History at Massey University in Palmerston North, New Zealand. His research focuses on social and religious history in New Zealand. <g.m.troughton@massey.ac.nz>
Endnotes
* My thanks to Kerry Taylor for reading an earlier draft of this paper, and to the anonymous reviewers for Labour History.
1. For example, Margaret Thorn, Stick Out, Keep Left, [autobiography] edited by Elsie Locke and Jacquie Matthews, Auckland University Press, Auckland, 1997, p. 47; Tim McBride, The New Zealand Civil Rights Handbook, Legal Information Service, Auckland, 2001, 9/25; I.L.M. Richardson, Religion and the Law, Sweet & Maxwell, Wellington, 1962, pp. 29–31. See also, Nicolas Walter, Blasphemy Ancient & Modern, Rationalist Press Association, London, 1990, p. 63; <http://www.caslon.com.au/blasphemyprofile2.htm#newzealand>, accessed 2 November 2005.
2. Thorn's memoir wrongly claims that her husband James Thorn was prosecuted, and that he was found guilty and fined £100.
3. See Rex Ahdar, 'New Zealand and the Idea of a Christian State', in John Stenhouse and Rex Ahdar (eds), God and Government: The New Zealand Experience, University of Otago Press, Dunedin, 2004, pp. 59–76.
4. For Hale's ruling against the Surrey yeoman John Taylor, see G.D. Nokes, A History of the Crime of Blasphemy, Sweet & Maxwell, London, 1928, p. 48.
5. For example, Alain Cabantous has noted that blasphemous utterances in early modern Europe were often highly ritualised, and seldom intended to make theological points. The meanings attached to blasphemy were context-specific, and interest in the crime waxed and waned according to wider social, political and theological circumstances. Joss Marsh has emphasised the literary and linguistic dimensions of blasphemy prosecutions in nineteenth-century England. See Alain Cabantous, Blasphemy: Impious Speech in the West from the Seventeenth to the Nineteenth Century, (trans.) Eric Rauth, Columbia University Press, New York, 1998; Joss Marsh, Word Crimes: Blasphemy, Culture, and Literature in Nineteenth-Century England, University of Chicago Press, Chicago, 1998.
6. David Lawton, Blasphemy, University of Pennsylvania Press, Philadelphia, 1993.
7. Southwell had been convicted of blasphemy in Bristol in 1841, prior to immigrating to New Zealand, and continued to assist others defending similar charges. On Southwell and his conviction, see Edward Royle, Radical Politics 1790–1900: Religion and Unbelief, Longman, London, 1971, pp. 48–9; F.B. Smith, 'Southwell, Charles, 1814–1860', Dictionary of New Zealand Biography (hereafter DNZB), vol. 1, Allen & Unwin / Department of Internal Affairs, Wellington, 1990, pp. 401–2. Also, Charles Southwell, A Plain Answer to the Query, "Ought There to be a Law Against Blasphemy?", J. Taylor, Birmingham, 1842.
8. In the colonial period censorship laws were limited and fragmentary. These were consolidated and developed from the 1890s, most notably in the Offensive Publications Act 1892 and the Indecent Publications Act 1910. See Paul Christoffel, Censored: A Short History of Censorship in New Zealand, Department of Internal Affairs, Wellington, 1989, esp. pp. 3–14.
9. In 1921, there were 810 reported offences under the Police Offences Act for using 'profane, indecent or obscene language'. Of these, there were 806 arrests or summons, 784 (760 male) were summarily convicted, 22 (21 male) were dismissed, and none went to trial. In the same year there were two summary convictions for publishing obscene matter. Appendices to the Journal of the House of Representatives (hereafter AJHR), 1922, H-16, pp. 15–16.
10. See Stephen White, 'The Making of the New Zealand Criminal Code Act of 1893: A Sketch', Victoria University of Wellington Law Review, vol. 16, 1986, pp. 353–76.
11. Statutes of New Zealand, 1893, no. 56, p. 348.
12. G.W.R. Palmer, 'The Reform of the Crimes Act 1961', Victoria University of Wellington Law Review, vol. 20, 1990, p. 11.
13. Consolidated Statutes of the Dominion of New Zealand, 1908, vol. 1, p. 598. The third clause in the Criminal Code Act of 1893 had read: 'But no one is guilty of publishing a blasphemous libel for expressing in good faith and in decent language, or attempting to establish by arguments used in good faith and conveyed in decent language, any opinion whatever upon any religious subject'.
14. This trajectory is best developed in David Nash, Blasphemy in Modern Britain: 1789 to the Present, Ashgate, Aldershot, 1999.
15. See Nokes, A History of the Crime of Blasphemy, pp. 78–91, and Appendix B, pp. 147–60.
16. See Joss Lutz Marsh, '"Bibliolatry" and "Bible-Smashing": G.W. Foote, George Meredith, and the Heretic Trope of the Book', Victorian Studies, vol. 34, no. 3, 1991, pp. 315–36.
