Ex Parte Plessy

Islandora advanced search

Plessy vs. Ferguson was a landmark civil-rights case that went before the United States Supreme court in 1896 that upheld the constitutionality of state Jim Crow laws requiring racial segregation in public facilities and established the "separate but equal" doctrine which remained until the 1954 Brown v. Board of Education decision which overturned it. The law was unsuccessfully challenged by the Comité des Citoyens and Homer Adolphe Plessy. This collection contains primary sources for the case including transcripts of the original court case, the legal arguments used by civil rights activist Albion W. Tourgée against the Separate Car Act of 1890, the defense of the arguments by Judge John Howard Ferguson and the decisions by former Governor and Chief Justice Francis T. Nicholls.

&

Item 1:& Petition to the Supreme Court of the State of Louisiana by Albion W. Tourgée and James C. Walker, counsel for Plessy, Nov. 22, 1892. Manuscript. 7 pages and blank cover. Notarized by Louis A. Martinet, notary public. Signed by H. A. Plessy and Louis A. Martinet.

Item 2:& Exhibit A. Second Recorder's Court of the City of New Orleans. #7657. The State v. Homer Adolph Plessy. Affadavit by Detective Chris C. Cain, June 8, 1892. Manuscript. 2 pages.Recorder: A. R. Moulin. State's witnesses: J. L. Scott, 19 Commercial Place; J. J. Dowling, conductor, 122 Common. Certified copy by J. Malloy, deputy clerk, Nov. 21, 1892.

Item 3:& Exhibit B. Criminal District Court for the Parish of Orleans. #19117. The State vs. Homer Adolph Plessy. Bill of information-- violating provisions of Act. #111 of 1890. Lionel Adams, assistant district attorney & for Orleans Parish. Manuscript. 2 pages. F. J. Letter, minute clerk, filed July 20, 1892. Certified copy by M. Malloy, deputy clerk, Nov. 21, 1892.

Item 4:& Exhibit C. State of Louisiana. "An act to promote the comfort of passengers on railway trains... " #111, July 10, 1890. Typescript 4 pages and green paper cover.

Item 5:& Exhibit D. Criminal District Court...Parish of Orleans. Section A.#19117. The State v. Homer Adolph Plessy. Defendant's plea, Oct. 13, 1892. Typescript 6 pages.and gray paper covet. On cover: order by Francis T. Nicholls, Chief Justice of Louisiana (signature), Nov. 22, 1892. Service of records, J. H. Ferguson, Judge, Nov. 23, 1892. For writs of prohibition and certiorari.

Item 6:& Supreme Court of the State of Louisiana. #11134. Ex parte Homer A. Plessy. Writs of prohibition and certiorari to be served on John H. Ferguson, Judge, Section A Criminal District Court. Francis T. Nicholls, Chief Justice, Nov. 22, 1892. C. W. Buchanan, deputy clerk. Manuscript. 2 pages.

Item 7:& Criminal District Court... Parish of Orleans. Section A. #19117. The State v. Homer Adolph Plessy. Certified copy of proceedings. Includes Bill of information, defendant's plea, demurrer by Asst. District Attorney, joinder to demurrer. Manuscript. 26 pages.and 4 covers.

Item 8:& Supreme Court of the State of Louisiana. #11134. Ex parte Homer A. Plessy. Sheriff's return. James Drignan, deputy sheriff, Nov. 23, 1892. Filed Nov. 28, 1892. Manuscript. 2 pages.

Item 9:& Ibid. #11134 Answer of John H. Ferguson, Presiding Judge, Criminal District Court, Section A, to application for writs of prohibition and certiorari, with signature of respondent, John H. Ferguson, & filed Nov. 26, 1892. Typescript 4 pages and two covers.

Item 10:& Ibid. #11134 Brief of relator for writs of prohibition and certiorari to the judge of Section A, Criminal District Court, for the parish of Orleans, by Albion W. Tourgee and James C. Walker, attorneys for relator. (Printed by A. W. Hyatt Stationery Mfg. Co., Ltd., 73 Camp St., N. 0.). 22 pages.and cover. On cover: ....La copy of this brief has been Served [on] Lionel Adams, Esq. opposing Counsel.”

Item 11: & Ibid. #11134 & Application for writs of prohibition and certiorari. Brief & for respondent, John H. Ferguson, by Lionel Adams, attorney for respondent. (Printed by V. Mauberret, printer, 112, 114 Poydras St., N. O. 30 pages and cover.

Item 12& (bound with item 11): Ibid. #111134. Syllabus, ex parte Homer A. Plessy [on behalf of respondent]. 5 pages.

Item 13:& Ibid. #11134. Opinion and judgment by Charles E. Fenner, Associate Justice. Filed December 19, 1892. Manuscript. 17 pages.and cover. "70-86" numbered pages.

Item 14:& Ibid. #11134. Petition for a rehearing by Albion W. Tourgée and James C. Walker, attorneys for Plessy. Dec. 26, 1892. Manuscript. 4 pages.

