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Title
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EWP PlessyvFergusonwikipedia
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Plessy, Ferguson, segregation, Supreme Court, civil rights
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Place
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Virginia
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1032719
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2024-01-07
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.pdf
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8ef8c243cc698de5aa44f0116d0c86d536e86c4e58af9419b3850c9aec921463
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/Volumes/T7 Shield/EWP/Elements/EWP_Files/Access Files/Upload temp/1032719_EWP_PlessyvFergusonwikipedia.pdf
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Rights
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English
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extracted text
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Plessy v. Ferguson
“Plessy” redirects here. For similar names, see Plessis.
and white New Orleans residents formed the Comité des
Citoyens (Committee of Citizens) dedicated to repeal the
law or fight its effect.[3] They eventually persuaded Homer
Plessy, a man of mixed race, to participate in an orchestrated test case. Plessy was born a free man and was an
"octoroon" (of seven-eighths European descent and oneeighth African descent). However, under Louisiana law,
he was classified as black, and thus required to sit in the
“colored” car.[4]
Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark
United States Supreme Court decision upholding the
constitutionality of state laws requiring racial segregation
in public facilities under the doctrine of "separate but
equal".[1] The decision was handed down by a vote of 7
to 1 with the majority opinion written by Justice Henry
Billings Brown and the dissent written by Justice John
Marshall Harlan.
On June 7, 1892, Plessy bought a first-class ticket at the
“Separate but equal” remained standard doctrine in U.S. Press Street Depot and boarded a “whites only” car of
Orleans, Louisiana,
law until its repudiation in the 1954 Supreme Court deci- the East Louisiana Railroad in New
[5]
bound
for
Covington,
Louisiana.
The railroad com[2]
sion Brown v. Board of Education. After the Supreme
pany,
which
had
opposed
the
law
on
the grounds that it
Court ruling, the New Orleans Comité des Citoyens
would
require
the
purchase
of
more
railcars, had been
(Committee of Citizens), which had brought the suit and
previously
informed
of
Plessy’s
racial
lineage, and the
had arranged for Homer Plessy's arrest in an act of civil
[6]
intent
to
challenge
the
law.
Additionally,
the commitdisobedience in order to challenge Louisiana’s segregatee
hired
a
private
detective
with
arrest
powers
to detain
tion law, stated, “We, as freemen, still believe that we
Plessy,
to
ensure
he
was
charged
for
violating
the Sep[3]
were right and our cause is sacred.”
arate Car Act, as opposed to a vagrancy or some other
offense.[6] After Plessy took a seat in the whites-only railway car, he was asked to vacate it, and sit instead in
1 Background
the blacks-only car. Plessy refused and was arrested immediately by the detective.[7] As planned, the train was
stopped, and Plessy was taken off the train at Press and
Royal streets.[6] Plessy was remanded for trial in Orleans
Parish.
In his case, Homer Adolph Plessy v.
The State
of Louisiana, Plessy’s lawyers argued that the state
law which required East Louisiana Railroad to segregate trains had denied him his rights under the
Thirteenth and Fourteenth amendments of the United
States Constitution,[8] which provided for equal treatment
under the law. However, the judge presiding over his
case, John Howard Ferguson, ruled that Louisiana had
the right to regulate railroad companies while they operated within state boundaries. Plessy was convicted and
sentenced to pay a $25 fine. Plessy immediately sought a
writ of prohibition.
