On This Date

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Supreme Court Establishes “Separate But Equal” Doctrine as Law in Plessy v. Ferguson

On May 18, 1896, the U.S. Supreme Court released a 7-1 decision in Plessy v. Ferguson, a case challenging racial segregation laws in Louisiana, holding that state-mandated segregation in intrastate travel was constitutional as long as the separate accommodations were equal.

The Court had heard arguments a month earlier on April 13. Homer Plessy, a Black man who had been arrested for boarding a "white only" passenger car, argued that the state segregation law violated the Thirteenth and Fourteenth Amendments, which abolished slavery and established equal protection of the laws.

In 1890, Louisiana passed the Separate Car Act, requiring railroad companies to provide separate passenger cars for Black and white travelers. The Comite des Citoyens (“Committee of Citizens”), a New Orleans group of free Black men who employed civil disobedience to challenge segregation laws, wanted to challenge the law's constitutionality. When Mr. Plessy—a Black man—was arrested for boarding a “white only” passenger car, the committee helped him to appeal and the case eventually reached the U.S. Supreme Court.

On May 18, Justice Henry Brown wrote the majority opinion, which held that the Louisiana law did not violate the Thirteenth or Fourteenth Amendments because it did not interfere with an individual’s personal freedom or liberties. He claimed the Court could uphold the notion that all people are equal before the law in political and civil rights but could not override social inferiority based upon the distinction of race.

Justice John Marshall Harlan dissented, writing that the Louisiana law was in direct violation of the Thirteenth and Fourteenth Amendments' promise of protection of all civil rights related to freedom and citizenship. Justice Harlan specified that the law was a blatant attempt to infringe upon the civil rights of African Americans and that the Court inappropriately yielded to public sentiment at the expense of constitutional safeguards. He predicted the Court’s decision would lead to racial confrontation.

Plessy v. Ferguson legally sanctioned racial segregation by establishing the “separate but equal” doctrine as national law. Public services and accommodations were segregated for decades, until the Court’s Brown v. Board of Education decision in 1954 overruled the application of “separate but equal” in public education, and the Civil Rights Act of 1964 prohibited it in public accommodations.

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Mary Turner, Pregnant, Lynched in Georgia for Publicly Criticizing Husband's Lynching

On May 19, 1918, a white mob from Brooks County, Georgia, lynched Mary Turner, a Black woman who was eight months pregnant, at Folsom’s Bridge 16 miles north of Valdosta for speaking publicly against the lynching of her husband the day before. The mob bound her feet, hanged her from a tree with her head facing down, threw gasoline on her, and burned the clothes off her body. Mrs. Turner was still alive when the mob took a large butcher’s knife to her abdomen, cutting the unborn baby from her body. When the baby fell from Mary Turner, a member of the mob crushed the crying baby’s head with his foot. The mob then riddled Mrs. Turner’s body with hundreds of bullets, killing her.

Mary Turner’s husband, Hayes Turner, had been lynched the day before. Hayes Turner was accused of being an accomplice in the killing of a notorious white farmer, Hampton Smith, who was well known for his abuse of Black farm workers. Mr. Smith would bail Black people accused of petty crimes out of jail and then require them to work off the fine at his farm. Sidney Johnson, a Black man working to pay a legal fee for “rolling dice,” confessed to killing Mr. Smith during a quarrel about being overworked. Police officers killed Mr. Johnson in a shootout. When news reached the white community, Mr. Turner and other Black farm workers who had previously been abused by Mr. Smith were targeted and accused of conspiracy.

Many Black people during this time were lynched based on mere accusations of murder against white people. The same was true here, as at least seven confirmed Black individuals were lynched by the white mob in response to Hampton Smith’s death, inflicting community-wide racial terror violence.

