An analysis of the case of plessy versus ferguson

Plessy v ferguson questions

People v. Walker and the other by Samuel F. It is claimed by the plaintiff in error that, in any mixed community, the reputation of belonging to the dominant race, in this instance the white race, is property in the same sense that a right of action or of inheritance is property. The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the negro except by an enforced commingling of the two races. For the reasons stated, I am constrained to withhold my assent from the opinion and judgment of the majority. If he be a white man and assigned to a colored coach, he may have his action for damages against the company for being deprived of his so-called property. Finally, and to the end that no citizen should be denied, on account of his race, the privilege of participating in the political control of his country, it as declared by the Fifteenth Amendment that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude. They removed the race line from our governmental systems. Ferguson dismissed his contention that the act was unconstitutional. It is true that the question of the proportion of colored blood necessary to constitute a colored person, as distinguished from a white person, is one upon which there is a difference of opinion in the different States, some holding that any visible admixture of black blood stamps the person as belonging to the colored race State v. Taney that African Americans were not entitled to the rights of U. The court in this case, however, expressly disclaimed that it had anything whatever to do with the statute as a regulation of internal commerce, or affecting anything else than commerce among the States. So that we have before us a state enactment that compels, under penalties, the separation of the two races in railroad passenger coaches, and makes it a crime for a citizen of either race to enter a coach that has been assigned to citizens of the other race. Background[ edit ] In , the state of Louisiana passed the Separate Car Act , which required separate accommodations for blacks and whites on railroads, including separate railway cars. By the Fourteenth Amendment, all persons born or naturalized in the United States and subject to the jurisdiction thereof are made citizens of the United States and of the State wherein they reside, and the States are forbidden from making or enforcing any law which shall abridge the privileges or immunities of citizens of the United States, or shall deprive any person of life, liberty, or property without due process of law, or deny to any person within their jurisdiction the equal protection of the laws.

So that we have before us a state enactment that compels, under penalties, the separation of the two races in railroad passenger coaches, and makes it a crime for a citizen of either race to enter a coach that has been assigned to citizens of the other race.

The managers of the railroad are not allowed to exercise any discretion in the premises, but are required to assign each passenger to some coach or compartment set apart for the exclusive use of his race.

West Virginia, U. Ferguson Significance The Plessy v. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.

Flood, 48 California 36; Bertonneau v. Ferguson dismissed his contention that the act was unconstitutional.

Plessy v ferguson significance

The information filed in the criminal District Court charged in substance that Plessy, being a passenger between two stations within the State of Louisiana, was assigned by officers of the company to the coach used for the race to which he belonged, but he insisted upon going into a coach used by the race to which he did not belong. Hall v. But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. The destinies of the two races in this country are indissolubly linked together, and the interests of both require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law. The distinction between laws interfering with the political equality of the negro and those requiring the separation of the two races in schools, theatres and railway carriages has been frequently drawn by this court. 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. All that we can consider is whether the State has the power to require that railroad trains within her limits shall have separate accommodations for the two races; that affecting only commerce within the State is no invasion of the power given to Congress by the commerce clause. Merchants' Bank, 6 How. Brown provided a major catalyst for the civil rights movement , which won social, not just political and civil, racial equality before the law. Acts , No. The case did not call for any expression of opinion as to the exact rights it was intended to secure to the colored race, but it was said generally that its main purpose was to establish the citizenship of the negro, to give definitions of citizenship of the United States and of the States, and to protect from the hostile legislation of the States the privileges and immunities of citizens of the United States, as distinguished from those of citizens of the States. Railroad, 23 Fed. Charles Sumner , is that, by the constitution and laws of Massachusetts, all persons without distinction of age or sex, birth or color, origin or condition, are equal before the law.

The proper construction of this amendment was first called to the attention of this court in the Slaughterhouse Cases, 16 Wall.

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. Hall v. A statute 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 reestablish a state of involuntary servitude.

plessy v ferguson summary
Rated 7/10 based on 49 review
Download
Plessy v. Ferguson