The Committee of Citizens took Plessy’s appeal to the
Supreme Court of Louisiana, where he again found an
unreceptive ear, as the state Supreme Court upheld Judge
Ferguson’s ruling.[6]
Marker placed at Press and Royal Streets in New Orleans on
February 12, 2009, commemorating the arrest of Homer Plessy
on June 7, 1892, for violating the Louisiana 1890 Separate Car
Act
In speaking for the court’s decision that Ferguson’s judgement did not violate the 14th Amendment, Louisiana
In 1890, the state of Louisiana passed a law (the Separate Supreme Court Justice Charles Fenner cited precedents
Car Act) that required separate accommodations for from two Northern states commonly associated with aboblacks and whites on railroads, including separate railway litionism. The Massachusetts Supreme Court had ruled
cars.[2] Concerned, a group of prominent black, creole,
1
2
2
as early as 1849 that segregated schools were constitutional. In answering the charge that segregation perpetuated race prejudice the Massachusetts court stated: “This
prejudice, if it exists, is not created by law and cannot be
changed by law.” Similarly, in commenting on a Pennsylvania law mandating separate railcars for different races
the Pennsylvania Supreme Court stated: “To assert separateness is not to declare inferiority ... It is simply to say
that following the order of Devine Providence, human authority ought not to compel these widely separated races
to intermix.” [9] Undaunted, the Committee appealed to
the United States Supreme Court in 1896.[8] Two legal
briefs were submitted on Plessy’s behalf. One was signed
by Albion W. Tourgée and James C. Walker and the other
by Samuel F. Phillips and his legal partner F. D. McKenney. Oral arguments were held before the US Supreme
Court on April 13, 1896. Tourgée and Phillips appeared
in the courtroom to speak on behalf of Plessy.
violation of the Fourteenth Amendment. Instead, it contended that the law separated the two races as a matter of
public policy.[15]
When summarizing, Justice Brown declared, “We consider the underlying fallacy of the plaintiff’s argument
to consist in the assumption that the enforced separation
of the two races stamps the colored race with a badge
of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored
race chooses to put that construction upon it.”[16] Justice Brown also cited a Boston case upholding segregated
schools.[17]
While the Court did not find a difference in quality between the whites-only and blacks-only railway cars, this
was manifestly untrue in the case of most other separate facilities, such as: public toilets, cafés, and public
schools, where the facilities designated for blacks were
consistently of lesser quality than those for whites.[18]
Tourgée built his case upon violations of Plessy’s rights
under the Thirteenth Amendment, prohibiting slavery,
and the Fourteenth Amendment, which guarantees the
same rights to all citizens of the United States, and the 2.2
equal protection of those rights, against the deprivation
of life, liberty, or property without due process of law.
Tourgée argued that the reputation of being a black man
was “property”, which, by the law, implied the inferiority
of African Americans as compared to whites.[10]
2
DECISION AND DISSENT
Dissent
Decision and dissent
The state legal brief was prepared personally by Attorney
General Milton Joseph Cunningham of Natchitoches and
New Orleans. Earlier Cunningham had fought to restore
white supremacy during Reconstruction.[11]
Louisiana Justice Edward Douglass White was one of the
majority: he was a member of the New Orleans Pickwick Club and the Crescent City White League, the latter a paramilitary organization that had supported white
supremacy with violence through the 1870s to suppress
black voting and regain political power by white property owners.[12] The other six who voted in the seven-toone majority decision were from states that sided with
the Union during the Civil War. Justice White was the John Marshall Harlan, became known as the “Great Dissenter”
only member of the court from a state of the defunct for his fiery dissent in Plessy and other early civil rights cases
Confederacy.[13]
Justice John Marshall Harlan, who decried the excesses
of the Ku Klux Klan, wrote a scathing dissent in which
2.1 Majority opinion
he predicted the court’s decision would become as
infamous as that of Dred Scott v. Sandford (1857).
