Gender & Identity in 19th-Century America

Jane Anderson perplexes Cincinnati, 1858

Editors in Cincinnati, Ohio, had some interesting reactions when Jane Anderson was arrested for wearing men’s clothing in 1858. Two newspapers attacked the authorities for stepping outside the law and for being unsympathetic to the difficulties faced by poverty-stricken women.

There also were the usual tropes. Editors gave descriptions of Anderson, who made a “handsome” young man; at the beginning there was a hint of the stereotypical young woman led astray by a vile seducer; there is the interview with an individual cheerfully unrepentant at wearing clothing associated with another gender.

The two Andersons were arrested on Sunday, 5 December 1858, suspected of being part of a gang of thieves.

A very handsome and genteel dressed young man. Cincinnati Commercial Tribune [Cincinnati, Ohio] 6 December 1858; p. 2.

A very handsome and genteel dressed young man—to all appearances—was arrested yesterday evening, at a boarding-house, on Front street, between Race and Elm, under supposition of being connected with a gang of thieves. Arriving at the Pearl-street Station-house, the young man confessed that he was not a young man, but a—girl! Some time ago a reward was offered by a gentleman living in one of the small towns of Northern Illinois for the arrest of his daughter, who had fled with a young man as his mistress. The girl taken into custody by the officers in a measure answered the description. Whether she is or is not the girl, remains to be shown.

By the next day, it had become clear that Anderson had not followed a seducer; the writer for the Commercial Tribune does, however, give us a detailed description of Anderson’s wardrobe and presents Anderson as a plucky individual bearing up under difficult circumstances.

“The Adventures of a Masculine Girl.” Cincinnati Commercial Tribune [Cincinnati, Ohio] 7 December 1858; p. 3.

We yesterday mentioned the arrest of a young girl in boy’s clothes, at a boarding house on Front street, the afternoon previous, upon suspicion of her being connected with a gang of thieves. She was in company with a young man apparently about a couple of years older, and the pair were yesterday morning taken before the Police Judge, who remanded them for further examination until to-day. From a letter found in possession of the girl, it was ascertained that their names are Joseph and Jane Anderson, and that their parents reside in Buffalo. She was dressed in a light cloth coat, silk vest, black pantaloons, boots, a black silk neckerchief tied around her neck, and a natty little cap set jauntily upon her head, the hair, a chesnut brown, with a most interesting wave, being cut moderately short. She is rather tall for a feminine, extremely well formed, and became her disguise remarkably well, the make-up being that of a handsome boy. After she was consigned to her cage in the female department of the watch-house, we visited her, and although she was at first sulky and taciturn, we managed by a few well timed compliments, which her woman’s nature could not resist, to unseal her tongue, when we gleaned the following:

She was born in Rochester, N. Y., but removed afterwards with her family to Buffalo. The young man found in her company is her half brother, his mother having died, when the father married again, and Jane was the fruit of the second nuptials. As she grew up, home became disagreeable, and being, moreover, of a roving disposition, she, with the connivance of her brother, at the age of 15 years donned the masculine apparel, and together they started to seek their fortune. Since then she has traveled throughout the Eastern States, and the British Provinces, with her brother always for a companion. The greater part of the time she was employed as cabin boy upon one or another of the Lake steamboats, but as the winter has closed that source of employment, about a week ago the singular pair turned their faces to the Southwest, with the intention of trying the quality of our river steamers.—Shortly after they arrived, they were spotted by the Police and arrested, after being in the city only a couple of days, upon suspicion of belonging to a band of burglars and thieves, known to be organized in the city.

Jane was innocent of the true cause of the arrest, and hence is under the impres[s]ion that she has been taken into custody in consequence of illegally appropriating to herself the unmentionables.

“I’ve been wearing boy’s clothes ever since I was fifteen, and now I’m eighteen years of age,” said she, “and nobody ever found me out before.”

“And how did they happen to suspect you?” we asked.

“Well, I suppose it is because they have some mighty wise men here. They must have either very sharp eyes or keen noses.”

“Do you prefer a boy’s dress to that of a girl?”

“Of course I do, or I shouldn’t choose it. I can get through the world better in it.”

“The probability is, that they’ll compel you to dress like one of your sex.”

