Mixed Race Studies

Plessy v. Ferguson (1896)

The Rise and Fall of Jim Crow
Public Broadcasting Service (PBS)
2002

Richard Wormser, Series producer, Co-writer

Jim Crow was not a person, yet affected the lives of millions of people. Named after a popular 19th-century minstrel song that stereotyped African Americans, “Jim Crow” came to personify the system of government-sanctioned racial oppression and segregation in the United States.

In June 7, 1892, 30-year-old Homer Plessy was jailed for sitting in the “White” car of the East Louisiana Railroad. Plessy could easily pass for white but under Louisiana law, he was considered black despite his light complexion and therefore required to sit in the “Colored” car. He was a Creole of Color, a term used to refer to black persons in New Orleans who traced some of their ancestors to the French, Spanish, and Caribbean settlers of Louisiana before it became part of the United States. When Louisiana passed the Separate Car Act, legally segregating common carriers in 1892, a black civil rights organization decided to challenge the law in the courts. Plessy deliberately sat in the white section and identified himself as black. He was arrested and the case went all the way to the United States Supreme Court. Plessy’s lawyer argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution. In 1896, the Supreme Court of the United States heard the case and held the Louisiana segregation statute…

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Plessy v. Ferguson: Race and Inequality in Jim Crow America

University Press of Kansas
April 2012
224 pages
5-1⁄2 x 8-1⁄2
Cloth ISBN 978-0-7006-1846-0
Paper ISBN 978-0-7006-1847-7

Williamjames Hull Hoffer, Associate Professor of History
Seton Hall University, South Orange, New Jersey

Six decades before Rosa Parks boarded her fateful bus, another traveler in the Deep South tried to strike a blow against racial discrimination—but ultimately fell short of that goal, leading to the Supreme Court’s landmark 1896 decision in Plessy v. Ferguson. Now Williamjames Hull Hoffer vividly details the origins, litigation, opinions, and aftermath of this notorious case.

In response to the passage of the Louisiana Separate Car Act of 1890, which prescribed “equal but separate accommodations” on public transportation, a group called the Committee of Citizens decided to challenge its constitutionality. At a pre-selected time and place, Homer Plessy, on behalf of the committee, boarded a train car set aside for whites, announced his non-white racial identity, and was immediately arrested. The legal deliberations that followed eventually led to the Court’s 7-1 decision in Plessy, which upheld both the Louisiana statute and the state’s police powers. It also helped create a Jim Crow system that would last deep into the twentieth century, until Brown v. Board of Education in 1954 and other cases helped overturn it.

Hoffer’s readable study synthesizes past work on this landmark case, while also shedding new light on its proceedings and often-neglected historical contexts. From the streets of New Orleans’ Faubourg Tremé district to the justices’ chambers at the Supreme Court, he breathes new life into the opposing forces, dissecting their arguments to clarify one of the most important, controversial, and socially revealing cases in American law. He particularly focuses on Justice Henry Billings Brown’s ruling that the statute’s “equal, but separate” condition was a sufficient constitutional standard for equality, and on Justice John Marshall Harlan’s classic dissent, in which he stated, “Our Constitution is color-blind, and neither knows nor tolerates classes among its citizens.”

Hoffer’s compelling reconstruction illuminates the controversies and impact of Plessy v. Ferguson for a new generation of students and other interested readers. It also pays tribute to a group of little known heroes from the Deep South who failed to hold back the tide of racial segregation but nevertheless laid the groundwork for a less divided America.

‘Plessy v. Ferguson’: Who Was Plessy?

The Root
2013-06-10

Henry Louis Gates Jr., Alphonse Fletcher University Professor of History
Harvard University

100 Amazing Facts About the Negro: Learn about the man whose case led to decades of legal segregation.

Amazing Fact About the Negro No. 35: Who was the Plessy in the Plessy v. Ferguson Supreme Court case that established the separate-but-equal policy for separating the races?

‘How many mysteries have begun with the line, “A man gets on a train … “? In our man’s case, it happens to be true, and there is nothing mysterious about his plan. His name is Homer Plessy, a 30-year-old shoemaker in New Orleans, and on the afternoon of Tuesday, June 7, 1892, he executes it perfectly by walking up to the Press Street Depot, purchasing a first-class ticket on the 4:15 East Louisiana local and taking his seat on board. Nothing about Plessy stands out in the “whites only” car. Had he answered negatively, nothing might have.