17. Nash, Blasphemy in Modern Britain, pp. 155–56.
18. Cited in Nokes, A History of the Crime of Blasphemy, p. 94.
19. For example, Marsh, Word Crimes, p. 156.
20. Despite the New Zealand law's debt to J.F. Stephen, and the fact that Stephen ultimately became an advocate for repeal of the blasphemy laws. See Nash, Blasphemy in Modern Britain, pp. 160–62.
21. Maoriland Worker, 14 December 1921; cf. Truth, 25 February 1922.
22. Cf. Maoriland Worker, 11 May 1921; Evening Post, 18 August 1921.
23. Maoriland Worker, 8 February 1922. O'Regan was in the South Island defending workers from Blackball on a charge of conducting an unlawful strike. See, P.J. O'Regan Diary, 4–14 February 1922, O'Regan Papers, 76–165–1/1, Alexander Turnbull Library, Wellington, NZ (hereafter ATL).
24. Maoriland Worker, 15 February 1922.
25. The Maori concept of 'tapu' refers to things under cultural or religious prohibition, or more generally to things held sacred.
26. Maoriland Worker, 15 February 1922.
27. O'Regan was in Greymouth attending to other legal business when he heard of the Alliance's approach. O'Regan Diary, 14 February 1922.
28. See Robin Cooke (ed.), Portrait of a Profession: The Centennial Book of the New Zealand Law Society, A.H. & A.W. Reed, Wellington, 1969, esp. p. 403; Geoffrey G. Hall, 'Findlay, John George 1862–1929', DNZB, URL: <http//www.dnzb.govt.nz>, accessed 27 September 2004.
29. He acted as President of the Wellington District Law Society in 1923. Cooke (ed.), Portrait of a Profession, pp. 159, 393.
30. Maoriland Worker, 1 March 1922.
31. This was particularly evident as Findlay's attempts to introduce evidence relating to the character and intention of both the newspaper and Sassoon himself were blocked.
32. Maoriland Worker, 1 March 1922.
33. Maoriland Worker, 1 March 1922.
34. Gazette Law Reports, 1922, vol. 185, p. 187 (hereafter GLR).
35. James Thorn, the editor, testified that he found and included the material, and that Glover never saw a word of what went into the paper. Maoriland Worker, 1 March 1922; Evening Post, 23 February 1922.
36. GLR, 1922, p. 186.
37. GLR, 1922, p. 187.
38. Maoriland Worker, 1 March 1922.
39. GLR, 1922, pp. 186–87. While the editor controlled the content of the paper, the publisher was legally liable under the first clause of s 150.
40. GLR, 1922, p. 188.
41. In 1908, a London lecturer called Henry Boulter had been arrested on account of delivering speeches that denied the existence of Christ. However, in this instance there was also a public order dimension, as Boulter had delivered thinly veiled threats to kill anyone he found to be a Christian. Nash, Blasphemy in Modern Britain, p. 181.
42. See Nash, Blasphemy in Modern Britain, pp. 167–93.
43. On the history of blasphemy in Australia, see Peter Coleman, Obscenity, Blasphemy, Sedition: 100 Years of Censorship in Australia, Angus & Robertson, Sydney, 1974, pp. 65–75.
44. Coleman, Obscenity, Blasphemy, Sedition, p. 72.
45. The article was entitled, 'Bolshevism Has Broken Out in Heaven. God Abdicates'. See Coleman, Obscenity, Blasphemy, Sedition, pp. 73–74.
46. Maoriland Worker, 19 October 1921.
47. Nash, Blasphemy in Modern Britain, p. 197.
48. Maoriland Worker, 14 December 1921.
49. Maoriland Worker, 1 March 1922.
50. On Bell, see William Downie Stewart, The Right Honourable Sir Francis H.D. Bell, P.C., G.C.M.G., K.C.: His Life and Times, Butterworth, Wellington, 1937; W.J. Gardner, 'Bell, Francis Henry Dillon 1851–1936', DNZB, URL: <http//www.dnzb.govt.nz>, accessed 2 December 2004.
51. He was elected mayor of Wellington in 1891, 1892, and 1896, and entered the House of Representatives in the 1893 general election.
52. In the 1890s, Bell had declared himself a radical and socialist, agreeing with most of the Liberals legislation. Alan Mulgan once declared that 'There was Toryism in him, but in many respects he was a Liberal. Indeed he was something of a Socialist.' Cited in Cooke (ed.), Portrait of a Profession, p. 169. Bill Gardner has described him as 'the supreme example of a tory radical in New Zealand politics'. See, Gardner, 'Bell'.