“Well,” said she, “if they do, they will have to buy them for me, and at any rate they need not get me hoops, for I shouldn’t know how to wear ’em;” and deeming that she had given us quite sufficient information, she stretched herself upon the bench, face downward, which we acted upon as a significant hint to depart.

Still, the Tribune hedged its bets about the Andersons’ relationship. And Judge Pruden began to have difficulty making a decision.

“The Girl with Boyish Proclivities.” Cincinnati Commercial Tribune [Cincinnati, Ohio] 8 December 1858; p. 2.

Jane Anderson, the girl in masculine apparel, a brief outline of whose adventures for the past three years we gave yesterday, was again brought before the Police Judge and remanded until this morning. His honor is somewhat puzzled as to the manner in which he shall dispose of the case. There is strong suspicion that she is connected with a party of thieves, and has assumed the pantaloons as more convenient than petticoats. That she has traveled in some capacity upon Lake Erie, is evident in the fact of her being well posted in the boats, names of captains, &c. She claims to be thoroughly virtuous, and flashes up very indignantly at any expressed suspicion to the contrary. The young man, who passes for her half brother, tells the same story with herself; he too, is in custody, and for the time being will probably be disposed of with his sister to day. [sic]

Trouble for the judicial authorities began with Judge Pruden freeing the half-brother, but keeping Anderson in custody because he deemed it immoral that Anderson dressed in men’s clothing.

“Disposal of the Masquerading Girl.” Cincinnati Commercial Tribune [Cincinnati, Ohio] 9 December 1858; p. 4.

Jane Anderson, the girl in boy’s attire, whose case we have before alluded to, was yesterday sent for safe keeping to the city prison. The Police Judge was somewhat puzzled as to the disposal he could make of her, and the probability is that, had she been clad in feminine apparel, he would have given her a carte blanche to go where she pleased; but he could not reconcile it to his conscience to turn her loose disguised in the unmentionables. She wept bitterly as she was taken out of Court, and remarked, after she was domiciled in the vagrant depot upon the other side of the way, that this was a pretty land of liberty, where a poor girl is not allowed to get a living in an honest way. Since taken into custody, she has been recognized by the master of a boat that she assisted to unload, a week since, at New Richmond. He states that she was one of the most active and hardest working hands in the crew, and, to the last, he appeared skeptical as to her being a girl. She assigns as her only motive in discarding the dress and manners of her sex, and counterfeiting the masculine gender, the superb facilities it affords her in earning a living and getting through the world. “As a girl,” says she, “I must either starve, or, perhaps, do worse; whereas a boy can work his way to any part of the world.” There is an over dose of truth in this, and it is a subject worthy the consideration of those who affect to feel an interest in that most to be pitied class of the community—the poor and friendless young female. The brother of the girl, against whom there was no substantial charge, was set at liberty.

The Cincinnati Times (unavailable to me) had more details—and no apparent sympathy for Anderson, as recorded in a reprint.

“More About the Female Boy at Cincinnati.” Cincinnati Times [Cincinnati, Ohio]; reprinted in Buffalo Daily Republic [Buffalo, New York] 16 December 1858; p. 2.

The case of Joseph Anderson and his sister Jane, has elicited quite an interest at the Police Court. Jane, it will be remembered, was arrested in boy’s clothes, which she says she has worn for three years. The object, she alleges, was that she might be with her brother all the time. The first impression created was that they were thieves, in no ways related to each other, and that the girl had assumed this disguise to better carry on the business. The police are satisfied, however, that such is not the case. Jane seems really to be the sister of Joseph, and the whole object of her assuming male attire was that she might be constantly with her brother.

They appear to be very fond of each other.—Jane is a boy in all her actions. Her walk is perfectly masculine, and she talks and acts precisely as a boy, used to the rough society of watermen, would. She seems to have lost all sense of her sex, and only responds when addressed as a boy. They came to this city from Lake Erie, about two weeks ago. They immediately engaged with Mr. B. Jackson, as laborers, to assist in raising a coal boat, near New Richmond.—They went up with a number of other laborers, and worked faithfully for five days.

