Subjects:
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
. . .
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. 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. Indeed we do not understand that the
plaintiff strenuously relies upon the thirteenth amendment. 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
persecuted. It also gave the civil rights movement
a pretty good kick-start. Plessy’s argument was that the Louisiana Act did
not apply to him being more of white descent. 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. I
feel that this is one of the most influential cases to ever
reach the Supreme Court. 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. Without crucial decisions such as
these, I do not feel that our country would be where it is
today. The main
point of Plessy’s argument was based on the fact of it
being unconstitutional of the act of general assembly. 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. In
response, the district attorney on behalf of the state of
Louisiana filled a demurrer.
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