who was the lawyer in plessy vs ferguson

by Dr. Emerson Blanda 6 min read

Ferguson was represented by Louisiana Attorney General M.J. Cunningham and Plessy by F.D. McKenney and S.F. Phillips. On April 13, 1896, Plessy's lawyers argued before the Supreme Court in Washington, D.C., that Louisiana had violated Plessy's Fourteenth Amendment right to equal protection under the law.

Why did Plessy Sue Ferguson?

When Plessy was told to vacate the whites-only car, he refused and was arrested. At trial, Plessy’s lawyers argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendments. The judge found that Louisiana could enforce this law insofar as it affected railroads within its boundaries. Plessy was convicted.

What brought Plessy v Ferguson to court?

Oct 28, 2009 · At the heart of the case that became Plessy v. Ferguson was a law passed in Louisiana in 1890 “providing for separate railway carriages for the white and colored races.” It stipulated that all ...

Why was Plessy vs Ferguson considered a landmark case?

May 03, 2019 · Two remarkable characters played major roles in the case: attorney and activist Albion Winegar Tourgée, who argued Plessy’s case, and Justice John Marshall Harlan of the U.S. Supreme Court, who was the sole dissenter from the court’s decision. Activist and Attorney, Albion W. Tourgée

What court case overturned Plessy versus Ferguson?

Plessy was arrested for violating the Separate Car Act and argued in court that the act violated the 13th and 14th Amendments to the Constitution. After losing twice in the lower courts, Plessy took his case to the U.S. Supreme Court, which upheld the previous decisions that racial segregation is constitutional under the "separate but equal ...

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What did Plessy's lawyers say?

At trial, Plessy's lawyers argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendments. The judge found that Louisiana could enforce this law insofar as it affected railroads within its boundaries. Plessy was convicted.

Who were the participants in the Plessy vs Ferguson case?

Homer Adolph Plessy, who agreed to be the plaintiff in the case aimed at testing the law's constitutionality, was of mixed race; he described himself as “seven-eighths Caucasian and one-eighth African blood.”Jan 20, 2022

Which Supreme Court case overturned Plessy versus Ferguson?

The Supreme Court overruled the Plessy decision in Brown v. the Board of Education on May 17, 1954.

Who voted for Plessy?

Plessy is widely regarded as one of the worst decisions in U.S. Supreme Court history. Despite its infamy, the decision has never been explicitly overruled....Plessy v. FergusonCase opinionsMajorityBrown, joined by Fuller, Field, Gray, Shiras, White, PeckhamDissentHarlan17 more rows

What was the significance of Plessy v. Ferguson?

Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark decision made by the U.S. Supreme Court that codified the constitutional doctrine for racial segregation laws. In the eyes of the court as long as the segregated facilities were equal in quality, African-Americans could be served separately from the white population.

Who are Keith Plessy and Phoebe Ferguson?

In 2009, Keith Plessy and Phoebe Ferguson, descendants of participants on both sides of the 1896 Supreme Court case, announced establishing the Plessy and Ferguson Foundation for Education and Reconciliation.

What was the Plessy decision?

Sandford, in which the Court ruled that black Americans could not be citizens under the U.S. Constitution, and that its legal protections and privileges could never apply to them.

What was the law in Plessy v. Louisiana?

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, 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.

What car did Plessy ride in?

However, under Louisiana law, he was classified as black, and thus required to sit in the "colored" car. On June 7, 1892, Plessy bought a first-class ticket at the Press Street Depot and boarded a "Whites Only" car of the East Louisiana Railroad in New Orleans, Louisiana, bound for Covington, Louisiana.

What was the law that required blacks to sit in separate cars?

In 1890, the state of Louisiana passed the Separate Car Act, which required separate accommodations for blacks and whites on railroads, including separate railway cars. Concerned, a group of prominent black, creole of color, and white creole New Orleans residents formed the Comité des Citoyens (Committee of Citizens) dedicated to repeal the law or fight its effect. They persuaded Homer Plessy, a man of mixed race who was an " octoroon " (person of seven-eighths white and one-eighth black ancestry), to participate in an orchestrated test case. Plessy was born a free man and was a fair-skinned man of color. However, under Louisiana law, he was classified as black, and thus required to sit in the "colored" car.

What did the Louisiana court reject?

The Court rejected Plessy' s arguments that the Louisiana law inherently implied that black people were inferior. With the strike of a gavel the court ushered in racial segregation in the United States by giving states the power to enact criminal statutes that separated black people from society.

What was the significance of Plessy v. Ferguson?

Plessy v. Ferguson was a landmark 1896 U.S. Supreme Court decision that upheld the constitutionality of racial segregation under the “separate but equal” doctrine. The case stemmed from an 1892 incident in which African American train passenger Homer Plessy refused to sit in a car for Black people.