They were remarkably well behaved, drinking no liquor, and using no bad language. Jane, who, be it remembered, is a girl of eighteen years, and rather delicately formed, performed all the duties of a common laborer, and very satisfactorily to her employer. Her sex was not suspected by her comrades. They returned to the city, and were about entering upon another engagement when they were arrested. The fact that a girl of fifteen assumed male attire, and performed regularly, for three years, the work of a common laborer, that she might be with her brother, is certainly a rare novelty.

The parties were before Judge Pruden this morning for final disposition. Joseph was discharged. Judge Pruden said he could not permit Jane to run at large in male attire, and he would therefore sentence her to the City Prison for ten days. He hoped by that time she would be willing to appear in her own character. On the passage of the sentence, Jane, for the first time during her imprisonment, burst into tears. She seemed to be agonized at parting with her brother. Altogether, it is a singular and very curious case.—Cincinnati Times.

Oh, yes, trouble for the authorities. Editors began to use the decision to convict the judicial system of stepping beyond the boundaries of the law. Words like “oppression” and “tyranny” were flung about.

“Oppression in Office.” Cincinnati Commercial Tribune [Cincinnati, Ohio] 10 December 1858; p. 1.

As appears by reports of the doings at the Police Court, the Judge of that tribunal has sentenced a young woman to imprisonment in the City Prison, for the offense of wearing the apparel of a boy. There is no proof that she has been guilty of any other censurable act, or exhibited any wantonness or impropriety of deportment. On the contrary, it was shown that she sought employment as a man and performed it faithfully; and all the surrounding circumstances indicate the truth of her own declarations, that she chose the male costume because it afforded her a safer and surer way to obtain a livelihood. We have been several times asked, by persons who felt outraged at the petty tyranny that has been practised upon a friendless girl in this affair, whether there is any law which renders the wearing of male apparel by a female a punishable offense. There is none. The wearing of petticoats or pantaloons, according to sex, is not a matter, as yet, proscribed by statute; and by sending this girl to prison—and such a prison—the Police Judge has been guilty of an act of oppression, in point of law, as indefensible, as, by every sentiment of humanity, it is cowardly. Instead of being punished, she ought to have been commended, as every man or woman with a particle of sympathy in their bosoms will admit.

The remark of this young woman, “As a girl, I must either starve or do worse,” tells a fearful truth. There are hundreds of women in this city—women as chaste in their feelings and sentiments as those who sit in our churches or adorm our drawing rooms—before whom is placed the horrible alternative—prostitution or starvation. They are forced to hold that relation with the other sex which is inconsistent with the accepted laws of morality, or die. A gentleman or lady, whose conscience is kept in a state of wholesome activity by delicate food and sumptuous apartments, could advise them to die; but to die by starvation—even to go for one day without food—is much easier to contemplate than to endure.

This act of the Police Judge is a type of a species of legal tyranny that is growing up among us, under the auspices of our city government. Once the functions of Mayor, Court and Police were supposed to be confined to the business of arresting and punishing offenders against the law, and preserving the peace of the city. Now, however, these are subordinate affairs. Our Mayor enlists his energies in a personal crusade against Sunday omnibuses. He sends forth his police, to become a general “smelling committee,” to discover and report which of the females of the city may properly be catalogued under the sweeping title of Prostitutes. And the Judge of the Police Court not to be behind in this precious crusade against private immorality, picks up a poor girl, guilty of nothing but trying to support herself in an honest way, and wearing such clothes as were necessary for the purpose, and sentences her to be shut up in a den with a vile crew of prostitutes, to mend her manners.—There is an old proverb, “Let the Cobbler stick to his last,” which these gentlemen will do well to apply to themselves. If they are able to perform their duty according to law, and to confine themselves to such performance, they may, perhaps, be looked upon as useful members of society. There is enough to do within the official field as it is legally defined, without the necessity for any of those outside adventures and excursions, in the process of which over-zealous gentlemen invariably commit more wrong[ t]han they suppress.

The Enquirer also discussed the plight of poor women and openly mocked the police for making the city safe from miscreants in men’s clothing.

“Employment for Females.” Cincinnati Enquirer [Cincinnati, Ohio] 11 December 1858; p. 2.