53. Gardner, 'Bell'.
54. O'Regan Diary, 31 January 1922.
55. For example, s.118 of the Crimes Act 1908.
56. See Paul Baker, King and Country Call: New Zealanders, Conscription and the Great War, Auckland University Press, Auckland, 1988.
57. In fact, this was reiterating existing legislation. New Zealand Gazette, 20 September 1915, no. 110, p. 3263.
58. See 1916 Sedition Trials: Robert Semple, Fred R. Cooke, James Thorn, Peter Fraser and Tom Brindle, Maoriland Worker, Wellington, 1917; When Labour Fought Capitalism and Sung "The Red Flag": A Pamphlet Reprinted to Recall the Stirring Days of 1916 when Robert Semple, James Thorn, Tom Brindle, Peter Fraser Stood Trial for Sedition, John A. Lee, Auckland, 1949.
59. For example, Evening Post, 3 May 1921. The New Zealand Official Yearbook, 1921–22, p. 163, listed 96 convictions for offences under War Regulations. In time, other legislation was introduced that effectively made some war regulations permanent. On this see Graeme Dunstall, A Policeman's Paradise? Policing a Stable Society 1918–1945, The History of Policing in New Zealand, vol. 4, Dunmore Press in association with the Historical Branch, Dept. of Internal Affairs, Palmerston North, 1999, pp. 256–57.
60. In Parliament, opponents of the Act highlighted the clauses dealing with seditious strikes, arguing that these were designed to limit the power of organised workers and silence contrary opinion. See New Zealand Parliamentary Debates, 1920, vol. 187, pp. 523–40.
61. These included others poems like Sassoon's 'Suicide in the Trenches', 'The March' by J.C. Squire, and Wilfred Owen's 'Dulce et Decorum Est'. Maoriland Worker, 2 November 1921.
62. Maoriland Worker, 1 March 1922.
63. H.E. Holland, Armageddon or Calvary: The Conscientious Objectors of New Zealand and the Process of their Conversion, H.E. Holland, Wellington, 1919.
64. See Stewart, The Right Honourable Sir Francis H.D. Bell, pp. 177–78.
65. See R.P. Davis, 'New Zealand Labour's "Irish Campaign", 1916–1921', Political Science, vol. 19, no. 2, 1967, pp. 13–23; R.P. Davis, Irish Issues in New Zealand Politics 1868–1922, University of Otago Press, Dunedin, 1974, pp. 205–12.
66. See Outlook, 12 December 1921.
67. Graeme Dunstall, 'Governments, the Police and the Left 1912–51', in Pat Moloney and Kerry Taylor (eds), On the Left: Essays on Socialism in New Zealand, University of Otago Press, Dunedin, 2002, p. 94.
68. Evening Post, 18 August, 1921.
69. For example, Maoriland Worker, 19 October 1921; Maoriland Worker, 2, 9 and 30 November 1921.
70. For example, Evening Post, 3 May 1921; Stewart, pp. 174–87.
71. Dunstall, Policeman's Paradise, pp. 258–59.
72. For example, Anna Green, British Capital, Antipodean Labour: Working the New Zealand Waterfront, 1915–1951, University of Otago Press, Dunedin, 2001, p. 61.
73. See New Zealand Official Yearbook, 1926, p.762. The rises followed a slight falling back during the war years, and exceeded those experienced during the significant industrial action of 1912–13.
74. On this breach see Bruce Brown, The Rise of New Zealand Labour: A History of the New Zealand Labour Party from 1916 to 1940, Price Milburn, Wellington, 1962, pp. 46–48.
75. Despite disappointments in terms of his own parliamentary aspirations, Thorn was an ardent supporter of the NZLP having worked for the Maoriland Worker since 1916. He edited the paper and its successor the New Zealand Worker between 1921 and 1932, before entering Parliament in 1935 as the Labour Member for Thames.
76. Correspondence with Karen de Malmanche, Crown Law Office, 28 August 2005.
77. Evening Post, 6 May 1921; Maoriland Worker, 11 May 1921.
78. Maoriland Worker, 5 and 12 May 1911, and 31 March 1920. This sometimes indicated rejection of Christianity in favour of an alternative religion, but the idea could also be used to affirm the Christian quality of socialist ideals.
79. For example, Maoriland Worker, 1 July 1914, and 7 April 1920.
80. Maoriland Worker, 2 November 1921.
81. Maoriland Worker, 14 December 1921.
82. Long-standing campaigns on moral issues and religious issues were visible and well co-ordinated. The battle for national prohibition championed by the evangelical churches probably reached its zenith in 1919. However, the New Zealand Alliance was still an active force in the early 1920s. The Bible-in-Schools movement lost considerable momentum during the war, but gained ground again in the early 1920s through a renewed legislative campaign.
