Here below I have posted an article from "Main Line Today" magazine, about
how the Rosa Park's movement might have inadvertently begun right here in
our own backyard.

Most interestingly, was that relatives of wounded black soldiers were not
permitted to visit them at Satterlee and Summit Hospitals because they would
not allow them access to the trolley cars.




FRONTLINE: Retrospect
By Mark Dixon
Illustration by Nancy Harrison
 
Mary Miles¹ Long Ride
Before Rosa Parks, there was a brave woman from Chester County.

Beware of unintended consequences. Do the right thing, and sometimes the
result can be very wrong.

Consider Mary E. Miles, an African-American woman from Chester County who,
in the spring of 1866, refused to move to the ³black² seats on a
Philadelphia-to-Oxford trolley. A 19th-century Rosa Parks, Miles eventually
won the right to sit where she pleased. But, in the process, she spawned a
legal precedent for the oppression of blacks.

Little is known of Miles¹ early life. Born free in Philadelphia, she was a
teacher who worked among the freedmen for years. From the late 1850s until
the mid-1860s, she served in Africa as a missionary with her husband, whose
name was probably James. In 1865, due to his ill health, they sailed for
home. But he died in England.

In 1866, Miles applied for a teaching position with the Friends Freedmen¹s
Association (FFA), a Quaker group that sent teachers into the Reconstruction
South to teach freed slaves. When her court case was reported the following
year, the National Anti-Slavery Standard newspaper described her as ³a woman
of education and refinement.²

Finally hired by the FFA in 1869, she taught until 1875 in Virginia and
North Carolina. While awaiting her FFA appointment, Miles taught locally and
seems to have lived at Hinsonville, a rural community of free blacks that
became the site of Lincoln University. Hinsonville was part of a belt of
black settlements that stretched from West Philadelphia through places such
as Darby, Morton and Media to Kennett Square and beyond. These settlements
had existed since at least the 18th century and may explain why, when George
Washington¹s slave, Hercules, escaped in 1797, he ran toward the southwest.
(Hercules¹ trail was lost near Darby.)

When Miles arrived home, slavery was no longer the primary civil rights
issue. That was dying along with the Confederacy. Instead, practical-minded
activists were demanding equal access to streetcars and trolleys, which were
the only way for many black workers to reach their jobs.

Blacks had always worked on the railroads. In the South, slaves had provided
most of the manpower to build and operate the lines. In Pennsylvania, the
first African-American was hired in 1840 by the Philadelphia & Columbia
Railroad to handle baggage. Many others followed, mostly working in similar
support jobs as porters, passenger-car attendants, dining car chefs and
waiters.

Riding as a passenger was another matter. Beginning in the 1840s, blacks
were segregated if they were lucky, banned if they weren¹t. Austrian
engineer Franz Ritter von Gerstner, who visited the United States from 1838
to 1840, found segregation in both the South and North. On the Baltimore &
Susquehanna Railroad, which ran from Baltimore to York, he noted an
eight-wheel baggage car with three sections‹one for luggage, one for
³latrines² and one for ³Negroes.²

Blacks had few ways to resist; revision of the state constitution in 1838
had deprived them of the right to vote. Black children were even excluded
temporarily from some public schools. (Robert Purvis got one such decision
reversed when he refused to pay his property taxes.)

Perhaps because their cars were smaller and more intimate, local trolley and
streetcar operators were more likely to prohibit black passengers. Access to
these lines was also more essential to daily life, however, and protests
began before the Civil War. In 1864, coal merchant William Still used a
support-the-troops strategy to argue that the policies harmed wounded
veterans in West Philadelphia Army hospitals.

³The 1,500 wounded soldiers at the Summit and Satterlee hospitals received
but few visits from their colored brethren, simply because the rules
enforced on these cars would not allow decent colored people to ride,² wrote
Still in 1864. ³The presence and succor of such mother, wife or sister might
save a life.²


IN HARRISBURG, ABOLITIONISTS LED by state Sen. Morrow B. Lowry introduced a
bill in 1865 prohibiting ³any passenger railway company from excluding any
race of people from its passenger cars on account of color.²

The bill would pass, but not until 1867. In 1866, activist Octavius Catto
launched an organized protest in which white supporters boycotted the cars
or‹on lines that allowed blacks to ride, but only outside with the
driver‹stood with them on exterior platforms. ³Our dear friend, Lucretia
Mott, now so ill, has taken her stand beside them in that exposed position,²
wrote Alfred H. Love to the National Anti-Slavery Standard newspaper in
1867.

