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| Mock Trial on Plessy v. Ferguson: Ferguson Side |
In my Talking About Freedom Class I was assigned to role play a mock trial for the case Plessy v. Ferguson. For my group, we were on the side of Ferguson, arguing for segregated railroads. For my argument, I had to use religion to talk about why we should have segregated railroads.
Genesis
In my argument I talked about divine order and how scriptures teaches us that God “hath made of one blood all nations of men,” and also determined “the bounds of their habitation.” Which shows that although God made both black and white people with the same flesh and blood they are still not considered the same. The strategy was to concede the first half of the verse, shared humanity, and then claim the second half as divine approval for separation.
Writing it was uncomfortable, and I think it was meant to be. It is one thing to read that people once used scripture to defend segregation. It is another to have to make that case out loud, in front of classmates, and to make it persuasive. Doing so showed me how an argument can sound calm, reasonable, and even humble while defending something deeply unjust. Phrases like “equal but separate” and “peace is the State’s duty” made the law sound like common sense. That is exactly how it worked in its time.
The Case Behind the Argument
The case we argued was real, and so were its stakes. On June 7, 1892, Homer Plessy, a New Orleans shoemaker who was seven-eighths white and one-eighth Black, bought a first-class ticket on the East Louisiana Railroad and sat in the car reserved for white passengers. He was arrested for violating Louisiana’s Separate Car Act of 1890. The arrest was no accident. A group of Black and Creole New Orleanians known as the Citizens’ Committee had organized to challenge the law, and Plessy volunteered to be its test case. The judge assigned to his case in Orleans Parish was John Howard Ferguson, and when the dispute reached the U.S. Supreme Court in 1896, the case took his name against Plessy’s.
The Court ruled 7-1 against Plessy. Justice Henry Billings Brown wrote for the majority that the law did not violate the Fourteenth Amendment as long as the separate accommodations were equal. The sole dissenter, Justice John Marshall Harlan, wrote that the Constitution is “color-blind” and predicted that the decision would prove as harmful as Dred Scott. The “separate but equal” doctrine that came out of the ruling shaped American law for nearly sixty years, until Brown v. Board of Education rejected it for public schools in 1954.
Building the Case for Louisiana
Our argument rested on three pillars. The first was precedent: cases like Roberts v. City of Boston and Louisville, New Orleans and Texas Railway v. Mississippi gave us a trail of decisions suggesting that separate facilities were already accepted in law. The second was the police power, the idea that a state may regulate public spaces to keep the peace.
Where the Argument Breaks Down
The weaknesses were clear even as I wrote. The passage in Acts is widely read, by scholars and by many churches, as an affirmation of the unity of humanity, not a justification for hierarchy. The argument that inferiority exists “only in the meaning one chooses to give it” also falls apart against the evidence of the law’s purpose. Louisiana did not pass the Separate Car Act to protect Black passengers. Justice Harlan saw this plainly, writing that everyone knew what the statute was really for.
For the other team that was on the side of Plessy, they also used the quote from Genesis that says "hath made of one blood all nations of men,” to argue that all men are created the same. The only difference was that they did not quote the second part that determines "the bounds of their habitation".
I feel like the the Plessy group did a better job preparing for the trial but I also feel like they had a better argument in general because they had more evidence to say why it does not make since that we have segregated railways.
The Verdict and What I Took From It
The judge asked the jury what they sided with and it was decided that Plessy won the case.
What stays with me is how much a role-play like this teaches about freedom. Our class is called Talking About Freedom, and arguing against it forced me to see how arguments are constructed to restrict it. Plessy’s loss in 1896 was not inevitable. It took lawyers, judges, and a public willing to accept comfortable language in place of equal treatment. It also took people like Plessy, the Citizens’ Committee, and attorney Albion TourgĂ©e, who challenged the law knowing they might lose, and who laid groundwork that later generations built on.
Standing on the side of Ferguson, I learned that understanding history means more than knowing who won. It means understanding how they won, and why the arguments that prevailed were wrong.
AI DISCLOSURE: AI was used to help create this blog post. For thus blog post I wrote some of my thoughts down into small paragraphs. I then asked Claude AI to not change what I wrote but to add on to it. After that, I copied what Claude AI wrote down and paste it into my blog. I then read over what Claude AI gave me and added a few of my own additional thoughts. Lastly I added pictures before publishing my post.













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