Separate Car Act
Encyclopedia
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.
. J. P. Weaver, a Black preacher, had advised Blacks to accept separate accommodations if they are "first-class". "But if there is no such accommodation set apart for you, and you are crowded upon by base and reckless beings, depriving you of all that tends to your happiness ... excuse yourself for being colored, and walk in another car and cabin".
Following Reconstruction and the withdrawal of federal troops from the South, the Democratic Party
came back to power. There began a process of "renegotiating the definitions of 'equal rights' in debates over post-Civil War amendments". Legislators proposed the Separate Car Bill which segregated Blacks from Whites in separate but equal conditions on train cars. Violations of the law were a misdemeanor crime punishable by a fine of at most $25 or twenty days jail time.
The law did not go uncontested through the legislature. Republican
legislator Henry Demas from St John the Baptist Parish
challenged the bill as coming from the "ranks of Democratic Senators who pandered to the needs of the lower classes". To him, the bill was not a product of upper class white citizens but those with no "social or moral standing in the community".
Despite some opposition, the Separate Car Act passed the Louisiana State Senate by 23 to 6.
Although most Blacks opposed the law, it had strong support from Whites. An editorial in The Daily Picayune of New Orleans spoke of "almost unanimous demand on the party of White people of the State for the enactment of the law" which would "increase the comfort for the traveling public". The editorial also argued that it would put Louisiana in line with other Southern states.
The first case the committee decided to test was Daniel Desdunes in 1892. On February 24, Desdunes, a Black man with a first-class ticket, boarded a designated White car on the Louisiana and Nashville Railroad from New Orleans to Montgomery, Alabama. The destination of another state was chosen specifically because of the belief that it violated the Commerce Clause
. Desdune's case never went to trial because the Louisiana Supreme Court
ruled on May 25 in the unrelated Abbott v. Hicks that the Separate Car Act did not apply to interstate passengers, rendering the test moot
.
For their second attempt the group found Homer Plessy
, a mostly white "octoroon", who was still considered a "negro" under Louisiana law.. On June 7, 1892 Plessy purchased a first-class ticket to take him from New Orleans to Covington
on the East Louisiana Railroad, this time both destinations being within the state. Plessy boarded the "white carriage" where the conductor had been informed ahead of time that the light-skinned Plessy was legally Black. The conductor was told by Plessy that he was colored and the conductor had him arrested and charged with violation of the law. The case was brought before John Howard Ferguson
—the same judge who had argued the law could not apply to interstate travel in Abbott v. Hicks. Plessy's lawyers argued on the basis 13th
and 14th
Amendments that their client's rights had been violated. Ferguson ruled that Louisiana was free to regulate such actions and that Plessy was guilty as charged. The Louisiana Supreme Court
upheld this decision. Finally, the case ended in the Supreme Court of the United States
in Plessy v. Ferguson
with the judgment being upheld, leading to the judicial sanction of "separate but equal
". This situation lasted for decades.
Louisiana State Legislature
The Louisiana State Legislature is the state legislature of the U.S. state of Louisiana. It is bicameral body, comprising the lower house, the Louisiana House of Representatives with 105 representatives, and the upper house, the Louisiana Senate with 39 senators...
in 1890 which required "equal, but separate
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...
" train car accommodations for Blacks and Whites.
History
The Reconstruction period and its subsequent end led to a discussion among both Blacks and Whites in the South how to interpret "equal rights" and the new Reconstruction AmendmentsReconstruction Amendments
The Reconstruction Amendments are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between 1865 and 1870, the five years immediately following the Civil War...
. J. P. Weaver, a Black preacher, had advised Blacks to accept separate accommodations if they are "first-class". "But if there is no such accommodation set apart for you, and you are crowded upon by base and reckless beings, depriving you of all that tends to your happiness ... excuse yourself for being colored, and walk in another car and cabin".