In the seven-to-one decision handed down on May 18, Justice Harlan was from Kentucky which was a border
1896 (Justice David Josiah Brewer did not participate be- state during the Civil War. Six of the seven Justices
cause of the death of his daughter),[14] the Court rejected voting with the majority were from states that sided with
Plessy’s arguments based on the Fourteenth Amendment, the Union during that war, as cited in footnote sixteen
seeing no way in which the Louisiana statute violated it.[6] above. Following is part of Justice Harlan’s dissent,
In addition, the majority of the Court rejected the view asserting, “The law regards man as man":
that the Louisiana law implied any inferiority of blacks, in
3
[I]n view of the constitution, in the eye of the
law, there is in this country no superior, dominant, ruling class of citizens. There is no caste
here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are
equal before the law. The humblest is the peer
of the most powerful. The law regards man
as man, and takes no account of his surroundings or of his color when his civil rights as
guaranteed by the supreme law of the land are
involved.[19]
Some commentators, such as Gabriel J. Chin[20] and Eric
Maltz,[21] have viewed Harlan’s Plessy dissent in a more
critical light, and suggested it be viewed in context with
his other decisions.[22] Maltz has argued that “modern
commentators have often overstated Harlan’s distaste for
race-based classifications,” pointing to other aspects of
decisions in which Harlan was involved.[23] Both point
to a passage of Harlan’s Plessy dissent as particularly
troubling:[24][25] “There is a race so different from our
own that we do not permit those belonging to it to become citizens of the United States. Persons belonging to
it are, with few exceptions, absolutely excluded from our
country. I allude to the Chinese race. But, by the statute
in question, a Chinaman can ride in the same passenger
coach with white citizens of the United States, while citizens of the black race in Louisiana, many of whom, perhaps, risked their lives for the preservation of the Union...
and who have all the legal rights that belong to white citizens, are yet declared to be criminals, liable to imprisonment, if they ride in a public coach occupied by citizens
of the white race”, he wrote.[16]
New Orleans historian Keith Weldon Medley, author of
We As Freemen: Plessy v. Ferguson, The Fight Against Legal Segregation, said the words in Justice Harlan’s “Great
Dissent” were taken from papers filed with the court by
“The Citizen’s Committee”.[26]
3
Influence
Plessy legitimized the state laws establishing racial segregation in the South and provided an impetus for further segregation laws. It also legitimized laws in the
North requiring racial segregation as in the Boston school
segregation case noted by Justice Brown in his majority opinion.[27] Legislative achievements won during the
Reconstruction Era were erased through means of the
“separate but equal” doctrine.[28] The doctrine had been
strengthened also by an 1875 Supreme Court decision
that limited the federal government’s ability to intervene
in state affairs, guaranteeing only Congress the power
“to restrain states from acts of racial discrimination and
segregation”.[29] The ruling basically granted states legislative immunity when dealing with questions of race,
guaranteeing the states’ right to implement racially separate institutions, requiring them only to be “equal”.[30]
The prospect of greater state influence in matters of race
worried numerous advocates of civil equality, including
Supreme Court Justice John Harlan, who wrote in his
dissent of the Plessy decision, “we shall enter upon an
era of constitutional law, when the rights of freedom
and American citizenship cannot receive from the nation
that efficient protection which heretofore was unhesitatingly accorded to slavery and the rights of the master.”[29]
Harlan’s concerns about the entrenchment on the 14th
Amendment would prove well founded; states proceeded
to institute segregation-based laws that became known as
the Jim Crow system.[31] In addition, from 1890 to 1908,
Southern states passed new or amended constitutions including provisions that effectively disfranchised blacks
and thousands of poor whites.
The effect of the Plessy ruling was immediate; there were
already significant differences in funding for the segregated school system, which continued into the 20th century; states consistently underfunded black schools, providing them with substandard buildings, textbooks, and
supplies. States which had successfully integrated elements of their society abruptly adopted oppressive legislation that erased reconstruction era efforts.[32] The principles of Plessy v. Ferguson were reaffirmed in Lum v.
Rice (1927), which upheld the right of a Mississippi public school for white children to exclude a Chinese American girl. Despite the laws enforcing compulsory education, and the lack of public schools for Chinese children
in Lum’s area, the Supreme Court ruled that she had the
choice to attend a private school.[33] Jim Crow laws and
practices spread northward in response to a second wave
of African-American migration from the South to northern and midwestern cities. Some established de jure segregated educational facilities, separate public institutions
such as hotels and restaurants, separate beaches among
other public facilities, and restrictions on interracial marriage, but in other cases segregation in the North was related to unstated practices and operated on a de facto basis, although not by law, among numerous other facets of
daily life.[32]
The separate facilities and institutions accorded to
the African-American community were consistently
inferior[34] to those provided to the White community.