In this environment, Miles walked one day into the Philadelphia depot of the
West Chester & Philadelphia Railroad (WC&PR) at 31st and Chestnut streets.
The WC&PR‹with a spur that ran from Wawa west through Chadds Ford, Kennett
Square and on to Hinsonville‹was a relatively progressive company. Blacks
were allowed to ride, though required to sit in a separate section. Miles
paid for her ticket and took a seat.

The details of what happened next have not survived. Miles would later sue
in Philadelphia Orphan¹s Court, but most of that court¹s older records were
discarded in the mid-1980s. The short version is that Miles was put off the
train. This might have happened before it left the station, or somewhere in
Delaware County.

The Pennsylvania Supreme Court decision stated that Miles took a seat in the
middle of the car. The conductor reminded her of company rules that she sit
at the end of the car. ³She declined positively and persistently to do it,²
said the court. ³The conductor warned her that he must require her to leave
the cars if she refused, and at last put her out.²

And this curious sentence: ³There was no allegation,² according to the
decision, ³that any force was used greater than was necessary to accomplish
the object of compelling her to leave the cars.² (Which begs the question:
How much force was that?)

Miles sued WC&PR for ³trespass²‹essentially assault‹for forcing her from the
train and charged that any rule ³which prohibits a well-behaved colored
person from taking a vacant seat is not a regulation which the law allows.²

The court agreed and awarded Miles $5 in damages. But the railroad appealed
and won before the state Supreme Court. The decision was read by Chief
Justice Daniel Agnew, a native of Trenton, N.J., who had lived in
Mississippi as a child. Agnew was a unionist during the Civil War but may
have retained some sympathy for Southern ways. According to a history of
Beaver County, Agnew¹s home, the judge said more than once that, had his
family remained in Mississippi, he would be a rebel. And there were family
connections: His first cousin was Varina Howell, wife of Jefferson Davis.

The decision Agnew read in April 1867 asserted that whites shouldn¹t be
expected to behave decently when in close quarters with blacks; that
railroads were within their rights‹and were perhaps performing a duty‹to
segregate; and that separate-but-equal was OK.

³It is not an unreasonable regulation for a common carrier to seat
passengers so as to preserve order and decorum,² said the court. ³If a Negro
take his seat beside a white man or his wife or daughter, the law cannot
repress the anger or conquer the aversion which some will feel.²

WC&PR, noted the decision, had not refused to transport Miles and had not
asserted her inferiority. It merely assigned separate seats. ³The ladies¹
car,² said the court by analogy, ³is known upon every well-regulated
railroad, implies no loss of equal right on the part of the excluded sex and
its propriety is doubted by none.² (Ironically, this was more than 50 years
before women acquired the right to vote.)

Finally, Agnew¹s court sympathized with the railroad¹s need to maintain
order, concluding, ³It is much wiser to avert the consequences of this
repulsion of race by separation, than to punish afterward the breach of the
peace it may have caused.²

A few months later, the decision became moot when Lowry¹s bill became law.
That law prohibited discrimination and effectively overruled the decision¹s
effect in Pennsylvania. But the decision remained on the books for 30 years
until resurrected by another, higher court.

Ironically, three days after Lowry¹s bill became law, Catto¹s fiancée,
Catherine LeCount, was refused entry to a streetcar by a conductor who
shouted in her face, ³We don¹t allow niggers to ride.²

She appealed to a magistrate, who refused to act because he had not yet
received official notice of the law. LeCount obtained an official copy of
the bill and took it to the magistrate, who then arrested and fined the
conductor $100.

In 1892, in Louisiana, a black man named Homer Plessy boarded a ³white² car
on the East Louisiana Railroad, sat down and refused to leave. He was
arrested, jailed and later convicted for violating the state segregation
law. Plessy¹s appeals reached the U.S. Supreme Court. In 1896, in Plessy v.
Ferguson, the court ruled that the separate-but-equal doctrine was
constitutional and cited WC&PR v. Miles, among other cases.

Accommodations were never equal. Under the ³Jim Crow² system blessed by
³Plessy,² white and black schools were not funded equally. Black moviegoers
got the lousy balcony seats. Public drinking fountains, restrooms and parks
were segregated.

White motorists had the right of way at intersections. This continued until
1954 when, in Brown v. Board of Education, the U.S. Supreme Court reversed
Plessy‹and the unintended consequences of Mary Miles¹ refusal to ride home
to Hinsonville with the other black folks.

E-mail comments to Mark E. Dixon at [EMAIL PROTECTED]




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