83. The most important theses on the PPA are H.S. Moores, 'The Rise of the Protestant Political Association: Sectarianism in New Zealand During World War I', MA thesis, Department of History, University of Auckland, 1966; Max Satchell, 'Pulpit Politics: The Protestant Political Association in Dunedin from 1917 to 1922', BA (Hons) thesis, Department of History, University of Otago, 1983.
84. P.S. O'Connor, 'Sectarian Conflict in New Zealand, 1911–1920', Political Science, vol. 19, no. 1, 1967, p. 9.
85. Elliott had served in several churches in Australia, and acted as secretary of the Queensland Baptist Union between 1906 and 1909. In New Zealand, he was the pastor of Mount Eden Baptist church in Auckland from 1909 until 1917 when he left the pastorate to become full-time organiser for the Protestant Political Association of New Zealand (PPA) which he had founded.
86. Coleman, Obscenity, Blasphemy, Sedition, pp. 70–72.
87. Evening Post, 1 March 1922.
88. For example, O'Connor, 'Sectarian Conflict', pp. 3–16. There are also good arguments to suggest that political management was as important as advancing the PPA's particular causes. On this see Barry Gustafson, 'Massey, William Ferguson, 1856–1925', DNZB, URL: <http//www.dnzb.govt.nz>, accessed 1 November, 2005; Miles Fairburn, 'The Farmer's Take Over', in Keith Sinclair (ed.), The Oxford Illustrated History of New Zealand, Oxford University Press, Auckland, 1990, pp. 185–209. On Massey generally, see W.J. Gardner, 'The Rise of W.F. Massey, 1891–1912', Political Science vol. 13, no. 1, 1961, pp. 3–30; W.J. Gardner, 'W.F. Massey in Power, 1912–1925', Political Science vol. 13, no. 2, 1961, pp. 3–30; W.J. Gardner, William Massey, A.H. & A.W. Reed, Wellington, 1969.
89. P.S. O'Connor, 'Mr Massey and the P.P.A. — A Suspicion Confirmed', New Zealand Journal of Public Administration, vol. 28, no. 2, 1966, pp. 69–74, quote p. 73.
90. See Fairburn, 'The Farmer's Take Over', pp. 201–03.
91. The PPA and Reform finally parted ways in 1925 when Gordon Coates disowned them. Gardner, 'W.F. Massey in Power', p. 26; O'Connor, 'Mr Massey', pp. 73–74.
92. Maoriland Worker, 1 March 1922. See also Truth, 25 February 1922. Sassoon's comments were extracted from an edition of the Daily News (London) the previous year.
93. See Scrapbook A, Patrick Anthony Lawlor Papers, 77–067–6/01, ATL.
94. Cf. Roger Openshaw, '"A Spirit of Bolshevism": The Weitzel Case of 1921 and its Impact on the New Zealand Educational System', Political Science, vol. 33, no. 2, 1981, pp. 127–39.
95. NZ Herald, 23 February 1922; Press, 23 February 1922. The Grey River Argus, 23 February 1922 adapted this report slightly, only to erroneously suggest that Findlay had worked for the prosecution.
96. Evening Post, 23 February 1922.
97. Maoriland Worker, 1 March 1922.
98. Truth, 25 February 1922.
99. See Proceedings of the General Assembly of the Presbyterian Church of New Zealand, 1903, p. 89, which referred to gambling, impurity, and profanity as a 'trinity of evils'. Cf. A.H. Collins, How Far and Why Have the Churches Failed? A Sermon Preached in the Ponsonby Baptist Church, Sunday Morning, February 5, 1899, Wright & Jaques, Auckland, 1899, p. 9.
100. New Zealand Tablet, 5 January 1922.
101. For example, Reaper, February 1925; Reaper, April 1926.
102. On religious influences within the early labour movement, see Barry Gustafson, Labour's Path to Political Independence: The Origins and Establishment of the New Zealand Labour Party 1900–19, Auckland University Press, Auckland, 1980, pp. 120–31. See Thorn, pp. 21, 27–28, 32,
103. The King v John Glover, 1922, AAOM W3265 Box 2282 7/1922, Archives New Zealand, Wellington, NZ.
104. Maoriland Worker, 14 December 1921.
105. See Bill Cooke, '"The Best of Causes": A Critical History of the New Zealand Association of Rationalists and Humanists', PhD thesis, Victoria University of Wellington, 1998, pp.53–54; New Zealand Rationalist, vol. 1, no. 4, 1939–40, p.18.
106. John A. Lee, Socialism in New Zealand, T. Werner Laurie, London, 1938, pp.267–68.
107. Lawton, Blasphemy, p. 111.
108. See James Belich, Paradise Reforged: A History of the New Zealanders From the 1880s to the Year 2000, Allen Lane, Auckland, 2001, esp. pp. 121–25 and following chapters.
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