This contradicted the vague declaration of “separate but
equal” institutions issued after the Plessy decision.[35]
From 1890 to 1908, state legislatures in the South disfranchised most blacks and many poor whites through rejecting them for voter registration and voting: making
voter registration more difficult by providing more detailed records, such as proof of land ownership or literacy
tests administered by white staff at poll stations. AfricanAmerican community leaders, who had achieved brief
political success during the Reconstruction era and even
into the 1880s, lost gains made when their voters were ex-
4
6
REFERENCES
cluded from the political system. Historian Rogers Smith
noted on the subject that “lawmakers frequently admitted,
indeed boasted, that such measures as complex registration rules, literacy and property tests, poll taxes, white primaries, and grandfather clauses were designed to produce
an electorate confined to a white race that declared itself
supreme”, notably rejecting the 14th and 15th Amendments to the American Constitution.[36]
[5] “Plessy v. Ferguson (No. 210)". Legal Information Institute. Retrieved 4 October 2011.
In the case of Brown v. Board of Education (1954), the
US Supreme Court ruled that segregation in public education was unconstitutional.[37] Plessy v. Ferguson was
never overturned by the Supreme Court.[38] But, the Civil
Rights Act of 1964 prohibited legal segregation and the
Voting Rights Act of 1965 provided for federal oversight
and enforcement of voter registration voting.
[8] Maidment, Richard A. "Plessy v.
Ferguson ReExamined". Journal of American Studies. 7. no. 2 (August 1973): 125–132.
4
Plessy and Ferguson Foundation
[6] Katy Reckdahl (2009-02-11). “Plessy and Ferguson unveil plaque today marking their ancestors’ actions”. The
Times-Picayune.
[7] “Plessy v. Ferguson (1896)". PBS. Retrieved 5 October
2011.
[9] H. W. Brands, American Colossus:The Triumph of Capitalism 1865-1900 (New York: Random House, 2010)
463-464
[10] Gordon, Milton M. “Enforcing Racial Segregation: It is
Viewed As Violating the Rights of All Americans”. New
York Times (1923–Current File) http://www.proquest.
com/
In 2009 Keith Plessy and Phoebe Ferguson, descendants [11] Mimi Methvin McManus (May 29, 2003). “Milton
Joseph Cunningham”. genealogy.com. Retrieved Octoof actors on both sides of the 1896 Supreme Court case,
ber 2, 2014.
announced establishing the Plessy and Ferguson Foundation for Education and Reconciliation. The foundation [12] New Orleans: “Pickwickians and Reconstruction”, Amerwill work to create new ways to teach the history of civil
ican Experience, PBS, 2006
rights through film, art, and public programs designed to
create understanding of this historic case and its effect on [13] Infoplease Past U.S. Supreme Court Members.http://
www.infoplease.com/ipa/A0101281.html
the American conscience.[39]
5
Plaque at railyard site
[14] “Plessy v. Ferguson, 163 U.S. 537 (1896) (full text in one
web page)". Caselaw.lp.findlaw.com. Retrieved 2012-1222.
[15] Bishop, David W. "Plessy v. Ferguson: A Reinterpreta-
Historians gathered with the Plessy and Ferguson famtion". The Journal of Negro History. 62. no. 2 (April
ilies and a member of the Louisiana Supreme Court in
1977): 125–133.
New Orleans on February 12, 2009, to unveil a historical marker that memorializes the case.[6] “It is no longer [16] “Plessy v. Ferguson – 163 U.S. 537 (1896) :: Justia US
Supreme Court Center”. Supreme.justia.com. Retrieved
Plessy v Ferguson. It is Plessy and Ferguson”, said Keith
2012-12-22.
[40]
Plessy in a Public Broadcasting radio interview.