When was the Supreme Court's ruling in Plessy v. Ferguson?

Then, on May 18, 1896, the Supreme Court delivered its verdict in Plessy v. Ferguson.

What happened to Plessy in 1892?

On June 7, 1892, Plessy bought a ticket on a train from New Orleans bound for Covington, Louisiana, and took a vacant seat in a whites-only car. After refusing to leave the car at the conductor’s insistence, he was arrested and jailed. Convicted by a New Orleans court of violating the 1890 law, Plessy filed a petition against the presiding judge, ...

What was the Black resistance to segregation?

As Southern Black people witnessed with horror the dawn of the Jim Crow era, members of the Black community in New Orleans decided to mount a resistance. At the heart of the case that became Plessy v. Ferguson was a law passed in Louisiana in 1890 “providing for separate railway carriages for ...

When did the Supreme Court concur with Harlan's opinion in Plessy v. Ferguson?

It would not be until the landmark case Brown v. Board of Education in 1954 , at the dawn of the civil rights movement, that the majority of the Supreme Court would essentially concur with Harlan’s opinion in Plessy v. Ferguson ..

What happened after the compromise of 1877?

After the Compromise of 1877 led to the withdrawal of federal troops from the South, Democrats consolidated control of state legislatures throughout the region, effectively marking the end of Reconstruction.

Who was the judge that Plessy sued?

Convicted by a New Orleans court of violating the 1890 law, Plessy filed a petition against the presiding judge, Hon. John H. Ferguson, claiming that the law violated the Equal Protection Clause of the 14th Amendment. Recommended for you.

What was the Supreme Court decision in Plessy v. Ferguson?

Ferguson established that the policy of “separate but equal” was legal and states could pass laws requiring segregation of the races. By declaring that Jim Crow laws were constitutional, the nation’s highest court created an atmosphere of legalized discrimination ...

Who argued Plessy's case?

Two remarkable characters played major roles in the case: attorney and activist Albion Winegar Tourgée, who argued Plessy’s case, and Justice John Marshall Harlan of the U.S. Supreme Court, who was the sole dissenter from the court’s decision.

What did Harlan do in the Plessy case?

And his dissent in the Plessy case could be considered his masterpiece in reasoning against the prevailing racial attitudes of his era.

What was the second paragraph of the Harlan v. Harlan case?

The second paragraph was devoted to Harlan's dissent: "Mr. Justice Harlan announced a very vigorous dissent, saying that he saw nothing but mischief in all such laws.

Which court held that equal but separate accommodations for White and Black people did not violate the Equal Protection Clause of the 14

Dissenting: Justice Harlan. Ruling: The court held that equal but separate accommodations for White and Black people did not violate the Equal Protection Clause of the 14th Amendment. Plessy v. Ferguson. On June 7, 1892 a New Orleans shoemaker, Homer Plessy, bought a railroad ticket and sat in a car designated for White people only.

What party was Harlan in?

He served as a Union officer in the Civil War, and following the war, he became involved in politics, aligned with the Republican Party. He was appointed to the Supreme Court by President Rutherford B. Hayes in 1877. On the highest court, Harlan developed a reputation for dissenting.

Where was Plessy arrested?

He was arrested and released on bail the same day. Plessy was later put on trial in a court in New Orleans. Plessy’s violation of the local law was actually a challenge to a national trend toward laws separating the races.

Which court did Plessy take his case to?

After losing twice in the lower courts, Plessy took his case to the U.S. Supreme Court, which upheld the previous decisions that racial segregation is constitutional under the "separate but equal" doctrine.

Why was Homer Plessy arrested?

Plessy was arrested for violating the Separate Car Act and argued in court that the act violated the 13th and 14th Amendments to the Constitution.

What was the penalty for sitting in the wrong car in Louisiana?

The penalty for sitting in the wrong car was a fine of $25 or 20 days in jail.

What was the 14th amendment?

“The object of the [14th] 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 upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.”

What was the significance of Plessy v. Ferguson?

Ferguson. In 1896, the U.S. Supreme Court upheld state-imposed racial segregation in Plessy v. Ferguson, a civil rights case involving Louisiana train cars. One of the most famous Supreme Court decisions, the case solidified the "separate but equal" doctrine as the law of the land and allowed racially divisive "Jim Crow" ...

Why was Plessy arrested?

Plessy was arrested and convicted by a New Orleans court of violating Louisiana's Separate Car Act. With the help of the Comite, he filed a civil rights complaint against the presiding judge, John H. Ferguson, arguing that the law was unconstitutional under the 14th Amendment's Equal Protection Clause.

What states were contested in the 1876 presidential election?