Instead, as historian Keith Weldon Medley writes, when train conductor J.J. Dowling asks Plessy what all conductors have been trained to ask under Louisiana’s 2-year-old Separate Car Act—”Are you a colored man?”—Plessy answers, “Yes,” prompting Dowling to order him to the “colored car.” Plessy’s answer started off a chain of events that led the Supreme Court to read “separate but equal” into the Constitution in 1896, thus allowing racially segregated accommodations to become the law of the land.

Here’s what happens next on the train: If a few passengers fail to notice the dispute the first or second time Plessy refuses to move, no one can avoid the confrontation when the engineer abruptly halts the train so that Dowling can dart back to the depot and return with Detective Christopher Cain. When Plessy resists moving to the Jim Crow car once more, the detective has him removed, by force, and booked at the Fifth Precinct on Elysian Fields Avenue. The charge: “Viol. Sec. 2 Act 111, 1890” of the Louisiana Separate Car Act, which, after requiring “all railway companies [to] provide equal but separate accommodations for the white, and colored races” in Sec. 1, states that “any passenger insisting on going into a coach or compartment to which by race he does not belong, shall be liable to a fine of twenty-five dollars, or in lieu thereof to imprisonment for a period of not more than twenty days in the parish prison.”

It takes only 20 minutes for Homer Plessy to get bounced from his train, but another four years for him to receive a final decision from the United States Supreme Court. He is far from alone in the struggle. The 18-member citizens group to which Plessy belongs, the Comité des Citoyens of New Orleans (made up of “civil libertarians, ex-Union soldiers, Republicans, writers, a former Louisiana lieutenant governor, a French Quarter jeweler and other professionals,” according to Medley), has left little to chance.

In fact, every detail of Plessy’s arrest has been plotted in advance with input from one of the most famous white crusaders for black rights in the Jim Crow era: Civil War veteran, lawyer, Reconstruction judge and best-selling novelist Albion Winegar Tourgée, of late a columnist for the Chicago Inter-Ocean who will oversee Plessy’s case from his Mayville, N.Y., home, which Tourgée calls “Thorheim,” or “Fool’s House,” after his popular novel, A Fool’s Errand (1879). Even the East Louisiana Railroad, conductor Dowling and Detective Cain are in on the scheme.

Critically important to the legal team is Plessy’s color—that he has “seven eighths Caucasian and one eighth African blood,” as Supreme Court Justice Henry Billings Brown will write in his majority opinion, an observation that refers to the uniquely American “one drop rule” that a person with any African blood, no matter how little, is considered to be black. That Plessy’s particular “mixture of colored blood” means it is “not discernible” to the naked eye is not the only thing misunderstood about his case…

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We as Freemen: Plessy v. Ferguson

Pelican Publishing Company
2003
176 pages
5½ x 8½
20 photos – Notes – Index
ISBN: 1-58980-120-2
EAN: 978-1-58980-120-2 hc

Keith Weldon Medley

In June 1892, a thirty-year-old shoemaker named Homer Plessy bought a first-class railway ticket from his native New Orleans to Covington, north of Lake Pontchartrain. The two-hour trip had hardly begun when Plessy was arrested and removed from the train. Though Homer Plessy was born a free man of color and enjoyed relative equality while growing up in Reconstruction-era New Orleans, by 1890 he could no longer ride in the same carriage with white passengers. Plessy’s act of civil disobedience was designed to test the constitutionality of the Separate Car Act, one of the many Jim Crow laws that threatened the freedoms gained by blacks after the Civil War. This largely forgotten case mandated separate-but-equal treatment and established segregation as the law of the land. It would be fifty-eight years before this ruling was reversed by Brown v. Board of Education.

Keith Weldon Medley brings to life the players in this landmark trial, from the crusading black columnist Rodolphe Desdunes and the other members of the Comité des Citoyens to Albion W. Tourgee, the outspoken writer who represented Plessy, to John Ferguson, a reformist carpetbagger who nonetheless felt that he had to judge Plessy guilty.