Our police, some days since, arrested a couple of wanderers, on the heavy charge of being suspicious characters. We propose one of these days looking into the laws, and giving our readers an essay on the subject of “a suspicious character.” We promise ourselves that it will be insructive, if not amusing. In the man while let us be thankful that the police covered themselves with much glory on the occasion. Two fearfully suspicious characters were arrested! We may walk the streets at noon now and fear no danger, for evidently the police are about and take note of crime in its very inception. The very suspected are arrested and consigned to the terrible punishment of the City Prison. We know of no punishment more to be dreaded than that of the City Prison, unless, indeed, it be to have the place of proof-reader to the Gazette.

The result of an investigation at the Police Court gave the startling fact to the world that the larger and rougher-looking suspicious character could be held in durance by no charge well founded, while the smaller and younger was found guilty of being a woman, and consigned to the City Prison in punishment therefor. [sic] There was some difficulty about her apparel. It seems that she preferred the pantaloons to the petticoats, and for presuming to wear her liking she was sent to the aforesaid fearful place. When told of her sentence, and the reasons—or, rather, the law—for the same, she seemed to have some difficulty in comprehending the same, and, we are told, burst into tears, saying, “that, as a boy, she could earn an honest living, but in girl’s clothing she would starve, or be forced to do worse.”

The fact she uttered was illustrative of a grand defect in our social system. This girl would be no stronger or brighter in boy’s apparel than in her proper dress, yet, so attired, her labor would be always in demand, and at almost twice the recompense paid women in her position. We look this fact in the face, and from it find depending many evils. It is a sad thing to see a strong man begging in vain for work. It is sadder to see a poor, helpless woman in such a situation. The man may struggle through; the world gives him a helping hand at last. But the same world tenders the poor girl only temptation to evil. If she resists, she starves; if she fall, the most fearful punishment is her lot. The slow, unwavering finger of public scorn points her along the downward path, to the lowest level of human degr[a]dation. To look at the terrible punishment awarded a prostitute, one wonders how any reasoning being can live and be such. Yet they throng our public ways, crowd in upon our dwellings, pollute every portion of our city, so numerous, so fearfully on the increase, that stout-hearted Justice fails at last, and gives up in despair.

We said, speaking of Doctor Sanger’s report on prostitution, that the statistics given by him forced us to the calm consideration of some remedy. The first is to remove temptation; lift our women above want; give them employment and pay them for their labor; double our present pay and open new arenas; drive the male clerk from behind the dry goods counter to work better fitting his bone and muscle; teach book-keeping to girls and let women keep our books—they will be found more accurate and honest as a general thing than their brothers. In this way we may inaugurate a reform that will, in the end, dispense with houses of ill-fame, female prisons and homes of the Good Shepherd.

(Unfortunately, the Enquirer’s solution is to stereotype men as muscular laborers, ignoring that not every man is suited for that kind of work.)

But justice triumphed. Anderson was dressed as a woman and released.

Jane Anderson. Cincinnati Commercial Tribune [Cincinnati, Ohio] 10 December 1858; p. 1.

Jane Anderson, the boy girl, who was committed by Judge Pruden to the city prison, has been released upon an agreement on her part to resume her feminine garments, which were furnished by her brother.

Though Anderson, the Tribune asserted, probably would keep on living and working as a man.

“The Girl in Boys Clothes—Judge Pruden.” Cincinnati Commercial Tribune [Cincinnati, Ohio] 11 December 1858; p. 1.

It is due the Judge of the Police Court to state, that he did not “send up” to the City Prison, the other day, the girl who had assumed boys clothes for business purposes, with the view of punishing her. His sense of propriety did not permit him to discharge her in male apparel, to be made by the thoughtless, the idle and the vulgar, a spectacle in the streets; and he caused her to be taken care of, for a few hours, apart from the vagrants, thieves and prostitutes in the City Prison, until she could be decently clothed in the garments that custom has made becoming her sex, which being done, she was at once discharged, and took her business clothes with her, neatly packed for active service in the future.

[Note: There were a number of Jane Andersons and Joseph Andersons living in the state of New York in the 1850s. The 1850 U.S. census for New Hartford, Oneida County, New York, includes a family with both a Jane and a Joseph, though almost all are listed as having been born in England, not New York: the family of Simpson (born about 1801) and Jane (born about 1802), who emigrated from England around 1846; their eight children include Joseph, age 14, and Jane, age 10, both born in England. Perhaps our Andersons; perhaps not. (microfilm series M432, roll #562; p. 249, line 41)]

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