Supreme Court Case Of Plessy Vs. Ferguson

Plessy V. Ferguson-

Topics
1. An Eventful Ride
2. Free Colored People
3. The Separate Car Act
4. Plessy Case
5. The Verdict (Louisiana Supreme Court
6. Back to Ferguson’s Court

An Eventful Ride
On June 7, 1892, respected admired New Orleans merchant Homer Plessy, in his 30, hopped on a train at the Press Street depot in New Orleans, on the way to Covington, Louisiana, couple of hours away. Plessy had purchased a first-class ticket, and was resembling the people sitting the in the first-class compartments. He was dressed in a suit, and a hat as per the fashion of the white in those days. Amongst all the people in the white only car, Plessy was light skinned and was ready for an unexciting ride of the train. He did not have
any hopes of reaching till the final destination. When the East Louisiana Railroad Company’s conductor, J.J. Dowling asked Plessy for the ticket, and so Plessy handled the ticket to the conductor. While handling the ticket to the conductor Plessy expressed some of his thoughts which included, “I have to tell you, that according to the Louisiana law, I am a colored man.” In those days, even though slavery had finished almost 30 years back, colored people were not allowed to commute in the first-class coach of the train. Dowling insisted Plessy to give up his seat and wanted Plessy to move to the Jim Crow car, but Plessy politely refused. According to Louisiana’s “Separate Car Act”, the races were to be provided equal but separate accommodations on trains. Blacks were not allowed to ride in whites-only car or whites were not allowed in a black car, but if whites wanted they can willingly take a ride into Jim Crow cars. Later, the conductor called the police for assistance. An officer expedited instantly and drag the amicable Plessy to a local police station. The officer had been tipped beforehand, and so he was waiting for the call from the train conductor. Plessy had spent that night in jail and was released on bail the next morning.
Homer Plessy Homer Plessy was born in New Orleans on March 17, 1862. Plessy’s father died in 1869. Two years later, his mother married Victor M. Duparts, a postal worker and son of a shoemaker. Dupart was an active member of Unification Movement that fought for the rights of African Americans. Plessy, when he was sixteen went into the trade of his step-grandfather of shoemaking. Plessy came into politics when he became vice president of Protective, Educational, Social, and Justice Club in 1887. When Plessy took a seat of whites in white-car only on June 7, 1892, and refuse to get off and leave his seat, he was well aware of the fights for civil rights. Struggling against the segregation in New Orleans. When Plessy was an active fighter for civil disobedience in 1892, he did not act alone. He was a part of an organized movement for challenging the Separate Car Act. He was arrested and to understand his views and opinions it is important to understand the background New Orleans’s social context which is derived from the free people of color in New Orleans.
Free Colored People
New Orleans had a rich and diverse culture since ancient years. The French established New Orleans in 1718. In 1803, France sold New Orleans along with Louisiana to United States. French and Spanish influence, along with the mix people drawn to the international port city, shared a unique culture of New Orleans. “Creole” are the free people of color, those who had any white or black ancestry. On one hand, they were light-skinned but did not had full rights that whites had, and on another they had some benefits which the slaves did not. Free blacks had the right to sue and to be sued and can also purchase a plot individually. Creoles did not have the right to leave the city and migrate to some other place, and if they need to move, they had to get the permission of the Mayor. In addition to this, they also require permission to organize a meeting or to celebrate a social event. They had to face segregation in public areas such as; schools, theatre, jails, and street cars. Free blacks were not allowed to roam outside at night and always had to carry an identification with them.
The Separate Car Act
According to the free blacks, they felt that their life unprotected in the society, as the emancipation guaranteed by the Reconstruction gave way to a resentment of racism. The laws towards the blacks were tangled and instead came the rule of Jim Crow. Plessy was a part of Citizen’s Committee to experiment the Constitutionality of the Separate Car Act, which has decreased the rights of black. The law passed in July 1890, authorized that white and black to travel on different cars on all trains, other than street cars. The conductors were assigned to help the whites and blacks and make them it according to their respective cars. If the blacks who ride the whites-only car and decline to leave their seat, they would be charged a fine of $25. Alcoholics and other unwanted whites passengers were moved to the black car whereas the black nurses taking care of white children were granted permission to travel in the whites-only car. A body named “Americans Citizen’s Equal Rights Association,” urged the legislature to knock down the projected law. They argued that citizenship is not based on race. Few railroad companies also protested against the bill as it caused more expenditure to them for providing new cars. But at the end, the bill was approved and came into law. So, simultaneously the groups fighting for the rights initiated planning to protest against the Separate Car Act, which formed reformation group named Citizen’s Committee to Test the Constitutionality of the Separate Car Act.