Mark Twain and Homer Plessy

Representations
Number 24, Special Issue: America Reconstructed, 1840-1940 (Autumn, 1988)
pages 102-128

Eric J. Sundquist, Andrew W. Mellon Professor of the Humanities
Johns Hopkins University

The carnivalesque drama of doubling, twinship, and masquerade that constitutes Pudd’nhead Wilson and its freakishly extracted yet intimately conjoined story, “Those Extraordinary Twins,” is likely to remain misread and controversial in estimations of Mark Twain’s literary achievement as long as the work’s virtual mimicry of America’s late-nineteenth-century race crisis is left out of account. Readers have, of course, often found a key to the novel’s interpretation in the notorious “fiction of law and custom” that makes the “white” slave Roxy legally “black” by allowing one-sixteenth of her blood to “outvote” the rest (8-9). Like so many parodic moments in the book, however. Twain’s joke about voting speaks not simply to general anxieties about miscegenation but more particularly to the deliberate campaign to disfranchise blacks and strip them of legal protections that was underway by the early 1890s. Built of the brutal artifice of racial distinctions, both American law and American custom conspired to punish black men and women in the post-Reconstruction years, and Twain’s bitter failed fiction, verging on allegory but trapped in unfinished burlesque, has been thought to participate in the black nadir without artistically transcending it or, conversely, without reaching its broader historical implications.

As Hershel Parker and others have demonstrated in detail, Twain’s chaotic process of composition and his unconcerned interchange of various manuscript versions make it impossible to place much weight on authorial intention narrowly defined. Yet this hardly leads to the conclusion that Twain’s vision had no coherent meaning or that his own comic rationale, contained in the opening of “Those Extraordinary Twins,” reveals nothing of significance about the texts critique of contemporary race theory or Twain’s authorial involvement in that critique. Indeed, one might rather argue that the confusion and seeming flaws in the manuscript and the published text, while largely attributable to his haste to produce a book that would ameliorate his financial problems, are also a measure of the social and psychic turmoil that Twain, not least as a liberal Southerner living and working in the North, felt in the post-Reconstruction years. The key phenomena in late-nineteenth-century race relations have just as much place in determining the text’s range of implication, its meaning, as do such mechanical factors as compositional sequence and manuscript emendations. Preoccupied with relevant but improperly construed issues of aesthetic unity and verisimilitude, critics have typically missed the primary ways in which Pudd’nhead Wilson (1894) and its attached tale of the Italian Siamese twins involves itself in the…

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In search of the power of whiteness: A genealogical exploration of negotiated racial identities in America’s ethnic past

Communication Quarterly
Volume 50, Issue 3-4 (2002)
pages 391-409
DOI: 10.1080/01463370209385674

Roberto Avant‐Mier, Associate Professor of Communication
University of Texas, El Paso

Marouf Hasian Jr., Professor of Communation
University of Utah

In this essay, the authors explore some of the relational, intersectional, and contextual dimensions of negotiated racial identities. By employing a genealogical method of analysis that looks at three key cases (Anastasie Desarzant, Homer Plessy, and Suzie Phipps), they investigate how various historically‐situated communities in Louisiana have dealt with some of the contradictions, multiplicities and tensions of racial and ethnic identity formation. They then apply these insights in an analysis of issues relating to colorblindness versus color consciousness and commentaries on contemporary examples of how negotiated identities might affect various present‐day publics, debates, and politics.

Americans have always had ambivalent feelings regarding the question of what to do about the nation’s racial identities, and this was especially true when citizens had to deal with the ambiguities of the Enlightenment ideals. During the time of the Founders, civic leaders talked about the importance of the notion that “all men [sic] are created equal,” but when these ideals were put into practice, they had to compete with the economic and social hierarchies that were considered to be mirrors of natural inequalities. Given these normative expectations, it should come as no surprise that in 1790, the first Congress voted that a person must be “white” in order to be a citizen (Nakayama & Krizek, 1995; Omi & Winant, 1994; Roediger, 1994). Since that time, the very notion of what it means to have either a “racial” or an “ethnic” identity has gotten even more complicated, as layers of legal, political, and cultural meanings have pulled us in the competing directions of defending either color con-…

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Plessy and Ferguson unveil plaque today marking their ancestors’ actions

New Orleans Times-Picayune
2009-02-11

Katy Reckdahl

Today, Plessy versus Ferguson becomes Plessy and Ferguson, when descendants of opposing parties in the landmark U.S. Supreme Court segregation case stand together to unveil a plaque at the former site of the Press Street Railroad Yards.

