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plessy vs ferguson

plessy vs ferguson This was a petition filed in the supreme court of Louisiana in 1896, by Homer Plessy, the plaintiff. He filed this petition against the Honorable John H. Ferguson, judge of The petitioner was a citizen of the United States and a descent meaning he had both white and African American ethnic backgrounds. Keep in mind that at this time Blacks were not considered equal to whites. Mr. Plessy to be exact was seven-eights Caucasian and one-eighth African American blood. The amount of African American in his blood was hardly discernable to say the least. He therefore felt he was entitled to every recognition, rights, privileges, and immunities secured to the citizens of the United States of the of the white race by its constitution and laws, that on June 7, 1892, he engaged and paid for a first class passage on the East Louisiana Railway. The trip from New Orleans to Covington, in the same state, and thereupon entered a passenger train, and took possession of a vacant seat in a coach where passengers of the white race were accommodated, that such railroad company was incorporated by the laws of Louisiana as a common carrier. It was not authorized to distinguished between citizens according to their race, but, the petitioner was required by the conductor, under the penalty of ejection from the white car, he was then imprisoned by the conductor aided by a police officer, for no other reason than race he was imprisoned. With the help of police officers they hurried him off the train and took him immediately to the county Parish’s office. In New Orleans there held to answer a charge made by such officer the effect that he was guilty of having criminally violating an act of the general assembly of the state, approved on July 10,1890, in such case made and provided. Mr. Plessy was then brought before the recorder of the city for preliminary examination, and committed for trial to the criminal district court for the parish of Orleans, where information was filed him in the matter set forth, for a violation of Louisiana act. Mr. Plessy’s argument was that the Louisiana Act did not apply to him being more of white descent. The main point of Plessy’s argument was based on the fact of it being unconstitutional of the act of general assembly. In response, the district attorney on behalf of the state of Louisiana filled a demurrer. Upon the issuing of such demurrer, overruled the plea of the court be enjoined by a writ of prohibition from further proceeding in such case, the court will proceed to fine and sentence the petitioner to imprisonment and thus deprive him of his constitutionality of the act under which he was being Upon the filing of this petition, an order was issued Upon the respondent to show cause why a writ of prohibition should not issue, and be made perpetual and a further order that the record of the proceedings had the criminal cause be certified and transmitted to the Supreme Court. The first section of the statue enacts that all railway companied caring passengers in their coaches in their passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodation provided that this section shall not be construed to apply to street railroads. No Person or person shall be permitted to occupy seats in coach, other that the ones assigned to them on account of the race they belong to. The colored race, the said Plessy declined and refused, either by pleading or otherwise, to admit that he was in any sense or in any proprtion a color man. The case coming on for hearing before the Supreme Court, that court was of opinion that the law under which the prosecution has was constitution and denied the relief prayed for by the petitioner. Where Plessy asked for a writ of error from this court, which was allowed by the chief justice of the supreme court of Louisiana. The fact that he has an eight black in him raised the question of whether it was constitutional or not. The constitutionality of this act conflict both with the thirteenth amendment of the fourteenth amendment, which prohibits certain restrictive legislation on the part of the state. That it does not conflict with the thirteenth amendment, which abolished slavery and involuntary servitude, except a punishment for crime, is to clear for arraignment. 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 ans disposal of his own person, property and services. This amendment was said in they slaughter house A statue which implies merely a legal distinction between the white and colored races, a distinction which is founded in the color of the two races, and which must always exist so long as white men are distinguished from the other race by color has no tendency to destroy the legal equality of the two races, or re-establish a state of involuntary servitude. Indeed we do not understand that the plaintiff strenuously relies upon the thirteenth amendment. This case was one that really brought about a reform in civil right laws. It also gave the civil rights movement a pretty good kick-start. This case was a sound decision 9- 0. This rare thing for 9 Supreme Court justices to agree on a decision. But whereas they thought this decision would end the entire civil rights dispute, the decision only enraged blacks and civil rights activist into fighting harder to correct the problems facing American society. I feel that this is one of the most influential cases to ever reach the Supreme Court. Without crucial decisions such as these, I do not feel that our country would be where it is Bibliography:

Word Count: 988