The Plessy Case
On October 28, 1892, hearing for the case of Homer Plessy v.
The State of Louisiana began before Judge John Howard Ferguson in the state criminal district court. It had been only four months that Ferguson was serving for New Orleans when Plessy case came in front of him. The defense were not wanting to win in the at the local court, and also expected to lose appeal to the Louisiana Supreme Court, as they wanted to take their case to the US Supreme Court, and spread the message of opposing Segregation across the whole nation. Lawyers from both the sides had given the concise information about the case to Judge Ferguson, and now at the court the lawyers would present the arguments on that in front of Ferguson and he will decide and announce that should the case go to trial or if it should be sent away. Defense advocate James C. Walker claimed that Plessy’s imprisonment offended his constitutional rights, especially Thirteenth and Fourteenth Amendment rights. He argued that by forcing Plessy to get down of the whites-only car putting one of the “badges of slavery” that was expressly proscribed by the Thirteenth Amendment. Just because of his race, he was treated as just as the slaves were treated. He also claimed that the Fourteenth Amendment insured Plessy the same civil rights and liberties as per the law for any US citizen. He said that the Separate Car Act did the same for Plessy. In addition to that, Walker believed that the case should not have even go into the court, but
if Ferguson controlled the case should go for impeachment, Walker appealed the decision to the Louisiana Supreme Court, than waiting for a ruling on the case. On the other hand, the district advocate Lionel Adams explained the case on behalf of the state. He mentioned that the Separate Car Act and the documentation demonstrated that Plessy had deliberately blow the law. He supported his point by illustrating that it is illegal for the Whites to ride on a Jim Crow Car, so is for the creoles to travel on the Whites-only Car. This law is proposed to avoid the conflicts emanate amongst the two races if they share the same car. On November 18, 1892, Ferguson announced his decision, and also complemented the defense lawyer on its arguments, but still took the side of the state. The charges would continue on Plessy and the trial would move forward to the Louisiana Supreme Court. He took this decision as for the previous cases supported by Adams’s debate that the state has the right to keep peace by segregating the races on railway cars. Plessy’s lawyer made appeal for the Ferguson’s decision to take to the Louisiana Supreme Court, and this would setback Plessy’s criminal trial. Plessy’s case was defeated at the state level, and in fact that was the part of the team’s plan as a result it would give a chance to them for an appeal to the US Supreme Court.
The Verdict (Louisiana Supreme Court)
On December 19, 1892, the Louisiana Supreme Court announced its decision.
The verdict unanimously against Plessy. Justice Charles E. Fenner conveyed down the court’s judgement. He cited numerous past decisions to support the opinion of the court. A case that was cited by him implied that some of the differences between whites and black were created by God. He quoted the decision by Justice Agnew. Agnew also announced that the difference between the blacks and whites were so serious that their separation on the public transport was “the subject of a sound regulation to secure order, promote comfort, preserve the peace, and maintain the rights bot of passengers and carriers.” Ultimately, Separate Car Act was found legal because the segregation on public transport was “in the interest of public order, peace and comfort.” He announced that the laws for both the whites and blacks would be same as it would be penalty for both the races if law would be violated by them, and so the Separate Car Act would be continued. Plessy’s lawyer- Walker and his team felt that the case is not yet dismissed in the state Supreme Court. The Committee wanted the case to go to the highest court of the nation to test constitutionality of the Separate Car Act. A win at the Us Supreme Court would give the authority to make the Jim Crow illegal throughout the nation. On May 18, 1896, the Supreme Court ruled on the Plessy case. It was almost four years after Plessy had disclose to the train conductor that
he was a “colored man.” The Supreme Court found that Separate Car Act was constitutional. Justice Henry B. Brown found that Plessy’s Thirteenth and Fourteenth Amendment were not violated. But Justice Harlan has a different opinion. He believed that separating the races in the law is against the Constitution and can cause devastating damages as the decision was made by the Supreme Court in the Dred Scot Case.
Back to Ferguson’s Court
On January 11, 1897, Plessy appeared in court of New Orleans before the Judge Ferguson once again. He withdrew his petition for not guilty and entered a appeal of guilty. He was then fined $25 which he paid. So Plessy and Citizen’s Committee had been broken down as the highest Court in the land found the Separate Car Act Constitutional. Segregation was legal. The result would be decades of discrimination at the hands of Jim Crow.