Plessy v Ferguson
By
John C Abercrombie
This is a landmark United States Supreme Court Decision of May 18, 1896 that put forth and gave rise to the doctrine of “separate but equal”. It was a test of the 14th amendment that provides for equal protection to all. This in part gave sanction to the many laws that kept the races separate in so many activities. It had a profound impact on life in this country and served as a means of limiting the progress of a large segment of our population.
Many of the laws that followed the confirmation of the Plessy v Ferguson decision were known as “Jim Crow” laws. These laws were state and local and enforced racial segregation.
The term “Jim Crow” came from a White actor named Thomas D. Rice who performed in blackface and satirized Blacks, making them the butt of the joke, and having only negative attributes. The segregationist laws passed by Southern legislatures that were directed against Blacks became known as “Jim Crow” laws.
The state of Louisiana passed a Separate Car Act in 1890 which required separate cars on railroads for Blacks and Whites. A group of Black, Creole (most often a person of mixed heritage consisting of African and European heritage. The latter most often being of French or Spanish origins) White citizens formed “The Committee of Citizens” to challenge the law.
Homer Plessy became the test case. He was born free and was what was commonly called an “octoroon”, a person of 7/8 European and 1/8 African heritage. Under Louisiana law he was classified as Black and therefore required to sit in the “Colored” car.
The railroads had opposed the law on the basis tht it was economically detrimental to them. However, Homer Plessy purchased a ticket and boarded the “Whites Only” car. The Committee of Citizens had made known Plessy’s race and was using the case as a test of the law.
The Committee saw the absurdity in having a street car conductor make a judgement about the ancestry of a person in order to enforce the law.
Plessy’s appearance was that of a White man in his extremely light complexion and straight hair. In order to determine his race, one had to ask. Plessy was asked his race and told to move. He refused and was arrested.
Plessy’s lawyers argued that segregated trains denied him rights guaranteed under the 13th and 14th amendments, which provided for equal protection under the law. The judge in the case, John Howard Ferguson, ruled that the state had the right to regulate trains within the state. Plessy was convicted and ordered to pay a fine.
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,[14] 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 matter was appealed to the State Supreme court and the lower court ruling was upheld.
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.
The State Supreme Court relied on 2 cases, a Massachusetts ruling that took place before the 14th amendment was passed. That law was changed 5 years later, however the previous precedent stood in the court’s view.
The second ruling cited was a Pennsylvania law that mandated separate railcars, quoting “To assert separateness is not to declare inferiority. It is simply to say that following the order of Divine Providence, human authority ought not to compel these widely separated races to intermix.
Plessy’s attorneys argued that under 13th and 14th amendments guarantee the same rights to all citizens of the United States and the equal protection of these rights against the deprivation of life, liberty, or property without due process of law. They also argued that the perception of a Black man as property implied inferiority of Blacks as compared to Whites.
The court dismissed any claim that the law violated the 13th amendment.
The court ruled that the 14th amendment guaranteed legal equality but was not intended to prevent social or other types of discrimination. “The object of the 14th amendment was to enforce the absolute equality of the two races before the law, but in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equity, or a commingling of the two races upon terms unsatisfactory to either.
Justice John Marshall Harlan dissented and predicted the court’s decision would become as infamous as the Dred Scott v Sandford ruling. He wrote in part:
The white race deems itself to be the dominant race in this country. And so, it is in prestige, in achievements, in education, in wealth and in power. So, I doubt not, it will continue to be for all time if it remains true to its great heritage and holds fast to the principles of constitutional liberty. But in 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. It is therefore to be regretted that this high tribunal, the final expositor of the fundamental law of the land, has reached the conclusion that it is competent for a state to regulate the enjoyment by citizens of their civil rights solely upon the basis of race.
The Plessy ruling played havoc with the rights and privileges of Black citizens and in turn Whites as well as they were not able to benefit from the achievements that Blacks were prevented from attaining. Legislative achievements won during the Reconstruction Era were erased by the “Separate but Equal” doctrine. In practical language, the wording was “definitely separate, but in no way equal”. The equal came with a wink and nudge and was well understood.
A glimpse at the world after the Plessy v Ferguson ruling.
Schools were “separate, but equal” and in most cases this meant that for every $1.00 spent on a Black student, between $2.00 to $10.00 was spent on a White student. Charles Hamilton Houston was able to document the obvious disparity of physical facilities as shown in the case of Brown v Board of Education.
HBCU’s (Historically Black Colleges and Universities) were formed because many “White” institutions refused to admit Blacks, even state schools refused to admit Blacks.
Even such activities as attending a movie, Blacks were relegated to the balcony as in the Canadian case of Viola Desmond http://amazingblackhistory.com/2019/02/28/desmond-viola-from-arrestee-to-honoree/ .