Standing behind Keith Plessy and Phoebe Ferguson will be a large group of students, scholars, officials and activists who worked for years to honor the site where in 1892, Tremé shoemaker Homer Plessy, a light-skinned black man, was arrested for sitting in a railway car reserved for white people.

People often think that his ancestor held some responsibility for the legalized segregation known as “separate but equal, ” said Keith Plessy, 52, a longtime New Orleans hotel bellman whose great-grandfather was Homer Plessy’s first cousin. In actuality, Homer Plessy boarded that train as part of a carefully orchestrated effort to create a civil-rights test case, to fight the proliferation of segregationist laws in the South…

…Plessy, born in 1863 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, Medley said. But as an adult, those gains from the Reconstruction era eroded.
 
On any other day in 1892, Plessy could have ridden in the car restricted to white passengers without notice. According to the parlance of the time, he was classified “7/8 white.”
 
In order to pose a clear test to the state’s 1890 separate-car law, the Citizens’ Committee in advance notified 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 the final 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.”…

…”You don’t know American history until you know Louisiana history, ” Plessy said…

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Impurely Raced // Purely Erased: Toward a Rhetorical Theory of (Bi)Racial Passing

University of Southern California
May 2009
348 pages

Marcia Alesan Dawkins, Visiting Scholar
Brown University

Dissertation Presented to the FACULTY OF THE GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY (COMMUNICATION)

This dissertation develops a theory about the interrelations between mixed race identification and passing as they pertain to the field of rhetoric and to United States slavery and segregation settings. I introduce the concept of (bi)racial passing to argue that passing is a form of rhetoric that identifies and represents passers intersectionally via synecdoche. In Chapter One I introduce the rhetorical, cultural, and conceptual significances of passing based on a review of the literature. I introduce the central argument of the project by proposing a theory of (bi)racial passing that considers the problems and possibilities of mixed race representation and mobility as a bridge between Platonic episteme and Sophistic doxa as well as between the material and symbolic components of biracial categorization. Chapter Two considers the historical narrative of Ellen Craft at the intersection of synecdoche and irony to highlight and transgress real and imagined borders that stretch beyond a simple consideration of race. Taking up the issue of appropriation through a detailed critique of the Supreme Court case Plessy v. Ferguson, my third chapter considers passing as an antecedent form of identity theft and as a form of resistance. In contrast to the cases examined in these chapters, my fourth chapter explores Harper’s Iola Leroy, as a fictional account of passing that ties synecdoche to eloquence, articulating the tension between the threat of passing contained in the Plessy ruling and its relation to contemporary attempts at measuring discrimination at the intersection of race, class, and gender.

My fifth chapter takes a turn by exploring the literary and cinematic versions of The Human Stain, as contemporary narratives of passing based on tragedy and synecdoche in the context of minstrel performance and Jim and Jane Crow segregation. My last chapter fleshes out the theory introduced in the first, working toward a theory of (bi)racial passing that rethinks inadequate dichotomies of episteme vs. doxa as well as white vs. black. Then, blending the critical race theory of intersectionality with rhetorical personae I explain the significances of synecdoche, metonymy, irony, appropriation, eloquence, and tragedy in the various instances of passing explored. At a theoretical level, I rethink the inadequate dichotomies of episteme vs. doxa as well as white vs. black. I conclude with a rhetorical theory of passing based on the fourth persona and six original passwords that present opportunities for future research.

