[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 44 Introduced in House (IH)]
111th CONGRESS
1st Session
H. CON. RES. 44
Expressing the sense of the Congress that the President should grant a
pardon to Marcus Mosiah Garvey to clear his name and affirm his
innocence of crimes for which he was unjustly prosecuted and convicted.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 10, 2009
Mr. Rangel submitted the following concurrent resolution; which was
referred to the Committee on the Judiciary
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CONCURRENT RESOLUTION
Expressing the sense of the Congress that the President should grant a
pardon to Marcus Mosiah Garvey to clear his name and affirm his
innocence of crimes for which he was unjustly prosecuted and convicted.
Whereas Marcus Mosiah Garvey was born in St. Ann's Bay, Jamaica, on August 17,
1887, and emigrated to the United States;
Whereas Marcus Garvey was the founder and leader of the Universal Negro
Improvement Association, the largest Black organization in history,
which was dedicated to the economic, social, and political empowerment
of African-Americans and the fostering of unity between all people of
African decent;
Whereas Marcus Garvey's movement for humans rights, economic self-sufficiency,
and cultural solidarity for peoples of African decent attracted millions
of followers in the United States, the Caribbean, Latin America, Africa,
and Europe;
Whereas Marcus Garvey's philosophy of uniting the people of the African Diaspora
around a recognition of their common heritage and his teachings
regarding pride, self help, and identification with Africa inspired
Black leaders throughout the world, including W.E.B. DuBois, Kwame
Nkrumah, Malcolm X, and Martin Luther King;
Whereas pervasive discrimination and subjugation of African-Americans in the
United States created a climate of intolerance towards Black social
activists, such as Marcus Garvey, and a determination by the United
States Government to undermine and destroy the Universal Negro
Improvement Association;
Whereas Marcus Garvey became the target of surveillance and harassment by
Federal law enforcement agencies;
Whereas Marcus Garvey was arrested numerous times, with charges being dropped on
each occasion, thus indicating that the arrests were solely for the
purpose of harassing Marcus Garvey and disrupting the Universal Negro
Improvement Association;
Whereas, after a zealous effort by Government authorities, which included
infiltration of the Universal Negro Improvement Association, Marcus
Garvey was prosecuted and convicted of a single count of mail fraud by
Federal authorities in 1923 and sent to prison;
Whereas Marcus Garvey, in connection with the severe criticism of his
politically motivated conviction, submitted his first official
application for Executive clemency in 1925;
Whereas, in 1926, nine members of the jury that convicted Marcus Garvey signed
an affidavit recommending the commutation of his sentence;
Whereas, in response to the public outcry regarding the suspect nature of
Garvey's conviction, and on the action of the United States Pardon
Attorney's Office, President Calvin Coolidge commuted Garvey's sentence
in 1927, establishing the precedent for Executive clemency in this case;
Whereas Marcus Garvey, as a consequence of his conviction, was deported from the
United States in 1927, never to return again;
Whereas Marcus Garvey maintained his innocence and his desire to be exonerated
throughout the remainder of his life;
Whereas it is now widely accepted that the case against Marcus Garvey was
politically motivated, the charges unsubstantiated, and his conviction
unjust;
Whereas millions of petitioners have appealed for his exoneration;
Whereas Marcus Garvey's body was returned to Jamaica in 1964, where he was
officially declared the country's first national hero;
Whereas Marcus Garvey is recognized as a towering figure in African, African-
American, and world history; and
Whereas Marcus Garvey's life and contributions to the United States should be
recognized and appropriate steps taken to restore his name and
reputation in this country: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That it is the sense of Congress that--
(1) Marcus Garvey was innocent of the charges brought
against him by the United States Government;
(2) Marcus Garvey is and should be recognized
internationally as a leader and thinker in the struggle for
human rights and dignity; and
(3) the President should endeavor to restore the honor and
good name of Marcus Garvey through the granting of a full
posthumous pardon that proclaims his conviction to have been
unjust and unwarranted and affirms his innocence on the charges
brought against him.
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