In public facilities, there were separate drinking fountains, often with Whites having chilled water and Blacks (if there was a fountain with room temperature water.) There were separate restroom facilities, if there were any at all. In matters of travel, many Blacks used the “Green Book” because it listed places that welcomed Black customers. Keep in mind that many places refused to serve Blacks at all. This is why in many older pictures there are signs, “Whites Only”.
Housing was extremely restricted and even if a Black could afford housing in a White area, it was not available to that person or family. Banks refused to loan money to a person attempting to move into housing designated for another race. This worked both ways and involved governmental agencies as well.
Even medical facilities were separate. There is no governmental entity that is going to duplicate facilities and make them both equal. It was just a sham to claim anything more than separate.
The Plessy decision in essence granted states immunity when dealing with the question of race, guaranteeing them the right to implement racially separate policies, requiring them only to be “equal” which they seldom were.
Supreme Court Justice John Harlan in the matter of Plessy dissented, “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 on which heretofore was unhesitatingly accorded to slavery and the rights of the masters.”
Harlan further writes:
“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”
As the result of Plessy, Southern states passed new or amended constitutions including provisions that effectively disenfranchised Blacks and thousands of poor Whites.
The immediate results of Plessy have continued into he 20th century. States and local jurisdictions have consistently underfunded Black schools, building and maintaining substandard buildings, used and outdated textbooks, usually discarded by the White schools.
States that had made progress towards equality abruptly adopted oppressive legislation that erased the gains of the reconstruction era.
In the discussion of race, laws and practices, there are 2 terms that are frequently heard
De jure segregation is governed by actual laws and may affect educational facilities, places of accommodation such as restaurants and hotels, even separate beaches or marriage.
De facto segregation is more the practices where segregation is norm, but not governed by an actual law.
Encouraged by the separation of the races and empowered by the Plessy decision, state and local jurisdictions began making voting more difficult by requiring more detailed proof by requiring land ownership, literacy tests and trickery such as requiring answers to questions as how many bubbles in a bar of soap?
During this period of lost gains, politicians acknowledged that such measures as registration rules, literacy tests, property ownership, poll taxes and the blatant White primaries were designed to produce elections confined to Whites.
The term “Grandfather clause” came into being as a way of eliminating Blacks from voting while at the same time allowing Whites who did meet the requirements to participate. If your grandfather was able to vote, then you were. This eliminated Blacks because during this time those Black grandfathers were denied because they were slaves and therefore not able to vote, but all Whites were eligible because there were no obstacles put in their way.
The years of inequity resulting from the ruling in the Plessy v Ferguson case have caused immense disparity between the races, how in an effort to heal the wound, 2009 saw members of the families announce the establishment of the Plessy and Ferguson Foundation for Education and Reconciliation.
The foundation will work to create innovative ways of teaching the history of civil rights through the use of film, art and public programs, all designed to create an understanding of the historic case and its effect on the conscience of America.
A marker was placed t the corner of Press and Royal Streets, near the location of the railway station where Homer Plessy boarded the train in this landmark case. That marker was unveiled February 12, 2009.
For those who are interested in further exploration of this subject, we have assembled additional information in the form of books and videos. We include some value offers as this allows us to support our efforts and using these offers allows you to support us without any additional cost to you as you make purchases that you already make.*
Keep in mind that the links take you to Amazon. Using the link does not purchase the product. You are only charged for items in your cart at checkout, so if you have any unwanted items in your cart, simply remove them and continue. You can therefore use our links for all of your Amazon shopping.
Links to value items take you to Amazon and you purchase directly from Amazon. While the links may be directed to specific products, you are only charged for items in your cart at check out. Feel free to use our links anytime you are shopping on Amazon. We receive a small royalty from use of our links and there is no cost to you.
To see other posts in our ever increasing list click on Blog List
For comments and suggestions, click on Contact Us
Thank you for sharing the posts, the sites and of course your other support!
Plessey v Ferguson Separate:
The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation Separate is a myth-shattering narrative of one of the most consequential Supreme Court cases of the nineteenth century, Plessy v. Ferguson. The 1896 ruling embraced racial segregation, and its reverberations are still felt today. Drawing on letters, diaries, and archival collections, Steve Luxenberg reveals the origins of racial separation and its pernicious grip on American life. He tells the story through the lives of the people caught up in the case: Louis Martinet, who led the resisters from the mixed-race community of French New Orleans; Albion Tourgée, a best-selling author and the country’s best-known white advocate for civil rights; Justice Henry Billings Brown, from antislavery New England, whose majority ruling sanctioned separation; Justice John Harlan, the Southerner from a slaveholding family whose singular dissent cemented his reputation as a steadfast voice for justice. Sweeping, swiftly paced, and richly detailed, Separate is an urgently needed exploration of our nation’s most devastating divide. 22 black and white photographs
**
Try Audible Premium Plus and Get Up to Two Free Audiobooks
Hear professional people, either the author or a well-qualified person read the material to you. Can be used on most devices including smart phones. A tremendous way to inform and entertain yourself. Highly recommended.
