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Elizabeth Jennings Graham: The Streetcar Case a Century Before Rosa Parks

In 1854, a Black schoolteacher was thrown off a New York streetcar for refusing to give up her seat — and won her case in court with a young lawyer named Chester A. Arthur.

James HarringtonTuesday, September 1, 20269 min read
Elizabeth Jennings Graham: The Streetcar Case a Century Before Rosa Parks

On the morning of Sunday, July 16, 1854, a twenty-four-year-old schoolteacher named Elizabeth Jennings hurried along Pearl Street in lower Manhattan, late for her post as organist at the First Colored American Congregational Church. She and a friend, Sarah Adams, boarded a horse-drawn streetcar operated by the Third Avenue Railroad Company at the corner of Pearl and Chatham streets. The conductor ordered her off, telling her the car was reserved for white passengers and that she should wait for one marked to carry "her people." Jennings refused. What followed — a physical ejection, a lawsuit, and a courtroom victory argued in part by a future president of the United States — would help dismantle segregation on New York City's streetcars more than a century before Rosa Parks refused to give up her seat on a Montgomery bus.

A Family Built on Firsts

Elizabeth Jennings was born free in New York City around 1827, the daughter of Thomas L. Jennings, a tailor and businessman widely credited as the first Black American to hold a United States patent, granted in 1821 for a dry-scouring process used in clothes cleaning. The Jennings family belonged to New York's small but determined free Black elite — churchgoing, literate, and active in the abolitionist and civil rights causes of the era. Elizabeth herself was educated, taught school, and served as organist for her congregation, a position of respectability and public trust.

New York had abolished slavery outright only in 1827, and even afterward the city's public life remained deeply segregated. Streetcars — horse-drawn omnibuses running on iron rails — were among the few forms of privately operated public transit, and most companies either barred Black riders outright or confined them to specially marked cars, at the discretion of the conductor.

Thrown From the Car

When Jennings refused to leave the streetcar on Chatham Street, the conductor tried to physically remove her. She held on to the window frame; he pulled her loose, and in the struggle her clothing was torn and she was thrown to the pavement. The conductor then summoned a police officer, who forcibly ejected her from the car entirely. Jennings was bruised and shaken, but not deterred.

Her father, Thomas Jennings, moved quickly. Within days he had organized a public meeting to protest the assault, and the case was taken up by the emerging Black press, including reports that reached Frederick Douglass' newspaper. The Jennings family and their allies decided to sue the Third Avenue Railroad Company for damages, arguing that the conductor's actions violated Elizabeth's rights as a common-carrier passenger — the streetcar company, having accepted her fare, owed her the same duty of safe passage it owed any other paying customer.

Chester A. Arthur in the Courtroom

The case was filed not in Manhattan but in Brooklyn — the suit against the Third Avenue Railroad Company was brought in the Brooklyn Circuit Court, part of the state court system, where the Jennings family's counsel believed they stood a better chance before a fair-minded judge and jury than in the city courts most directly tied to the streetcar interests. Representing Jennings was the law firm of Erastus D. Culver, a prominent antislavery attorney and former congressman. The junior lawyer who argued the case was a twenty-four-year-old associate named Chester A. Arthur — the same man who, more than a quarter-century later, would become the twenty-first President of the United States after James Garfield's assassination.

The trial took place in February 1855. Arthur and Culver argued that streetcar companies, as common carriers, could not lawfully exclude a paying, orderly passenger on the basis of race, and that the physical force used against Jennings was an assault. Judge William Rockwell instructed the jury along similar lines, and the jury returned a verdict in Jennings's favor, awarding her damages plus court costs — a total judgment of $225, a substantial sum at the time.

From One Verdict to a City Policy

The Jennings verdict did not, by itself, desegregate New York's streetcars. But it triggered a wider campaign. The Third Avenue Railroad Company, facing continued legal exposure, ordered its conductors to stop excluding Black passengers. Thomas Jennings and allies, including the minister and activist James W. C. Pennington, pressed other streetcar and omnibus lines to follow, forming what amounted to an early civil rights coalition built around the principle that a public conveyance could not lawfully bar orderly, paying Black passengers. Over the following years, line by line, New York City's streetcar companies dropped their exclusionary practices, so that by the mid-1860s segregated streetcars had effectively disappeared from the city, decades before the more famous confrontations of the twentieth-century civil rights movement.

Elizabeth Jennings herself continued teaching in New York's segregated Black public schools for decades. She married Charles Graham in 1860, becoming Elizabeth Jennings Graham, and after the couple's only child died in an 1863 draft-riot-era outbreak of violence against Black New Yorkers, she went on in 1895 to found one of the city's first free kindergartens for Black children, at her own home on West 41st Street. She died in 1901, largely unremembered outside her own community.

A Case Rediscovered

For most of the twentieth century, the Jennings case was a footnote known mainly to specialists in New York's Black history, overshadowed in the national memory by the Montgomery bus boycott of 1955–56 and Rosa Parks's arrest, which unfolded against the backdrop of the mid-twentieth-century civil rights movement and its national media coverage. Yet the structural pattern was strikingly similar: a respectable, working professional, ejected from public transit for refusing to yield to a racial seating rule, whose case became the occasion for organized legal and political action against segregation.

Historians and civic groups have worked in recent decades to restore Jennings to public memory. In 2007, New York City renamed a stretch of street near her old church "Elizabeth Jennings Place," and her role in one of the earliest successful legal challenges to transit segregation in American history is now more widely taught. The 1855 verdict did not end segregation nationally, nor even end every form of discriminatory treatment on New York's own transit lines overnight — but it demonstrated, a full century before the more celebrated battles of the civil rights era, that the law of common carriage could be turned into a weapon against Jim Crow-style exclusion, and that an ordinary citizen's refusal to be moved could set that process in motion.

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About the Author

James Harrington

James Harrington is a public historian and former museum curator who makes history accessible to general audiences. He is passionate about American history and revolutionary movements.

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