The history of market regulations provides an important perspective on the gendering of systems of food within the evolution of urban economies. This article addresses an important and distinctive period in this process, when New York shifted away from colonial and English-derived institutions in the first four decades of the nineteenth century. The legal status of women was unsettled during this time, introducing uncertainty into women's economic activities. New York City's public marketplaces were carefully regulated through a network of ancient and sometimes arcane laws that inscribed particular activities within well-defined spaces while prohibiting them elsewhere. While these laws were derived from traditional English practices, enforcement was becoming increasingly legalistic rather than customary. While these market laws did not specifically invoke gender, they produced a system that was less navigable to women due to their problematic status as legal subjects. Because the system's navigability differed by commodity, these laws significantly shaped the gendered identity of foodstuffs, such as meat and fruit. Carefully delineating these legal constructions allows us to better understand how women navigated the real and conceptual spaces of the food system, and to see how the changing legal realities of New York impinged on women's employment.
Atlantic Monthly, 1865. Needle and garden: the story of a seamstress who laid down her needle and became a strawberry girl. Atlantic Monthly, 16, pp. 87–96.
2.
BarkerH., 2006. The Business of Women: Female Enterprise and Urban Development in Northern England, 1760–1830.Oxford: Oxford University Press.
3.
BaschN., 1979. Invisible women: the legal fiction of marital unity in nineteenth-century America. Feminist Studies5(2), pp. 346–366.
4.
BealT., 1998. Selling Gotham: The Retail Trade in New York City from the Public Market to Alexander T. Stewart's Marble Palace, 1625–1860.Stony Brook: SUNY Press.
5.
BlackstoneW., 1772. Commentaries on the Laws of England.Oxford: Clarendon Press.
6.
BridgesW., 1811. Map of the City of New York and Island of Manhattan with Explanatory Remarks and References.New York: William Bridges.
7.
BurnetteJ., 2008. Gender, Work and Mages in Industrial Revolution Britain.Cambridge: Cambridge University Press.
8.
City of New York, 1845. By-Laws and Ordinances of the Mayor, Aldermen, and Commonalty of the City of New-York, 1845.New York: John S. Voorhies.
9.
CohenN., 2010. How great cities are fed revisited. Fordham Environmental Law Review, 22(691), pp. 17–36.
10.
CrowstonC., 2008. Women, gender and guilds in early modern Europe: an overview of recent research. International Review of Social History, 53(S16), pp. 19–44.
11.
DaneN., 1823. General Abridgement and Digest of American Law.Boston: Cummings, Hilliard and Co.
12.
DavidoffL., and HallC., 1988. Family Fortunes: Men and Women of the English Middle Class, 1780–1850.London: Hutchinson.
13.
DayM., 1977 [1825]. New York Street Cries in Rhyme: Facsimile of the ‘Copyright 1825’ Edition.New York: Dover Publications.
14.
De VoeT.F., 1862. The Market Book: Containing a Historical Account of the Public Markets in the Cities of New York, Boston, Philadelphia, and Brooklyn.New York: printed for the author.
15.
De VoeT.F., 1866. Abbatoirs. In Annual Report of the American Institute, of the City of New York for the Years 1865–1866.Albany: Wendell.
16.
EatonT., 1813. Review of New York, or Rambles Through the City.New York: John Low.
17.
EichholzA., 2004 [1989]. Red Book: American State, County, and Town Sources.Provo: Ancestry Publishing.
18.
EricksonA., 2008. Married women's occupations in eighteenth-century London. Continuity and Change, 23(2), pp. 267–307.
19.
FernandezA., 2013. Tapping Reeve, Nathan Dane, and James Kent: three fading federalists on marital unity. In StrettonT., and KesselringK., eds. Married Women and the Law: Coverture in England and the Common Law World.Montreal: McGill-Queen's University Press.
20.
FisherJ., 2012. Feeding the Million: Markets, Metabolism, and the Transformation of the Food System in New York City, 1800–1860.PhD. State College: Department of Geography, Pennsylvania State University.
21.
FreidbergS., 2004. French Beans and Food Scares: Culture and Commerce in an Anxious Age.Oxford: Oxford University Press.
22.