Try Audible Premium Plus and Get Up to Two Free Audiobooks
**
Plessy v. Ferguson Summary | quimbee.com
**
Kindle Unlimited Membership Plans
*Unlimited reading from over 1 million eBooks
*Unlimited listening to thousands of audiobooks
*Read on any device
*Membership plans are also giftable
Kindle Unlimited Membership Plans
**
Plessy v. Ferguson:
Race and Inequality in Jim Crow America (Landmark Law Cases and American Society) Six decades before Rosa Parks boarded her fateful bus, another traveler in the Deep South tried to strike a blow against racial discrimination—but ultimately fell short of that goal, leading to the Supreme Court’s landmark 1896 decision in Plessy v. Ferguson. Now Williamjames Hull Hoffer vividly details the origins, litigation, opinions, and aftermath of this notorious case. In response to the passage of the Louisiana Separate Car Act of 1890, which prescribed “equal but separate accommodations” on public transportation, a group called the Committee of Citizens decided to challenge its constitutionality. At a pre-selected time and place, Homer Plessy, on behalf of the committee, boarded a train car set aside for whites, announced his non-white racial identity, and was immediately arrested. The legal deliberations that followed eventually led to the Court’s 7-1 decision in Plessy, which upheld both the Louisiana statute and the state’s police powers. It also helped create a Jim Crow system that would last deep into the twentieth century, until Brown v. Board of Education in 1954 and other cases helped overturn it.
**
Law
The law can be full of interpretations from knowledgeable persons. Many times, we call for people to be anthropologist and geneticists without training as we see in the Plessy Case. Demystify these issues by studying the law and the impact they have on so many of our citizens. The books here range in difficulty with many easy approaches to the subject. The place to begin is here with our Amazon affiliate link below
**
Plessy v. Ferguson | BRI’s Homework Help Series
How did the odious doctrine of “separate but equal” become legally permissible in the U.S.? This Homework Help narrative explores the story of the Plessy v. Ferguson Supreme Court case.
**
Deli and Prepared Foods
Now is the time to order and have the greatest selection delivered to your door with our Amazon affiliate link
**
Plessy v. Ferguson:
A Brief History with Documents In 1896, The Supreme Court’s Plessy v. Ferguson decision made legal a system of “separate but equal” racial segregation not overruled until 1954. Using the full text of the Court’s opinion, along with a selection of responses to the ruling, Brook Thomas allows students to re-create a context of the complicated debates and conditions in which the decision took place.
**
Beverages
Shop an amazing assortment of great beverages using our Amazon affiliate link below
**
Sound Smart: Plessy v. Ferguson | History
**
Breads and Bakery
Yummmmmmmmmmmmmm
**
Plessy v. Ferguson 163 U.S. 537 (1896) (50 Most Cited Cases)
The 7 to 1 ruling upheld state-imposed racial segregation. The Court ruled that separate facilities for blacks and whites satisfied the Fourteenth Amendment requirement of equal protection.
**
Breakfast Foods
Start your day with a delicious and nutritious Breakfast with the following link
**
Plessy v. Ferguson | The Gilded Age (1865-1898) | US history | Khan Academy
Plessy v. Ferguson was an 1896 Supreme Court case concerning whether “separate but equal” railway cars for black and white Americans violated the equal protection clause of the Fourteenth Amendment.
**
Candy and Chocolate
You deserve a break every once in a while. Look inside
**
Right to Ride: Streetcar Boycotts and African American Citizenship in the Era of Plessy v. Ferguson (The John Hope Franklin Series in African American History and Culture)
Through a reexamination of the earliest struggles against Jim Crow, Blair Kelley exposes the fullness of African American efforts to resist the passage of segregation laws dividing trains and streetcars by race in the early Jim Crow era. Right to Ride chronicles the litigation and local organizing against segregated rails that led to the Plessy v. Ferguson decision in 1896 and the streetcar boycott movement waged in twenty-five southern cities from 1900 to 1907. Kelley tells the stories of the brave but little-known men and women who faced down the violence of lynching and urban race riots to contest segregation.
**
Dairy Cheese and Eggs
Incredibly good, very nutritious and good for you, check out our Amazon affiliate link here
**
Plessy v. Ferguson: Tipping the Scale
**
We see the role of our courts and lawmakers to making laws that have a disparate impact on significant portions of our citiens. It is time to rethink the laws and ways of correcting the injustice. It all starts with each and every citizen.