Item 15:& Ibid. #11134. Relator's brief for a rehearing, December 24, 1892. 3 pages.(ca. December 1892). Note. items 14 and 15 are enclosed in a folder, annotated: & Rehearing refused, Jan. 2, 1893."

Item 16:& Circuit Court of the U. S. for the Eastern District of Louisiana. Copy of writ of error lodged in the clerk's office of the Supreme Court of Louisiana, Jan. 5, 1893. Manuscript. 3 pages.

Item 17:& Supreme Court of the State of Louisiana. #11134. It parts Homer A. Plessy. Bond for writ of error. Signatures: H. A. Plessy, Paul Bonseigneur (surety), Francis T. Nicholls, Chief Justice, and T. Mc. Hyman, Clerk, Supreme Court of Louisiana. Manuscript. 2 pages.

Item 18: Supreme Court of the U. S. #210. Plessy v. Ferguson. Provisional writ of prohibition dissolved by Supreme Court of Louisiana, December 19, 1892. Affirmed by the U. S. Supreme Court, May 18, 1896. Remanded to Supreme Court of Louisiana, September 28, 1896. Manuscript. 4 pages.

&

LDL /  
details
share
Loading
Item 1 Petition
-->
--> -->
Petition to the Supreme Court of the State of Louisiana by Albion W. Tourgée and James C. Walker, counsel for Plessy, Nov. 22, 1892. Manuscript. 7 pages. (Note: Blank cover not included in digitial copy.) Notarized by Louis A. Martinet, notary public. Signed by H. A. Plessy and Louis A. Martinet.
Item 2 Exhibit A.
-->
--> -->
Exhibit A. Second Recorder's Court of the City of New Orleans. #7657. The State v. Homer Adolph Plessy. Affadavit by Detective Chris C. Cain, June 8, 1892. Manuscript. 2 pages. Recorder: A. R. Moulin. State's witnesses: J. L. Scott, 19 Commercial Place; J. J. Dowling, conductor, 122 Common. Certified copy by J. Malloy, deputy clerk, Nov. 21, 1892.
Item 3 Exhibit B.
-->
--> -->
Exhibit B. Criminal District Court for the Parish of Orleans. #19117. The State vs. Homer Adolph Plessy. Bill of information-- violating provisions of Act. #111 of 1890. Lionel Adams, assistant district attorney for Orleans Parish. Manuscript. 2 pages. F. J. Letter, minute clerk, filed July 20, 1892. Certified copy by M. Malloy, deputy clerk, Nov. 21, 1892.
Item 4 Exhibit C.
-->
--> -->
Item 4: Exhibit C. State of Louisiana. "An act to promote the comfort of passengers on railway trains... " #111, July 10, 1890. Typescript 4 pages and green paper cover. (Note: Green paper cover not included in digitial copy.)
Item 5 Exhibit D.
-->
--> -->
Exhibit D. Criminal District Court...Parish of Orleans. Section A.#19117. The State v. Homer Adolph Plessy. Defendant's plea, Oct. 13, 1892. Typescript 6 pages and 2 sided gray paper cover. On cover: order by Francis T. Nicholls, Chief Justice of Louisiana (signature), Nov. 22, 1892. Service of records, J. H. Ferguson, Judge, Nov. 23, 1892. For writs of prohibition and certiorari.
Plessy 06 Writs of prohibition and certiorari
-->
--> -->
Supreme Court of the State of Louisiana. #11134. Ex parte Homer A. Plessy. Writs of prohibition and certiorari to be served on John H. Ferguson, Judge, Section A Criminal District Court. Francis T. Nicholls, Chief Justice, Nov. 22, 1892. C. W. Buchanan, deputy clerk. Manuscript. 2 pages.
Plessy 07 Certified copy of proceedings
-->
--> -->
Criminal District Court... Parish of Orleans. Section A. #19117. The State v. Homer Adolph Plessy. Certified copy of proceedings. Includes Bill of information, defendant's plea, demurrer by Asst. District Attorney, joinder to demurrer. Manuscript. 26 pages.and 4 covers.
Plessy 08 Sheriff's return
-->
--> -->
Item 8: Supreme Court of the State of Louisiana. #11134. Ex parte Homer A. Plessy. Sheriff's return. James Drignan, deputy sheriff, Nov. 23, 1892. Filed Nov. 28, 1892. Manuscript. 2 pages.
Plessy 09 Answer of J. H. Ferguson, presiding judge
-->
--> -->
Supreme Court of the State of Louisiana. #11134 Answer of John H. Ferguson, Presiding Judge, Criminal District Court, Section A, to application for writs of prohibition and certiorari, with signature of respondent, John H. Ferguson, filed Nov. 26, 1892. Typescript 4 pages and two covers.
Plessy 10-12 Brief of relator for writs of prohibition and certiorari
-->
--> -->
Item 10: Supreme Court of the State of Louisiana. #11134 Brief of relator for writs of prohibition and certiorari to the judge of Section A, Criminal District Court, for the parish of Orleans, by Albion W. Tourgee and James C. Walker, attorneys for relator. (Printed by A. W. Hyatt Stationery Mfg. Co., Ltd., 73 Camp St., N. 0.). 22 pages.and cover. On cover: ....La copy of this brief has been Served [on] Lionel Adams, Esq. opposing Counsel.” Item 11: Ibid. #11134 Application for writs of prohibition and certiorari. Brief for respondent, John H. Ferguson, by Lionel Adams, attorney for respondent. (Printed by V. Mauberret, printer, 112, 114 Poydras St., N. O. 30 pages and cover. Item 12 (bound with item 11): Ibid. #111134. Syllabus, ex parte Homer A. Plessy [on behalf of respondent]. 5 pages.
Plessy 13 Opinion and judgment by Charles E. Fenner
-->
--> -->
Item 13: Supreme Court of the State of Louisiana. #11134. Opinion and judgment by Charles E. Fenner, Associate Justice. Filed December 19, 1892. Manuscript. 17 pages.and cover. "70-86" numbered pages.
Plessy 14-15 Petition for a rehearing & relator's brief
-->
--> -->
Item 14: Ibid. #11134. Petition for a rehearing by Albion W. Tourgée and James C. Walker, attorneys for Plessy. Dec. 26, 1892. Manuscript. 4 pages. Item 15: Ibid. #11134. Relator's brief for a rehearing, December 24, 1892. 3 pages.(ca. December 1892). Note. items 14 and 15 are enclosed in a folder, annotated: Rehearing refused, Jan. 2, 1893."
Plessy 16-17 Copy of writ of error and bond for writ of error
-->
--> -->
Item 16: Circuit Court of the U. S. for the Eastern District of Louisiana. Copy of writ of error lodged in the clerk's office of the Supreme Court of Louisiana, Jan. 5, 1893. Manuscript. 3 pages. Item 17: Supreme Court of the U. S. #210. Plessy v. Ferguson. Provisional writ of prohibition dissolved by Supreme Court of Louisiana, December 19, 1892. Affirmed by the U. S. Supreme Court, May 18, 1896. Remanded to Supreme Court of Louisiana, September 28, 1896. Manuscript. 4 pages.
Plessy 18 Provisional writ of prohibition dissolved
-->
--> -->
Item 18: Supreme Court of the U. S. #210. Plessy v. Ferguson. Provisional writ of prohibition dissolved by Supreme Court of Louisiana, December 19, 1892. Affirmed by the U. S. Supreme Court, May 18, 1896. Remanded to Supreme Court of Louisiana, September 28, 1896. Manuscript. 4 pages.
Admin Login