Mrs. Turner was grieving and spoke out against her husband’s death, promising to take legal action. Enraged by this, the white mob made an example out of Mrs. Turner, despite having no reason to fear actual legal repercussions from her promise as Black people at the time were not afforded judicial process. The white mob lynched Mary Turner and her unborn child to maintain white supremacy, silence her, and communicate to the Black community that no dissent from the racial order would be tolerated. No member of the mob was ever held accountable for the lynching of Mary Turner and her unborn baby.

The grotesque slaughter of a Black woman eight months pregnant reveals a great deal about the way in which Black women were dehumanized with impunity. EJI has documented 594 racial terror lynchings between 1877 and 1950 in the state of Georgia. Brooks County had the third highest number of documented racial terror lynchings.

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Extensive piece by Julie Buckner Armstrong who wrote the definitive book on the horrific and under-publicized atrocity: https://www.zocalopublicsquare.org/2...d/ideas/essay/

Mary Turner and the Memory of Lynching ~ https://www.amazon.com/Turner-Memory.../dp/0820337668

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White Mob Attacks Freedom Riders in Montgomery, Alabama

On May 20, 1961, Freedom Riders traveling by bus through the South to challenge segregation laws were brutally attacked by a white mob at the Greyhound Station in downtown Montgomery, Alabama.

Several days before, on May 16, the Riders faced mob violence in Birmingham so serious that it threatened to prematurely end their campaign. The Freedom Riders were initially organized by the Congress on Racial Equality (CORE), but after the Birmingham attacks, an interracial group of 22 Tennessee college students, known as the Nashville Student Movement, volunteered to take over and continue the ride through Alabama and Mississippi to New Orleans.

These new Freedom Riders reached Birmingham on May 17, but were immediately arrested and returned to Tennessee by Birmingham police. Undeterred, the Riders and additional reinforcements from Tennessee returned to Birmingham on May 18. Under pressure from the federal government, Alabama Governor John Patterson agreed to authorize state and city police to protect the Riders during their journey from Birmingham to Montgomery.

At Montgomery city limits, state police abandoned the Riders' bus; the Riders continued to the bus station unescorted and found no police protection waiting when they arrived. Montgomery Public Safety Commissioner L.B. Sullivan had promised the Ku Klux Klan several minutes to attack the Riders without police interference and, upon arrival, the Riders were met by a mob of several hundred angry white people armed with baseball bats, hammers, and pipes.

Montgomery police watched as the mob first attacked reporters and then turned on the Riders. Several were seriously injured, including a white college student named Jim Zwerg and future U.S. Congressman John Lewis. John Seigenthaler, an aide to Attorney General Robert Kennedy, was knocked unconscious. Ignored by ambulances, two injured Riders were saved by good samaritans who transported them to nearby hospitals.

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White Mob Terrorizes 1,000 Black Residents Inside Montgomery, AL, Church

On the evening of May 21, 1961, more than 1,000 Black residents and civil rights leaders including Dr. Martin Luther King Jr. and Rev. Fred Shuttlesworth attended a service at Montgomery's First Baptist Church. The service, organized by Rev. Ralph Abernathy, was planned to support an interracial group of civil rights activists known as the Freedom Riders. As the service took place, a white mob surrounded the church and vandalized parked cars.

The Freedom Riders began riding interstate buses in 1961 to test Supreme Court decisions that prohibited discrimination in interstate passenger travel. Their efforts were unpopular with white Southerners who supported continued segregation, and they faced violent attacks in several places along their journey. The day before the Montgomery church service, the Riders had arrived in Montgomery and faced a brutal attack at the hands of hundreds of white people armed with bats, hammers, and pipes. The May 21 service was planned by the local Black community to express support and solidarity.

As the surrounding mob grew larger and more violent, Dr. King called U.S. Attorney General Robert F. Kennedy from the church's basement and requested help. Kennedy sent U.S. Marshals to dispel the riot; the growing mob pelted them with bricks and bottles and the marshals responded with tear gas.

