There has been an ongoing debate among historians over the origins of racial dissolutionism in this country in the decades after emancipation. Every southern secernate had enacted black codes immediately after the war to keep the origin slaves under tight control. After these had been voided by the Union, white southerners began exploring other(a) means to maintain their supremacy over blacks. Southern legislatures enacted miserable statutes that invariably prescribed harsher penalties for blacks than for whites convicted of the same crime, and erected a system of peonage that survived into the aboriginal twentieth century.
In an 1878 case, the Supreme Court ruled that the states could not foreclose segregation on common carriers, such as railroads, streetcars or steamboats. Twelve years later, it approved a Mississippi statute requiring segregation on intrastate carriers. In doing so it acquiesced in the Souths solution to flow relations.
In the best known of the early segregation cases, Plessy v. Ferguson (1896), Justice Billings Brown asserted that distinctions found on race ran afoul of neither the Thirteenth or Fourteenth Amendments, 2 of the Civil War amendments passed to abolish slavery and secure the profound rights of the former slaves.
Although nowhere in the opinion can the evince separate but equal be found, the Courts rulings approved legitimately dod segregation as long as the integrity did not make facilities for blacks inferior to those of whites.
The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either. Laws permitting, and even requiring, their separation in places where they are liable...
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