 

Louisiana Digital Library

Contact the Louisiana Digital Library

Permissions/rights/reproduction and information requests:

The Louisiana Digital Library (LDL) is composed of collections from many different institutions. Permission to publish and acquire images or requests for more information about materials that you find in the LDL should be directed to the institution that contributed the item to the LDL. To find the contact who can help you, find the field called "Contact Information" next to the image of interest to you. The Louisiana Digital Library is a service provider only and has no authority to grant permission to publish or supply high-resolution images.

Technical assistant/site support

The Louisiana Digital Library platform has been developed by LSU Libraries on behalf of the Louisiana Digital Consortium. It runs on the Islandora open-source digital repository software.

LSU Libraries' Technology Initiatives: lsudiglib@lsu.edu.

Thanks for your interest in the Louisiana Digital Library.

About the Louisiana Digital Library (LDL)

The Louisiana Digital Library (LDL) is the front door to Louisiana's digital cultural heritage. Members include public libraries, academic libraries, museums, and archives from arcross the state.

Currently, there are 25 participating institutions in the LDL. Each institution contributes the digital items and the descriptive text for their collections.

  • Calcasieu Parish Public Library
  • Delgado Community College
  • East Baton Rouge Parish Library
  • Law Library of Louisiana
  • Louisiana State Archives
  • Louisiana State Museum
  • Louisiana State University
  • Louisiana State University at Alexandria
  • Louisiana State University at Shreveport
  • Louisiana State University Health Sciences Center New Orleans
  • Louisiana State University Health Sciences Center Shreveport
  • Louisiana Tech University
  • Loyola University New Orleans
  • McNeese State University
  • Nicholls State University
  • Northwestern State University
  • Southern University
  • State Library Of Louisiana
  • The Historic New Orleans Collection
  • Tulane University
  • University of Louisiana at Lafayette
  • University of Louisiana at Monroe
  • University of New Orleans
  • Vermilionville Living History Museum & Folklife Park
  • Webster Parish Library

The LDL is built with Islandora, an open source digital library system based on FedoraDrupal, and Solr.

Information about the Louisiana Digital Consortium can be found here: http://louisianadigitalconsortium.org