The 1876 Presidential Election hinged on disputed vote counts in three states: Florida, Louisiana, and South Carolina. They also happened to be the only three states that still had Reconstruction-era Republicans controlling the government. At the beginning of 1877, a bipartisan commission in Congress debated whether to proclaim Rutherford B. Hayes (a Republican) the winner of the election. Allies of Hayes met with a few moderate southern Democrats in secret to negotiate an informal agreement known as the Compromise of 1877.

What was the purpose of the reconstruction after the Civil War?

After the Civil War, efforts began in southern states and nationwide to pass laws that would protect the rights of African Americans. This was known as "Reconstruction.". It was a turbulent time, where 4 million people who were previously enslaved were suddenly integrating into American society.

When did Plessy get his train ticket?

On June 7, 1892, Plessy purchased a first-class train ticket on the East Louisiana Railway and sat in the separate car reserved for white passengers. He informed the conductor that he was seven-eighths white, according to the Comite's plan. When he was asked to move, he refused.

Who was the shoemaker who helped repeal the law?

In 1891, a group of New Orleans residents known as the Comite de Citoyens approached a mixed-race man named Homer Plessy and asked him to help them get the law repealed. A 30-year-old shoemaker, Plessy identified himself as seven-eighths white and one-eighth black.

Which amendments gave the right to vote to former slaves?

In 1870, Congress approved the 15th Amendment, which states that a person's right to vote cannot be denied based on race.

Who was Plessy v. Ferguson?

PLESSY. v. FERGUSON. No. 210. May 18, 1896. This was a petition for writs of prohibition and certiorari originally filed in the supreme court of the state by Plessy, the plaintiff in error, against the Hon. John H. Ferguson, judge of the criminal district court for the parish of Orleans, and setting forth, in substance, the following facts: ...

Which court held that the general school committee of Boston had power to make provision for the instruction of colored children in separate schools

City of Boston, 5 Cush. 198, in which the supreme judicial court of Massachusetts held that the general school committee of Boston had power to make provision for the instruction of colored children in separate schools established exclusively for them, and to prohibit their attendance upon the other schools.

What act provided for separate carriages for the white and colored races?

This case turns upon the constitutionality of an act of the General Assembly of the State of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races. Acts 1890, No. 111, p. 152. The first section of the statute enacts.

What act provides for equal accommodations for white and colored race?

Acts 1890, No. 111, p. 152. The first section of the statute enacts 'that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by ...

What is slavery in the United States?

Slavery implies involuntary servitude, —a state of bondage; the ownership of mankind as a chattel, or, at least, the control of the labor and services of one man for the benefit of another, and the absence of a legal right to the disposal of his own person, property, and services.

Which amendment does not invest Congress with power to legislate upon subjects that are within the [p547]domain

In delivering the opinion of the court, Mr. Justice Bradley observed that the Fourteenth Amendment. does not invest Congress with power to legislate upon subjects that are within the [p547]domain of state legislation, but to provide modes of relief against state legislation or state action of the kind referred to.

Which amendment provides for relief against state legislation?

In delivering the opinion of the court, Mr. Justice Bradley observed that the fourteenth amendment 'does not invest congress with power to legislate upon subjects that are within the domain of state legislation, but to provide modes of relief against state legislation or state action of the kind referred to.

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Overview

Significance

Plessy legitimized 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, such as in the Boston school segregation case noted by Justice Brown in his majority opinion. Legislative achievements won during the Reconstruction Erawere erased through means of the "separat…

Background

In 1890, the state of Louisiana passed the Separate Car Act, which required separate accommodations for blacks and whites on railroads, including separate railway cars. Concerned, a group of prominent black, creole of color, and white creole New Orleans residents formed the Comité des Citoyens (Committee of Citizens) dedicated to repeal the law or fight its effect. They persuaded Homer Plessy, a man of mixed race who was an "octoroon" (person of seven-eighths …

Decision

On May 18, 1896, the Supreme Court issued a 7–1 decision against Plessy that upheld the constitutionality of Louisiana's train car segregation laws.
Seven justices formed the Court's majority and joined an opinion written by justice Henry Billings Brown. The Court first dismissed any claim that the Louisiana law violated the Thirteenth Amendment, which, in the majority's opini…

Aftermath

After the Supreme Court ruling, Plessy's criminal trial went ahead in Ferguson's court in Louisiana on February 11, 1897. Plessy changed his plea to "guilty" of violating the Separate Car Act, which carried a $25 fine or 20 days in jail. He opted to pay the fine. The Comité des Citoyens disbanded shortly after the trial's end.

See also

• Anticanon
• Dred Scott
• List of 14th amendment cases
• Loving v. Virginia
• Lum v. Rice

External links

• Works related to Plessy v. Ferguson at Wikisource
• Text of Plessy v. Ferguson, 163 U.S. 537 (1896) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress
• Plessy v. Ferguson from the Library of Congress