The
marker was placed on the corner of Press and Royal [17] H.W. Brands “American Colossus” (New York, Anchor
Streets, near the location of the former railway station
Books, 2010) 466
where Plessy had boarded his train.[40]
6
References
[18] Fireside, Harvey. Separate and Unequal: Homer Plessy
and the Supreme Court Decision That Legalized Racism.
New York: Carroll & Graf, 2004.
[19] Plessy, 163 U.S., at 559
[1] Groves, Harry E. (1951). “Separate but Equal--The Doctrine of Plessy v. Ferguson”. Phylon 12 (1): 66–72.
[2] Plessy v. Ferguson. (2010). Encyclopedia of American
Studies. Retrieved 2012-12-22.(subscription required)
[3] Medley, Keith Weldon (2003). We As Freeman: Plessy
v. Ferguson: The Fight Against Legal Segregation. Pelican
Publishing Company. ISBN 978-1-58980-120-2.
[4] Koffi N, Maglo. “GENOMICS AND THE CONUNDRUM OF RACE: some epistemic and ethical considerations”. Johns Hopkins University Press. Retrieved 4
October 2011.
[20] Chin, Gabriel J. (Oct 1996). “The Plessy Myth: Justice
Harlan on the Chinese Cases”. Iowa L. Rev. 82: 151.
[21] Maltz, Eric (1996). “Only Partially Color-Blind: John
Marshall Harlan’s View of Race and the Constitution”.
Georgia State L. Rev. 12: 973.
[22] Chin 1996.
[23] Maltz 1996, p. 1015.
[24] Chin 1996, p. 156.
[25] Maltz 1996, p. 1002.
5
[26] “Civil rights pioneer celebrated with marker” (Flash).
2009-02-10.
[27] H. W. Brands “American Colossus” (New York: Anchor
Books, 2010) 466
[28] Sutherland, Arthur E. "Segregation and the Supreme
Court". The Atlantic Monthly, July 1954.
[29] Oldfield, John. 2004. “STATE POLITICS, RAILROADS, AND CIVIL RIGHTS IN SOUTH CAROLINA, 1883–89”. American Nineteenth Century History
5, no. 2: 71–91. America: History & Life, EBSCOhost
(accessed February 1, 2010).
[30] Smithsonian National Museum of American History
Behring Center, "Separate But Equal: The Law of the
Land".
[31] Krock, Arthur. “In the Nation: An Historic Day in the
Supreme Court Mr.Vinson Sets a Limit Facts Weighed
Minutely”. New York Times (1923–Current File). June 6,
1950, http://www.proquest.com/
[32] Klarman, Michael J., From Jim Crow to Civil Rights:
The Supreme Court and the Struggle for Racial
Equality (Oxford University Press USA, 2004),
http://0-lib.myilibrary.com.mercury.concordia.ca/
Browse/open.asp?ID=56001&loc=19 (1 February 2010)
[33] Nahuja, Aama (2009). “Gong Lum v. Rice”. In Lomotey, Kofi. Encyclopedia of African American Education 1. SAGE. p. 291.
[34] White, Walter. “Decision in Plessy Case”. New York
Times (1923–Current File), March 10, 1954, http://www.
proquest.com/
[35] Darden, Gary Helm. 2009. “The New Empire in the 'New
South': Jim Crow in the Global Frontier of High Imperialism and Decolonization”. Southern Quarterly 46, no. 3:
8–25. America: History & Life, EBSCOhost (accessed
February 1, 2010).
[36] McWilliams, Wilson Carey. 1999. “ON ROGERS
SMITH'S 'CIVIC IDEALS'". Studies in American Political Development 13, no. 1: 216–229. America: History
& Life, EBSCOhost (accessed February 1, 2010).
[37] “Brown v. Board of Education”. cornell.edu.
[38] Amar, Akhil Reed (6 July 2015). “Anthony Kennedy and
the Ghost of Earl Warren”. slate.com. Slate Magazine.
