Homer Plessy
Encyclopedia
Homer Plessy was the American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

 in the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 decision in Plessy v. Ferguson
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...

. Arrested, tried and convicted of a violation of one of Louisiana's racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...

 laws, he appealed through Louisiana state courts to the U.S. Supreme Court, and lost. The resulting "separate-but-equal" decision against him had wide consequences for civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 in the United States. The decision legalized state-mandated segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...

 anywhere in the United States, as long as the facilities provided for both blacks and whites were putatively "equal".

Plessy, born in 1862 on St. Patrick's Day, grew up at a time when black people in New Orleans could marry whomever they chose, sit in any streetcar seat, and attend integrated schools. As an adult, Homer Plessy found that those gains from the period of Federal occupation during the Civil War and the Reconstruction era had been abolished after troops were withdrawn in 1877.

On any other day in 1892, Plessy with his pale skin color could have ridden in the train car restricted to white passengers without notice. He was classified "7/8 white" or octoroon according to the language of the time. Although it is often interpreted as Plessy had only one great grandmother of African descent, both of his parents are identified as free persons of color on his birth certificate. The racial categorization is based on appearance rather than genealogy.

Hoping to strike down segregation laws, the Citizens' Committee of New Orleans (Comité des Citoyens) recruited Plessy to violate Louisiana's 1890 separate-car law. To pose a clear test, the Citizens' Committee gave advance notice of Plessy's intent to the railroad, which had opposed the law because it required adding more cars to its trains.

On June 7, 1892, Plessy bought a first-class ticket for the commuter train that ran to Covington, sat down in the car for white riders only and the conductor asked whether he was a colored man, Medley said. The committee also hired a private detective with arrest powers to take Plessy off the train at Press and Royal streets, to ensure that he was charged with violating the state's separate-car law.

Everything the committee plotted went as planned except for result, which was the Supreme Court decision in 1896.

By then the composition of the U.S. Supreme Court had gained a more segregationist tilt, and the committee knew it would likely lose. But it chose to press the cause anyway, Medley said. "It was a matter of honor for them, that they fight this to the very end."

Biography

Homer Plessy was born Homère Patrice Plessy March 17, 1862 in New Orleans, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...

 to Joseph Adolphe Plessy and Rosa Debergue, members of New Orleans' free people-of-color caste. Another in the free people-of-color caste was Plessy's compatriot, Walter L. Cohen
Walter L. Cohen
Walter L. Cohen, Sr. was an African American Republican politician and businessman in the U.S. state of Louisiana.The New Orleans native was the son of Bernard Cohen and the former Amelia Bingaman...

, who obtained an appointment as customs inspector from U.S. President William McKinley
William McKinley
William McKinley, Jr. was the 25th President of the United States . He is best known for winning fiercely fought elections, while supporting the gold standard and high tariffs; he succeeded in forging a Republican coalition that for the most part dominated national politics until the 1930s...

.

Homer Plessy's paternal grandfather was Germain Plessy, a white Frenchman born in Bordeaux
Bordeaux
Bordeaux is a port city on the Garonne River in the Gironde department in southwestern France.The Bordeaux-Arcachon-Libourne metropolitan area, has a population of 1,010,000 and constitutes the sixth-largest urban area in France. It is the capital of the Aquitaine region, as well as the prefecture...

 circa 1777. Germain Plessy 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
Toussaint L'Ouverture
François-Dominique Toussaint Louverture , also Toussaint Bréda, Toussaint-Louverture was the leader of the Haitian Revolution. His military genius and political acumen led to the establishment of the independent black state of Haiti, transforming an entire society of slaves into a free,...

 that wrested Haiti
Haiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...

 from Napoleon in the 1790s. Germain Plessy married Catherine Mathieu, a free woman of color, and they had eight children, including Homer Plessy's father, Joseph Adolphe Plessy.

Homer Plessy was born less than three months after the issuance of Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...

's Emancipation Proclamation
Emancipation Proclamation
The Emancipation Proclamation is an executive order issued by United States President Abraham Lincoln on January 1, 1863, during the American Civil War using his war powers. It proclaimed the freedom of 3.1 million of the nation's 4 million slaves, and immediately freed 50,000 of them, with nearly...

. His middle name would later appear as Adolphe after his father, a carpenter, on his birth certificate. His parents were classified as free people of color
Free people of color
A free person of color in the context of the history of slavery in the Americas, is a person of full or partial African descent who was not enslaved...

 or Creoles
Creole peoples
The term Creole and its cognates in other languages — such as crioulo, criollo, créole, kriolu, criol, kreyol, kreol, kriulo, kriol, krio, etc. — have been applied to people in different countries and epochs, with rather different meanings...

 of color, with African and French
French people
The French are a nation that share a common French culture and speak the French language as a mother tongue. Historically, the French population are descended from peoples of Celtic, Latin and Germanic origin, and are today a mixture of several ethnic groups...

 forebears. Adolphe Plessy died when Homer was seven years old, but in 1871, his mother Rosa Debergue Plessy, a seamstress, married Victor M. Dupart, a clerk for the U.S. Post Office
Post office
A post office is a facility forming part of a postal system for the posting, receipt, sorting, handling, transmission or delivery of mail.Post offices offer mail-related services such as post office boxes, postage and packaging supplies...

 who supplemented his income by working as a shoemaker. Plessy too became a shoemaker. During the 1880s, he worked at Patricio Brito’s shoe-making business on Dumaine Street near North Rampart
Rampart Street
Rampart Street is a historic avenue located in New Orleans, Louisiana.The upper end of the street is in the New Orleans Central Business District...

