The Disturbing Case Of Plessy v Ferguson

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It has been said, “There are no perfect men, only those with perfect intentions.” This could very well apply to Homer Adolphe Plessy. This brings me to the story of Homer Plessy’s decision to buy a railroad ticket for a train trip from New Orleans to Covington, which is on the other side of Lake Pontchartrain. It is significant because it resulted in a national policy of segregation that became known as “Separate but Equal” that lasted as the law of the land for over sixty years.

It was a setup from the start says New Orleans historian Keith Weldon Medley in his book “We as Freemen” who describes how the Comite des Citoyens (Committee of Citizens), an organization of free men of color, planned the legal strategy for more than a year. They meant to challenge the segregation law using the post-Civil War 14th Amendment’s equal-protection clause.

Plessy, a shoemaker from the Treme neighborhood, volunteered for the job and was the perfect candidate. Seven-eighths white but he was “colored” in the eyes of the law. He bought a first-class ticket, sat in the white rail car, and when asked to leave, he answered that he was colored, refused to leave and was arrested by a private detective. It had all been worked out in advance.

Homer Plessy’s paternal grandfather was Germain Plessy, a white Frenchman, arrived in New Orleans with thousands of other Haitian expatriates, who fled Haiti in the wake of the slave rebellion led by Toussaint L’Ouverture that wrested Haiti from Napoleon in the 1790’s. Homer Plessy was born less than three months after the issuance of Abraham Lincoln’s Emancipation Proclamation. The New Orleans city directory from 1886-1924 listed his occupations as shoemaker, laborer, clerk, and insurance agent.

As a young man, Plessy displayed a social awareness and served as vice president of the 1880’s educational reform group. At age thirty, shoemaker Homer Plessy was younger than most members of the Comité des Citoyens. His only attribute to this effort was being white enough to gain access to the train and black enough to be arrested for doing so. He volunteered for a mission rife with unpredictable consequences and backlashes. This shoemaker sought to make an impact on society that was larger than simply making its shoes.

The Comité des Citoyens (“Citizens’ Committee”) was a civil rights group made up of African Americans, whites, and Creoles. The committee vigorously opposed the recently enacted Separate Car Act and other segregation laws. They retained a white New York City attorney, Albion Winegar Tourgée, who had previously fought for the rights of African Americans.

In 1892, the Citizens’ Committee asked Plessy to agree to violate Louisiana’s Separate Car law that required the segregation of passenger trains by race. On June 7, 1892, Plessy, then thirty years old and resembling in skin color and physical features a white male, bought a first-class ticket on the East Louisiana Railroad running between New Orleans and Covington, the seat of St. Tammany Parish. He sat in the “whites-only” passenger car. When the conductor came to collect his ticket, Plessy told him that he was 7/8 white and that he refused to sit in the “blacks-only” car. Plessy was immediately arrested by Detective Chris C. Cain, put into the Orleans Parish jail, and released the next day on a $500 bond.

Plessy’s case was heard before Judge John Howard Ferguson one month after his arrest. Tourgée argued that Plessy’s civil rights, as granted by the Thirteenth and Fourteenth Amendments of the U.S. Constitution, had been violated. Ferguson denied this argument and ruled that Louisiana, under state law, had the power to set rules that regulated railroad business within its borders speaking to what segregationist call “States Rights.”

The Louisiana State Supreme Court affirmed Ferguson’s ruling and refused to grant a rehearing, but did allow a petition for writ of error. This petition was accepted by the United States Supreme Court and four years later, in April 1896, arguments for Plessy v. Ferguson began. Tourgée argued that the state of Louisiana had violated the Thirteenth Amendment that granted freedom to the slaves; and the Fourteenth Amendment, that stated, “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, and property, without due process of law.”

On May 18, 1896, Justice Henry Billings Brown delivered the majority opinion in favor of the State of Louisiana. In part, the opinion read, “The object of the Fourteenth Amendment was undoubtedly 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 on color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to the either. … If the two races are to meet upon terms of social equality, it must be the result of voluntary consent of the individuals.”

The lone dissenting vote was cast by Justice John Marshall Harlan, a Kentucky Republican. In his dissenting opinion, the first Justice Harlan wrote: “I am of opinion that the statute of Louisiana is inconsistent with the personal liberty of citizens, white and black, in that state and hostile to both the spirit and letter of the Constitution of the United States.”

The “Separate but Equal” doctrine, enshrined by the Plessy ruling, remained valid until 1954, when it was overturned by the Supreme Court decision in Brown v. Board of Education and later outlawed completely by the federal Civil Rights Act of 1964. Though the Plessy case did not involve education, it formed the legal basis of separate school systems for the following fifty-eight years.

22After the Supreme Court ruling, Plessy faded back into relative anonymity. He fathered children, continued to participate in the religious and social life of his community, and later sold and collected insurance for the People’s Life Insurance Company. Plessy died in 1925 at the age of sixty-one, with his obituary reading, “Homer Plessy — on Sunday, March 1, 1925, at 5:10 a.m. beloved husband of Louise Bordenave.” He was buried in the Debergue-Blanco family tomb in St. Louis Cemetery #1.

Know and understand where you came for in order to know where you are going. History often repeats itself and with the makeup of today’s Supreme Court, who knows what might develop. And that’s my Thought Provoking Perspective…

About Thought Provoking Perspectives

Welcome to Thought Provoking Perspectives a blog designed to be a potent source of empowering knowledge to broaden the information base with those who share my passion for the written word and the empowerment of thought. View all posts by Thought Provoking Perspectives

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