GraddyK., 2006. Markets: the Fulton Fish Market. Journal of Economic Perspectives, 20(2), pp. 207–220.
23.
GreenbergJ., 2008. Advocating the Man: Masculinity, Organized Labor, and the Household in New York, 1800–1840.New York: Columbia University Press.
24.
GreeneA., 1837. A Glance at New York.New York: A. Greene.
25.
GundersonJ., and GampelG., 1982. Married women's legal status in eighteenth-century New York and Virginia. William and Mary Quarterly, 39(1), pp. 114–134.
26.
HallC., 1992. White Male and Middle Class: Explanations in Feminism and History.New York: Routledge.
27.
HardieJ., 1827. The Description of the City of New York.New York: Samuel Marks.
28.
Hartigan-O'ConnorE., 2009. The Ties that Buy: Women and Commerce in Revolutionary America.Philadelphia: University of Pennsylvania Press.
29.
HertellT., 1839. Remarks Comprising in Substance Judge Hertell's Argument in the House of Assembly of the State of New-York, in the Session of 1857, in Support of the Bill to Restore to Married Women “The Right of Property” as Guaranteed by the Constitution of this State.New York: Henry Durrell.
30.
HuntM., 1996. The Middling Sort: Commerce, Gender, and the Family in England, 1680–1780.Berkeley: University of California Press.
31.
ImbertA., 1833. The Ground Plan of the Thirteen Markets in the City of New York.Map. New York: City of New York Market Committee.
32.
InnessS., ed., 2001. Cooking Lessons: The Politics of Gender and Food.Lanham: Rowman & Littlefield.
33.
LandesJ., 1988. Women and the Public Sphere in the Age of the French Revolution.Ithaca: Cornell University Press.
34.
Laws and Ordinances, Made and Established by the Mayor, Aldermen & Commonalty of the City of New-York, In Common Council Convened, A.D. 1833–1834, 1834. New York: Peter Van Pelt.
35.
LemonJ., 1996. Liberal Dreams and Nature's Limits: Great Cities of North America Since 1600.Oxford: Oxford University Press.
36.
LongworthT., 1812. Longworth's American Almanac: New-York Register and City Directory, 1812.New York: Thomas Longworth.
37.
LongworthT., 1834. Longworth's American Almanac: New-York Register and City Directory, 1854.New York: Thomas Longworth.
38.
Married Women's Property Act of 1848, 1848. Chapter 200. New York: New York Laws.
39.
MayhewH., 1968 [1851]. London Labour and the London Poor: A Cyclopaedia of the Conditions and Earnings of Those That Will Work, Those That Cannot Work, and Those That Will Not Work.New York: Dover.
40.
McCluskeyM., 2005. Deconstructing the state-market divide. In FinemanM.A., and DoughertyT., eds. Feminism Confronts Homo Economicus.Ithaca: Cornell University Press.
41.
McGeevorS., 2014. How well did the nineteenth century census record women's ‘regular’ employment in England and Wales? A case study in Hertfordshire in 1851. The History of the Family, 19(4), pp. 489–512.
42.
McIntoshM., 2005. The benefits and drawbacks of feme sole status in England, 1300–1630. Journal of British Studies, 44(3), pp. 410–438.
43.
MilneC., 2002. On the grounds of the fresh water pond: the free-black community at Five Points, 1810–1834. International Journal of Historical Archaeology, 6(2), pp. 127–142.
44.
Minutes of the Common Council of the City of New York, 1784–1831, 1917. New York: City of New York.
45.
MontenachA., 2013. Legal trade and black markets: food trades in Lyon in the late seventeenth and early eighteenth centuries. In SimontonD., and MontenachA., eds. Female Agency in the Urban Economy: Gender in European Towns, 1640–1850.New York: Routledge.
46.
MooreL., 2013. Women and property litigation in seventeenth-century England and North America. In StrettonT., and KesselringK., eds. Married Women and the Law: Coverture in England and the Common Law World.Montreal: McGill Queen's University Press.
47.
New York Cries in Rhyme, 1812. New York: Mahlon Day.
48.
NovakW., 1996. The People's Welfare: Law and Regulation in Nineteenth-Century America.Chapel Hill: University of North Carolina Press.