. New Orleans city directories from 1886-1924 list his occupations as shoemaker, laborer, clerk, and insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...

 agent.

In 1888, Plessy, then twenty-five years old, married nineteen-year old Louise Bordenave, with Plessy’s employer Brito serving as a witness. In 1889, the Plessys moved to Faubourg Tremé at 1108 North Claiborne Avenue. He registered to vote in the Sixth Ward
6th Ward of New Orleans
The 6th Ward or Sixth Ward is one of the seventeen Wards of New Orleans, located in the Downtown section of the city of New Orleans, Louisiana.-Boundaries:...

’s Third Precinct.

By 1887, Plessy became vice-president of the Justice, Protective, Educational, and Social Club, a group dedicated to reforming public education
Public education
State schools, also known in the United States and Canada as public schools,In much of the Commonwealth, including Australia, New Zealand, South Africa, and the United Kingdom, the terms 'public education', 'public school' and 'independent school' are used for private schools, that is, schools...

 in New Orleans.

At age thirty, shoemaker Homer Plessy was younger than most members of the Comité des Citoyens. He did not have their stellar political histories, literary prowess, business acumen, or law degrees. Indeed, his one attribute was being white enough to gain access to the train and black enough to be arrested for doing so. This shoemaker sought to make an impact on society that was larger than simply making its shoes. When Plessy was a young boy, his stepfather was a signatory to the 1873 Unification Movement—an effort to establish principles of equality in Louisiana. As a young man, Plessy displayed a social awareness and served as vice president of an 1880s educational-reform group. And in 1892, he volunteered for a mission rife with unpredictable consequences and backlashes. Comité des Citoyens lawyers Albion Tourgee, James C. Walker and Louis Martinet vexed over legal strategy. Treasurer Paul Bonseigneur handled finances. As a contributor to the Crusader
Crusader
- Military :* Crusader, a participant in one of the Crusades* Crusader states, states set up by the Europeans in the Middle East during The Crusades* Crusader tank, a British cruiser tank of World War II* HMS Crusader, three British naval ships...

newspaper, Rodolphe Desdunes inspired with his writings. Plessy's role consisted of four tasks: get the ticket, get on the train, get arrested, and get booked.

Plessy v. Ferguson

The Comité des Citoyens ("Citizens' Committee") was a civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 group made up of African Americans, whites, and Creole
Louisiana Creole people
Louisiana Creole people refers to those who are descended from the colonial settlers in Louisiana, especially those of French and Spanish descent. The term was first used during colonial times by the settlers to refer to those who were born in the colony, as opposed to those born in the Old World...

s. The committee vigorously opposed the recently enacted Separate Car Act
Separate Car Act
The Separate Car Act is a law passed by the Louisiana State Legislature in 1890 which required "equal, but separate" train car accommodations for Blacks and Whites.- History :...

 and other segregation laws. They retained a white New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 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
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...

's Separate Car law
Separate Car Act
The Separate Car Act is a law passed by the Louisiana State Legislature in 1890 which required "equal, but separate" train car accommodations for Blacks and Whites.- History :...

 that required the segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...

 of passenger trains by race. On June 7, 1892, Plessy, then thirty years old and resembling in skin color and physical features a white
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...

 male, bought a first-class ticket on the East Louisiana Railroad running between New Orleans and Covington
Covington, Louisiana
Covington is a city in and the parish seat of St. Tammany Parish, Louisiana, United States. The population was 8,483 at the 2000 census. It is located at a fork of the Bogue Falaya and the Tchefuncte River....

, 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
John Howard Ferguson
John Howard Ferguson was born the third and last child to baptist parents on June 10, 1838 in Chilmark/Tisbury, Massachusetts...

 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.

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
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...

began. Tourgée argued that the state of Louisiana had violated the Thirteenth Amendment
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...

, that granted freedom to the slaves, and the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

, 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
Henry Billings Brown
Henry Billings Brown was an associate justice of the Supreme Court of the United States from January 5, 1891, to May 28, 1906. He was the author of the opinion for the Court in Plessy v...

 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
John Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...

, a Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...

 Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

. 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
Separate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...

" 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
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...

and later outlawed completely by the federal Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...

. Though the Plessy case did not involve education, it formed the legal basis of separate school systems for the following fifty-eight years.

Plessy's life after the Supreme Court case

After 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 premiums 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.
Saint Louis Cemetery
Saint Louis Cemetery is the name of three Roman Catholic cemeteries in New Orleans, Louisiana. All of these graves are above ground vaults; most were constructed in the 18th century and 19th century....


Homer Plessy historical marker

The Plessy & Ferguson Foundation of New Orleans honored the successes of the civil rights movement February 12, 2009 by taking part in the placing of a historical marker at the corner of Press Street and Royal Street, the site of Homer Plessy’s arrest in New Orleans in 1892.

Keith Plessy and Phoebe Ferguson, descendants of the players on both sides of the Supreme Court case, appeared together on television station WLTV in New Orleans February 10, 2009. They announced the formation of the Plessy & Ferguson Foundation for Education, Preservation and Outreach. The foundation will work to create new ways to teach the history of civil rights through film, art, and public programs designed to create understanding of this historic case and its effect on the American conscience. Keith Plessy and Phoebe Ferguson appeared together at the site of the railroad tracks in New Orleans where Homer Plessy was denied seating.

Sources

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