1859 JACKSON COUNTY JAIL- HISTORY


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THE CITY OF INDEPENDENCE'S RICH HISTORY

Independence, Missouri, lies on the south bank of the Missouri River, near the western edge of the state and a few miles east of Kansas City. Few towns its size can claim such a rich history. The Missouri and Osage Indians originally claimed the area, followed by the Spanish and a brief French tenure. It became American territory with the Louisiana Purchase in 1803.

Independence was the second settlement in Jackson County and was chosen as the county seat in 1826. From 1841 to 1849, Independence was known as the Queen City of the Trails as goods and services were provided for travelers beginning their long journey on the Santa Fe, California and Oregon trails.

In the 1840s, the cities of Independence, Westport, and Kansas City merged into the great city of Centropolis, envisioned as the dominant metropolis of the area, much like Chicago or St. Louis. Today, Westport is part of Kansas City and Independence is its largest suburb.

THE 1859 JACKSON COUNTY JAIL

The old jail was built in 1859 at the same time as the Sheriff's House. The jail has six cells down stairs, and six more up stairs. There used to be an iron staircase to the second floor. The two-foot-thick walls are made of limestone blocks, some of which are six feet long. Each cell has a grated iron door and a solid iron door. Not much light came through the iron shutters covering the windows covering the windows during the day. There was no glass so the wind could blow through.
 

At night, a kerosene lamp was lit in the hall. During the Civil War, there were as many as 20 prisoners placed in each cell. The cells are only six-by-nine-feet and are made to hold three prisoners.

  PRISONERS OVER THE YEARS

Prior to the Civil War, with the hostilities provoked by the slavery issue, marshals were confronted with keeping law and order in the midst of guerilla raids from both Kansas and Missouri. William Clark Quantrill, leader of a pro-Confederate guerilla band, was once arrested and put in the 1859 Jackson County Jail. Under influence from Quantrill's friends, he was released. The marshal claimed he had never truly arrested Quantrill but had taken him into protective custody.

When the Union garrison occupied the Jail, they demanded loyalty oaths of the citizens. Citizens who refused the loyalty oath, or refused to disclose the whereabouts of sons or father, were imprisoned in the Jail. After the 2nd battle of Independence in 1862, the cells were so packed with prisoners that there was no room to lie down.

Another famous occupant of the 1859 Jackson County Jail was Frank James, brother of Jesse James. Obviously, receiving great sympathy for his southern leanings, this famous accused bank and train robber and murderer was accorded deluxe treatment. His cell had a Brussels carpet, fine furniture and paintings. Frank was allowed to leave his cell and visit freely with other inmates. Card games were a nightly affair in James' sumptuous cell.  

Frank James was held in the Jail for the crime of murder. He was acquitted and lived the rest of his life in the area.

Prior to the Civil War, a person could be given a jail sentence for one of the following crimes: Horse racing on public streets, firing guns in town, operating a gaming house, assault and battery, disturbing the peace, disturbing a religious meeting, or building a privy "not over a pit."

  THE WAR BEFORE THE WAR

With the passage of the Kansas-Nebraska Act in 1854, Kansas, Missouri's neighbor to the west, was given the choice of entering the Union as a slave or free state. Kansas elected to be a free state. Missouri and Kansas were not good neighbors. Constant border clashes between pro-slave Missourians and free-state Kansans brought war to Jackson County five years before the official declaration in 1861.

The burning of homes, looting of property and retaliatory killing of slavery supporters and abolitionists caused indescribable suffering to the average Jackson County citizen. Priscilla Jackson Evans wrote, "It was in this environment that the old Jail was built. Never was a building more symbolic of a community's desperate attempt to control disorder and violence, and of its attitude toward those who acted outside the law."

In 1861, a Union garrison occupied the old Jail, using it as a headquarters for the Provost Marshal. Southern sympathies were strong in Eastern Jackson County. Any citizen who voiced those sympathies could expect to spend time in the Jail.

In Jackson County, the Battles of Independence and Lone Jack in 1862 ended in Confederate victories. The state of Missouri was held in the union by military force even though the elected Governor and legislators had voted to secede from the Union. In Jackson County old grudges erupted between families and neighbor turned against neighbor. Women and children were arrested and placed in the 1859 Jail now under the command of the Union Provost Marshals nicknamed the “Little Gods” for the power they had over the population.

When the Jail overflowed with the residents of Jackson County, other buildings were used as jails. One of those buildings collapsed and several young girls were killed. Historians believe that this action would help motivate Quantrill's raid on Lawrence, Kansas in 1863.
 

The attacks across the Missouri-Kansas border continued. As the guerilla raids increased, Union forces determined to rid the area of guerrillas by depopulating the border counties so the raiders would have no sanctuary. For General Ewing the last straw was Quantrill's raid on Lawrence, Kansas on August 19, 1863. He believed that southern sympathizers were harboring the raiders.

ORDER NUMBER 11

On August 25, 1863, Union General Thomas Ewing issues the now infamous Order Number 11, placing all outlying areas of Jackson, Bates and Cass counties under martial law. All residents in these counties had to prove their allegiance to the Union by signing a loyalty oath.

