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Albion W. Tourgée

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Wednesday, February 3, 2010

The Decision and Harlan's Heroics


I'm depressed and angry at the world. How can seven of the country's most important, bright, and powerful men be so ignorant? We lost 7 to 1 (Justice David Josiah Brewer did not participate), with the sole dissenter being Justice John Marshall Harlan. I'm proud of Justice Harlan. He's a good man. He was the lone dissenter in the Civil Rights Cases of 1883 as well, and I respect him for that. It's not easy to disagree with everyone else, especially when the fate of America could be riding on your decision. Justice Henry Brown wrote in the majority opinion,
"But this amendment [14th Amendment] could not have been intended to abolish distinctions based upon color, or to enforce social equality, or the mixing of the races."

Justice John Marshall Harlan declared in the minority opinion,

"In the eye of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens..."

We won't give up this fight, but America is losing interest and outrage, even in the most radical northern states. I can only hope America will start to see reason...

The Supreme Court


Today, April 13, 1896, was exhausting. We held our oral arguments in front of the Supreme Court of the United States. After being rejected once again by the Louisiana Supreme Court, spirits were low. James C. Walker and I submitted a brief, as did Samuel F. Phillip and F.D. McKenney. Long, tiring, spirited debates were held, and, although our argument is stronger, it seemed like the Court was leaning toward their side. I just don't understand, but I guess making the decision is the justices's jobs, not mine. I just argue and make less money than I rightfully should because of the kindness of my heart. Sometimes I regret agreeing to argue this case for free, even though I will never doubt the righteousness of my decision. I'll get back to you when we hear the decision. Cross your fingers and pray for me!

The First Ruling


I am crushed. I thought this would be an easy road. How can anyone be so ignorant as to believe that the Separate Car Act will ever pay off? As you probably gathered by now, Judge Ferguson ruled that the Separate Car Act is constitutional. I will appeal to the Louisiana Supreme Court, but this puts us at a disadvantage. I was so sure we would win. It seems obvious to me that the act violates the 14th Amendment. Judge Ferguson said that since the accommodations will be "equal," the act does not abridge the "privileges or immunities" of any citizens, black or white. I wonder if he believes himself.

My Big Offer & Decision

Today is one of the proudest days of my life. The Citizen's Committee to Test the Separate Car Act offered me $1,412.70 to defend Homer Adolph Plessy in his case about the Separate Car Act. I agreed to do it... for free. We'll need the money later. I will take down this law if it's the last thing I do. I have a feeling that I'm going to write about this someday in a book after I win. "The Most Triumphant Moment of My Life." Or something like that.

Separate Car Act


Today one of the worst laws in U.S. history was passed. The Separate Car Act makes it legal for states to keep blacks and whites in separate cars as long as they are "equal." That doesn't fool anyone, black or white. Everyone knows whites are going to have better food, bathrooms, legroom, any possible advantage you can think of will be given to us. It is an insult to our founding fathers's memories that the American people are letting this atrocity pass right under their noses.