49.
OgilvieS., 2003. A Bitter Living: Women, Markets, and Social Capital in Early Modern Germany.Oxford: Oxford University Press.
50.
OlsenF.E., 1983. The family and the market: a study of ideology and legal reform. Harvard Law Review, 96(7), pp. 1497–1560.
51.
OsgoodF., 1846. Cries of New York with Fifteen Illustrations.New York: John Dogget, Jr.
52.
ParkinK., 2003. Food is Love: Food Advertising and Gender Roles in Modern America.Philadelphia: University of Pennsylvania Press.
53.
PhillipsN., 2006. Women in Business, 1700–1850.Woodbridge: Boydell Press.
54.
RabkinP., 1975. The origins of law reform: the social significance of the nineteenth-century codification movement and its contribution to the passage of the early married women's property acts. Buffalo Law Review, 24(3), pp. 683–760.
55.
RobinsonS., 1854. Hot Corn: Life Scenes in New York Illustrated.New York: DeWitt and Davenport.
56.
RockH., 1989. The New York City Artisan, 1789–1825.Albany: State University of New York Press.
57.
Rose-RedwoodR., 2006. Governmentality, the Grid, and the Beginnings of a Critical Spatial History of the Geo-Coded World.PhD thesis. State College: Department of Geography, Pennsylvania State University.
58.
SalmonM., 1986. Women and the Law of Property in Early America.Chapel Hill: University of North Carolina Press.
59.
SchmidtA., 2009. Women and guilds: corporations and female labour market participation in early modern Holland. Gender & History, 21(1), pp. 170–189.
60.
SchmidtA., and van Nederveen MeerkerkE., 2012. Reconsidering the ‘first male-breadwinner economy’: women's labor force participation in the Netherlands 1600–1900. Feminist Economics, 18(4), pp. 69–96.
61.
SimontonD., 1998. A History of European Women's Work: 1700 to Present.London: Routledge.
62.
SpethL., 1982. The married women's property acts, 1839–1865. In WeisbergD., ed. Women and the Law: A Social Historical Perspective.Cambridge: Schenkman.
63.
StantonE., 1881. History of Woman Suffrage.New York: Fowler & Wells.
64.
StrettonT., and KesselringK., 2013. Married Women and the Law: Coverture in England and the Common Law World.Montreal: McGill Queen's University Press.
65.
TangiresH., 2003. Public Markets and Civic Culture in Nineteenth-Century America.Baltimore: Johns Hopkins University Press.
66.
Thomas De Voe Papers, 1837–1885. New-York Historical Society Mss. Collection. New-York Historical Society, New York.
67.
ThompsonE., 1971. The moral economy of the English crowd in the eighteenth century. Past & Present, 50(1), pp. 76–136.
68.
TillyL., and ScottJ., 1978. Women Work and Family.New York: Holt Rinehart and Winston.
69.
TuckerS., 1803. Blackstone's Commentaries: With Notes of Reference to the Constitution and Laws, of the Federal Government of the United States, and of the Commonwealth of Virginia.Philadelphia: Birch and Small.
70.
Van den HeuvelD., 2008. Partners in marriage and business? Guilds and the family economy in urban food markets in the Dutch Republic. Continuity and Change, 23(2), pp. 217–236.
71.
Van den HeuvelD., 2013. Guilds, gender policies and economic opportunities for women in early modern Dutch towns. In SimontonD., and MontenachA., eds. Female Agency in the Urban Economy: Gender in European Towns, 1640–1830.New York: Routledge, pp. 116–133.
72.
Van den HeuvelD., 2015. Policing peddlers: the prosecution of illegal street trade in eighteenth-century Dutch towns. The Historical Journal, 58(2), pp. 367–392.
73.
WoodS., 1814. The Cries of New-York.New York: Samuel Wood.
74.
WortmanM., ed., 1985. Women in American Law.New York: Holmes & Meier.
75.
ZagarriR., 2006. Revolutionary Backlash: Women and Politics in the Early American Republic.Philadelphia: University of Pennsylvania Press.
76.
ZakimM., 2003. Ready-Made Democracy.Chicago: University of Chicago Press.