Retrieved 22 July 2015.
[39] “A Celebration of Progress: Unveiling the long-awaited
historical marker for the arrest site of Homer Plessy”.
New Orleans Center for Creative Arts. Archived from the
original on 2009-02-21.
[40] Eve Abrams (2009-02-12). “Plessy/Ferguson plaque dedicated”.
7 Further reading
• Thomas, Brook (1997). Plessy v. Ferguson: A Brief
History with Documents. Boston: Bedford Books.
ISBN 978-0-312-14997-0.
• Chin, Gabriel J. (1996). “The Plessy Myth: Justice
Harlan and the Chinese Cases”. Iowa Law Review
82: 151. SSRN 1121505.
• Elliott, Mark (2006). Color-Blind Justice: Albion
Tourgée and the Quest for Racial Equality from the
Civil War to Plessy v. Ferguson. New York: Oxford
University Press. ISBN 0-19-518139-5.
• Fireside, Harvey (2004). Separate and Unequal:
Homer Plessy and the Supreme Court Decision That
Legalized Racism. New York: Carroll & Graf.
ISBN 0-7867-1293-7.
• Hoffer, Williamjames Hull. Plessy v. Ferguson:
Race and Inequality in Jim Crow America (University Press of Kansas; 2012) 219 pages
• Lofgren, Charles A. (1987). The Plessy Case: A
Legal-Historical Interpretation. New York: Oxford
University Press. ISBN 978-0-19-505684-6.
• Medley, Keith Weldon (2003). We As Freemen:
Plessy v. Ferguson. Gretna, LA: Pelican. ISBN 158980-120-2. Review
• Tushnet, Mark (2008). I dissent: Great Opposing Opinions in Landmark Supreme Court Cases.
Boston: Beacon Press. pp. 69–80. ISBN 978-08070-0036-6.
8 External links
• Text of Plessy v. Ferguson, 163 U.S. 537 (1896) is
available from: Findlaw Justia LII
• Text of Brown v. Board of Education of Topeka, 347
U.S. 483 (1954) is available from: Findlaw Justia
LII
• Case Brief for Plessy v. Ferguson at Lawnix.com
6
9 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES
9
Text and image sources, contributors, and licenses
9.1
Text
• Plessy v. Ferguson Source: https://en.wikipedia.org/wiki/Plessy_v._Ferguson?oldid=709259669 Contributors: Mav, Bryan Derksen, Absecon 59, William Avery, Roadrunner, Zoe, Isis~enwiki, Hephaestos, Soulpatch, Infrogmation, Michael Hardy, Kwertii, Dominus, Flamurai, Minesweeper, Ahoerstemeier, Evercat, Didup, Jengod, RickK, Colin Marquardt, Rednblu, Markhurd, CBDunkerson, Saltine, Itai,
Populus, HarryHenryGebel, Johnleemk, Chris 73, Nydigoveth, Stephan Schulz, Lowellian, Postdlf, Rfc1394, Diderot, Timrollpickering,
JackofOz, Dbenbenn, JamesMLane, TOttenville8, Lee J Haywood, Tom harrison, Lupin, Everyking, Curps, Michael Devore, Beardo,
Siroxo, Utcursch, Toytoy, Geni, Subsailor, Antandrus, OverlordQ, Rdsmith4, Rlquall, PFHLai, Mrtrey99, Neutrality, Clemwang, Adashiel,
Mahendra, Mike Rosoft, CALR, Naryathegreat, Discospinster, Sladen, Ebelular, Autiger, Paul August, Bender235, ESkog, Mateo SA,
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Deansfa, Emerson7, Gettingtoit, Graham87, Deltabeignet, Magister Mathematicae, Cuchullain, BD2412, Mendaliv, Tim!, BlueMoonlet,
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Aaron Schulz, Xompanthy, Gadget850, DeadEyeArrow, BusterD, Maunus, Ignitus, Wknight94, PGPirate, Poofyspikes, TransUtopian,
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