The Thirteenth Amendment of the U.S. Constitution, adopted in 1865,states that “Neither slavery nor involuntary servitude…shall existwithin the United States, or any place subject to their jurisdiction”. Itgoes on to say that Congress has the power to enforce legislature that will prohibit the use of slavery.
That petitioner was subsequently brought before the recorder of the city for preliminary examination and committed for trial to the criminal District Court for the parish of Orleans, where an information was filed against him in the matter above set forth, for a violation of the above act, which act the petitioner affirmed to be null and void, because in conflict with the Constitution of the United States.
Argument #1 The Court should rule in favor of Plessy. Plessy has an equal right to ride in the "white" car since he was sold and purchased a ticket for that car. Argument #2 The Court should rule in favor of Ferguson in this case. There existed a state law which said that the railroad must set up separate but equal facilities for the white and colored races. The railroad has done this, therefore Plessy must sit in the "colored" car.