  Those remaining loyal to the Confederacy were given 15 days to leave the area. They could move to temporary military station sanctuaries in Missouri, or they could move to Kansas. The order was strictly enforced. More than 20,000 people were forced to leave their homes. Homes, crops, and livestock were destroyed or confiscated. Many families moved back to their homes in Tennessee and Kentucky to wait out the war.

The enforcement of this order resulted in terrible hardships for the residents, many women and children had to walk to Texas or Kentucky. Some people were shot down in the act of obeying the order, both Union and Southern families alike. Many families never returned to Jackson County after the war. Others who refused the alternatives were incarcerated in the Jail, with as many as 20 people in a cell. Independence virtually became a refugee camp.

George Caleb Bingham, famed Missouri artist and statesman, vented his rage at the treatment of citizens with his rendition of "Martial Law" or "Order Number 11," painted while he was a resident of Independence. The painting shows General Ewing driving a family from their home. Bingham had been an outspoken critique of border wars but believed the solution Ewing sought was terribly unfair.

He later produced an engraving of the painting and sold signed, numbered copies of “Martial Law.” One of his signed proofs is on display at the 1859 Jail, Marshal’s Home and Museum. Reproductions are available for sale. Copies of this painting were widely distributed and were instrumental in General Ewing's defeat when he ran for governor of Ohio, after the war.

AFTER THE WAR

Decades after the war ended in Missouri, the citizens of Jackson county felt the lingering bitterness and uncertainty of that great conflict. Out of these tumultuous times rode Missouri’s most notorious outlaws. Outlaws like the James boys and Youngers used the remaining animosities from the outrages of the war to stay a step ahead of the law for nearly twenty years.

In the spring of 1882, Jesse James was murdered. His older brother, Frank, began negotiations with the Missouri governor to surrender because he feared assassination. Frank James spent almost six months in the Jackson County limestone jail before his acquittal on murder charges.

THE 1903 JAIL EXPANSION

The need for additional prison space in 1900 necessitated the addition of a two story brick building directly behind the limestone Jail. This was designed to house minimum-security prisoners and was finished in 1903. Many of these prisoners made up the "chain gangs" that worked on nearby roads and other public projects (like building sewers).

They left six days a week at sunrise and returned at sunset. One inmate spent a year on the chain gang for stealing a cow.One can only imagine the sight of a group of such men working under the scrutiny of the ever-vigilant deputies. This addition now comprises the Museum exhibit area.

   

TIMELINE OF THE JAIL

1827   Independence platted and lot number two set aside for the Jail: first sheriff was Joseph Walker, mountain man and explorer
     
1841   Second Jail built; Porter Rockwell held.
     
1859   New Jail replaces second structure: Marshal's residence is attached to the new facility.
     
1861   Civil War began; Jail used periodically by Union troops as headquarters during the war.
     
1862   Jail under attack during the first Battle of Independence.
     
1863   Order Number 11; Jail holds as many as 20 prisoners to a cell.
     
1864   Price's Raid
     
1866   Jailer Henry Bugler shot. The Rev. A.H. Dean is jailed. George Caleb Bingham paints his portrait.
     
1881   Bill Ryan - a James gang member - held at Jail for trial.
     
1882   Frank James surrenders and is incarcerated at 1859 Jail.
     
1880s   Mother Mary Jerome Shubrick works at Jail and heralds prison reform in Missouri.
     
1890   Chain gangs leaving Jail to work on county roads are a common sight.
     
1903   Additional brick facility added to rear of Jail
     
1920   Jail closed by Judge Latshaw for inadequate facilities.
     
1921   Jail reopened on technicality.
     
1933   Jail use terminated and building used for regional relief services (WPA - Works Progress Administration) during the Depression.
     
1945   American legion proposes to take over building for headquarters.
     
1959   Jackson County Historical Society acquires and begins to restore Jail.

VISIT THE 1859 JACKSON COUNTY JAIL MUSEUM

The jail is now operated as a museum by the Jackson County Historical Society and is located in Independence Square at 217 N. Main Street. Both the jail and the Marshal’s Home have been painstakingly restored. You can see the Marshal’s home from Main Street, but the two-story limestone jail and the 1903 chain gang jail joins the rear of the home.

From March through October, you can take a self-guided tour of the jail and museum for a first hand look at frontier justice, and then tour the beautifully decorated home where the wife and children of the marshal lived. Guided tours are available upon request in advance. This historic site is well worth you time. Visit the 1859 Jackson County Jail Museum website by
clicking here.
 

Recently a movie called "Shiloh Sharps" shot some scenes at the 1859 Jackson County Jail Museum, in order to take advantage of some of the most authentic looking "set pieces" you could even find or build. Why design and build something artificial when you can shoot parts of your film in the real thing?

-Mark Stinson


Note: Some of the written materials and images on the History and Background pages came from the following sources:
The Jackson County Historical Society, Legends of America, The Examiner, Ghosts of the Prairie, and Missouri Haunts...as well as interviews with Lindsey Gaston of the museum staff.


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