TABLE OF CONTENTS

• Epigraph
• Acknowledgments
• Abstract
• Chapter One: Running Along the Color Line: Racial Passing and the Problem of Mixed Race Identity
• Chapter One References
• Chapter Two: The “Craft” of Passing: Rhetorical Irony, Intersectionality and the Case of Ellen Craft
• Chapter Two References
• Chapter Three: “Membership Has Its Privileges:” Plessy’s Passing and the Threat of Identity Theft
• Chapter Three References
• Chapter Four: “She Was Above All Sincere:” (Bi)racial Passing and Rhetorical Eloquence in Iola Leroy
• Chapter Four References
• Chapter Five: “A Crow that Doesn’t Know How to Be a Crow:” Reading The Human Stain and Racial Passing from Text to Film
• Chapter Five References
• Chapter Six: Things Said in Passing: Toward a Rhetorical: Theory of (Bi)Racial Passing
• Chapter Six References
• Bibliography

LIST OF FIGURES

• Figure 1: Rev. Rafael Matos Sr
• Figure 2: “The New Eve”
• Figure 3: Dramatic Theater of Passing
• Figure 4: Ellen Craft in Plain Clothes
• Figure 5: Ellen Craft as Mr. Johnson
• Figure 6: D. F. Desdunes
• Figure 7: Homer A. Plessy
• Figure 8: Hopkins as Elder Silk
• Figure 9: Miller as Younger Silk
• Figure 10: Rhetorical Intersections of Passing
• Figure 11: Dramatic Theater of Passing as Rhetorical and Intersectional
• Figure 12: Layers of Meaning: The Dramatic and Tropological Roots of (Bi)racial Passing
• Figure 13: Neoclassical Elements of Passing
• Figure 14: The Truths of (Bi)racial Passing
• Figure 15: (Bi)racial Passing as Material and Symbolic

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Plessy as “Passing”: Judicial Responses to Ambiguously Raced Bodies in Plessy v. Ferguson

Law & Society Review
Volume 39, Issue 3 (September 2005)
pages 563–600
DOI: 10.1111/j.1540-5893.2005.00234.x

Mark Golub, Assistant Professor of Politics & International Relations
Scripps College, Claremont, California

The Supreme Court’s decision in Plessy v. Ferguson (1896) is infamous for its doctrine of “separate but equal,” which gave constitutional legitimacy to Jim Crow segregation laws. What is less-known about the case is that the appellant Homer Plessy was, by all appearances, a white man. In the language of the Court, his “one-eighth African blood” was “not discernible in him.” This article analyzes Plessy as a story of racial “passing.” The existence of growing interracial populations in the nineteenth century created difficulties for legislation designed to enforce the separation of the races. Courts were increasingly called upon to determine the racial identity of particular individuals. Seen as a judicial response to racial ambiguity, Plessy demonstrates the law’s role not only in the treatment of racial groups, but also in the construction and maintenance of racial categories.

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How Race Is Made: Slavery, Segregation, and the Senses

University of North Carolina Press
2006
208 pages
6.125 x 9.25
7 illus., notes, index
Paper ISBN: 978-0-8078-5925-4

Mark M. Smith, Carolina Distinguished Professor of History
University of South Carolina

2007 Choice Outstanding Academic Title

For at least two centuries, argues Mark Smith, white southerners used all of their senses–not just their eyes–to construct racial difference and define race. His provocative analysis, extending from the colonial period to the mid-twentieth century, shows how whites of all classes used the artificial binary of “black” and “white” to justify slavery and erect the political, legal, and social structure of segregation.

Based on painstaking research, How Race Is Made is a highly original, always frank, and often disturbing book. After enslaved Africans were initially brought to America, the offspring of black and white sexual relationships (consensual and forced) complicated the purely visual sense of racial typing. As mixed-race people became more and more common and as antebellum race-based slavery and then postbellum racial segregation became central to southern society, white southerners asserted that they could rely on their other senses–touch, smell, sound, and taste–to identify who was “white” and who was not. Sensory racial stereotypes were invented and irrational, but at every turn, Smith shows, these constructions of race, immune to logic, signified difference and perpetuated inequality.

Smith argues that the history of southern race relations and the construction of racial difference on which that history is built cannot be understood fully on the basis of sight alone. In order to come to terms with the South’s past and present, Smith says, we must explore the sensory dynamics underpinning the deeply emotional construction of race. How Race Is Made takes a bold step toward that understanding.

Table of Contents

Introduction: Making Sense of Race
1. Learning to Make Sense
2. Fooling Senses, Calming Crisis
3. Senses Reconstructed, Nonsense Redeemed
4. Finding Homer Plessy, Fixing Race
5. The Black Mind of the South
6. The Brown Concertina
Notes
Acknowledgement
Index