When police arrived to assist the marshals, the mob broke into smaller groups and overturned cars, attacked Black homes with bullets and firebombs, and assaulted Black people in the streets. Alabama Governor John Patterson declared martial law in Montgomery and ordered National Guard troops to restore order. Authorities arrested 17 white rioters and, by midnight, the streets were calm enough for those in the church to leave.

Three days later, troops escorted the Freedom Riders as they departed to Jackson, Mississippi, where they would face further resistance.

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Congress Restores Confederates' Office-Holding Rights with the Amnesty Act of 1872

Passed by Congress and signed by President Ulysses Grant on May 22, 1872, the Amnesty Act of 1872 ended office-holding disqualifications against most of the Confederate leaders and other former civil and military officials who had rebelled against the Union in the Civil War. Afterwards, only a few hundred Confederate leaders remained under office-holding restrictions.

Even while the Civil War was in progress, the Union offered amnesty to Confederates in an attempt to encourage loyalty to the Union and begin the process of reconstruction. The Confiscation Act of 1862 authorized the U.S. President to pardon anyone involved in the rebellion. The Amnesty Proclamation of December 1863 offered pardons to those who had not held a Confederate civil office, had not mistreated Union prisoners, and would sign an oath of allegiance. Another limited amnesty that targeted Southern civilians went into effect in May 1864.

In May 1865, President Andrew Johnson provided for amnesty and the return of property to those who would take an oath of allegiance. Former high-ranking Confederate government and military officials, and people owning more than $20,000 worth of property, had to apply for individual pardons.

As a result of the 1872 Amnesty and the many that preceded it, the vast majority of white former Confederates in the South were free to own land, vote, hold office, and make laws in the Southern states, less than two decades after the war's end. When Reconstruction ended in 1877 and federal troops left the region, these people who had so recently fought to maintain white supremacy and retain slavery were well-positioned to seize control of their state governments and orchestrate laws and policies to suppress the new civil rights of Black people.

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President George Washington Offers Reward for Capture of Black Woman Fleeing Enslavement

On May 23, 1796, a newspaper ad was placed seeking the return of Ona “Oney” Judge, an enslaved Black woman who had “absconded from the household of the President of the United States,” George Washington. Ms. Judge had successfully escaped enslavement two days earlier, fleeing Philadelphia, Pennsylvania, and settling in freedom in New Hampshire.

Known to the Washingtons as “Oney,” Ms. Judge was "given" to Martha Washington by her father and had been held enslaved as part of the Washington estate since she was 10 years old. As George Washington gained political clout, Ms. Judge traveled with the family to states with varying laws regarding slavery—including lengthy residence in Pennsylvania. Pennsylvania’s Gradual Abolition Act of 1780 declared that Black people enslaved by non-residents of the state were legally freed after living in Pennsylvania for six continuous months. To avoid enforcement of the law and prevent the men and women they enslaved from being legally freed, the Washingtons regularly sent Ms. Judge and others in the household out of state for brief periods, to restart the six-month residency requirement.

When her eldest granddaughter, Eliza Custis, married, Martha Washington promised to leave Ms. Judge to the new couple as a "gift" in her will. Distressed that she would be doomed to enslavement even after Martha Washington died, Ms. Judge resolved to run in 1796. On the night of May 21, while the Washingtons were packing to return to Mt. Vernon, Ms. Judge made her escape from Philadelphia on a ship destined for Portsmouth, New Hampshire. She had befriended many enslaved people in Philadelphia and they helped her to send her belongings to New Hampshire before her escape.

The Washingtons tried several times to apprehend Ms. Judge, hiring head-hunters and issuing runaway advertisements like the one submitted on May 23. In the ad, she is described as “a light mulatto girl, much freckled, with very Black eyes and bushy Black hair. She is of middle stature, slender, and delicately formed, about 20 years of age.” The Washingtons offered a $10 reward for Ms. Judge's return to bondage—but she evaded capture, married, had several children, and lived for more than 50 years as a free woman in New Hampshire. She died there, still free, on February 25, 1848.