122 years ago today, a humble but brave shoemaker boarded a train.

Quantum Windbag

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May 9, 2010
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I know the liberals love to pretend that conservatives hate history, but I happen to love this story.

Homer Plessy was born Homère Patrice Plessy to French speaking Creole parents. His middle name was later changed to Adolphe, after his father. He was what was called an “octraoon,” meaning that he was 7/8 white, and had one-eighth African blood. He was light skinned, and could easily pass for white. In fact, 122 years ago today, Plessy bought a first-class ticket and boarded the “whites only” car. The Committee hired the private detective to arrest him and remove him from the train in order to create a court case. Plessy was not a lawyer or politician. His primary attribute that made him perfect for the assignment was that he was white enough to buy a ticket to a whites only coach, but black enough to be in violation of the segregation law. Incidentally, the railroad companies did not like the law. It meant that if even a single person of color bought a ticket, they had to add a “colored” car to the train, which would have otherwise been unnecessary.
After his arrest, he was taken to the Orleans Parish jail, where he stayed overnight. He was released the next day on $500 bond.
One month after his arrest, Plessy’s case was heard by Judge John Howard Ferguson. His lawyer, Albion Tourgee, argued that Plessy’s civil rights under the 13th and 14th Amendments had been violated. Judge Ferguson rejected this argument, ruling that Louisiana law gave the state the power to regulate railroads within the state, which included enforcing segregation laws.
The Louisiana State Supreme Court upheld Ferguson’s ruling. They did not allow a rehearing, but did allow a petition for writ of error. This petition was granted Certiorari by the US Supreme Court.

122 years ago today, a humble but brave shoemaker boarded a train. | JONATHAN TURLEY
 

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