Following Reconstruction and the withdrawal of federal troops from the South, the Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
came back to power. There began a process of "renegotiating the definitions of 'equal rights' in debates over post-Civil War amendments". Legislators proposed the Separate Car Bill which segregated Blacks from Whites in separate but equal conditions on train cars. Violations of the law were a misdemeanor crime punishable by a fine of at most $25 or twenty days jail time.
The law did not go uncontested through the legislature. 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...
legislator Henry Demas from St John the Baptist Parish
St. John the Baptist Parish, Louisiana
St. John the Baptist Parish is a parish located in the U.S. state of Louisiana.The parish seat is Edgard, an unincorporated area and the unofficial parish captial is LaPlace, an unincorporated area. St. John the Baptist is one of the original 19 parishes in Louisiana. In 2010, its population was...
challenged the bill as coming from the "ranks of Democratic Senators who pandered to the needs of the lower classes". To him, the bill was not a product of upper class white citizens but those with no "social or moral standing in the community".
Despite some opposition, the Separate Car Act passed the Louisiana State Senate by 23 to 6.
Reception
Paul Trevigne, a Louisianan African American, thought the law was not practical. He felt that this "force class legislation" would fail in the near term because it did not take into account the lives of people living in a cosmopolitan Louisiana. "[F]uture generations would be ashamed", he said, to see such laws on the books.Although most Blacks opposed the law, it had strong support from Whites. An editorial in The Daily Picayune of New Orleans spoke of "almost unanimous demand on the party of White people of the State for the enactment of the law" which would "increase the comfort for the traveling public". The editorial also argued that it would put Louisiana in line with other Southern states.
Testing the law
In 1891, under Louis Martinet, a group of activists from New Orleans set up the Citizens Committee to Test the Constitutionality of the Separate Car Law in order to challenge the constitutionality of the law.The first case the committee decided to test was Daniel Desdunes in 1892. On February 24, Desdunes, a Black man with a first-class ticket, boarded a designated White car on the Louisiana and Nashville Railroad from New Orleans to Montgomery, Alabama. The destination of another state was chosen specifically because of the belief that it violated the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
. Desdune's case never went to trial because the Louisiana Supreme Court
Louisiana Supreme Court
The Supreme Court of Louisiana is the highest court and court of last resort in the U.S. state of Louisiana. The modern Supreme Court, composed of seven justices, meets in the French Quarter of New Orleans....
ruled on May 25 in the unrelated Abbott v. Hicks that the Separate Car Act did not apply to interstate passengers, rendering the test moot
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
.
For their second attempt the group found Homer Plessy
Homer Plessy
Homer Plessy was the American plaintiff in the United States Supreme Court decision in Plessy v. Ferguson. Arrested, tried and convicted of a violation of one of Louisiana's racial segregation laws, he appealed through Louisiana state courts to the U.S. Supreme Court, and lost...
, a mostly white "octoroon", who was still considered a "negro" under Louisiana law.. On June 7, 1892 Plessy purchased a first-class ticket to take him from New Orleans to 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....
on the East Louisiana Railroad, this time both destinations being within the state. Plessy boarded the "white carriage" where the conductor had been informed ahead of time that the light-skinned Plessy was legally Black. The conductor was told by Plessy that he was colored and the conductor had him arrested and charged with violation of the law. The case was brought before 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...
—the same judge who had argued the law could not apply to interstate travel in Abbott v. Hicks. Plessy's lawyers argued on the basis 13th
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...
and 14th
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...
Amendments that their client's rights had been violated. Ferguson ruled that Louisiana was free to regulate such actions and that Plessy was guilty as charged. The Louisiana Supreme Court
Louisiana Supreme Court
The Supreme Court of Louisiana is the highest court and court of last resort in the U.S. state of Louisiana. The modern Supreme Court, composed of seven justices, meets in the French Quarter of New Orleans....
upheld this decision. Finally, the case ended in the Supreme Court of the United States
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...
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...
with the judgment being upheld, leading to the judicial sanction of "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...
". This situation lasted for decades.