[Congressional Record Volume 150, Number 124 (Tuesday, October 5, 2004)]
[Senate]
[Pages S10417-S10419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PARDONING POSTHUMOUSLY JOHN ARTHUR ``JACK'' JOHNSON

  Mr. McCAIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 447, which was 
submitted earlier today.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 447) expressing the sense of the 
     Senate that the President of the United States should 
     exercise his constitutional authority to pardon posthumously 
     John Arthur ``Jack'' Johnson for Mr. Johnson's racially 
     motivated 1913 conviction that diminished his historic 
     significance and unduly tarnished his reputation.

  Mr. REID. Reserving the right to object, I would like to be added as 
a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. McCAIN. Mr. President, I am pleased that today the Senate will 
approve a Senate resolution, which I introduced with my colleagues 
Senators Hatch and Kennedy, calling on the President to exercise his 
constitutional authority to pardon posthumously the world's first 
African-American heavyweight champion, John Arthur ``Jack'' Johnson, 
for his racially motivated 1913 conviction.
  For those of my colleagues who are not familiar with the plight of 
Jack Johnson, he is considered by many to be the most dominant athlete 
in boxing history. Born in the Jim Crow-era South in 1878 to parents 
who were former slaves, he realized his talent for the sweet science 
early in life. In order to make a living, Johnson traveled across the 
country fighting anyone willing to face him. But he was denied 
repeatedly on purely racial grounds a chance to fight for the world/
heavyweight title. For too long, African American fighters were not 
seen as legitimate contenders for the championship. Fortunately, after 
years of perseverance, Johnson was finally granted an opportunity in 
1908 to fight the then-reigning title holder, Tommy Burns. Johnson 
handily defeated Burns to become the first African-American heavyweight 
champion.
  Jack Johnson's success in the ring, and sometimes indulgent lifestyle 
outside of it, fostered resentment among many and raised concerns that 
Johnson's continued dominance in the ring would somehow disrupt what 
was then perceived by many as a ``racial order.'' So, a search for a 
white boxer who could defeat Johnson began--a recruitment effort that 
was dubbed the search for the ``great white hope.'' That hope arrived 
in the person of former champion Jim Jeffries who returned from 
retirement to fight Johnson in 1910. But when Johnson defeated 
Jeffries, race riots broke out as many sought to avenge the loss.
  Following the defeat of the ``great white hope,'' the Federal 
Government launched an investigation into the legality of Johnson's 
relationships with white women. The Mann Act, which was enacted in 
1910, outlawed the transport of white women across State lines for the 
purpose of prostitution or debauchery, or for ``any other immoral 
purpose.'' Using the ``any other immoral purpose'' clause as a pretext, 
Federal law enforcement officials set out to ``get'' Johnson.
  On October 18, 1912, he was arrested for transporting his white 
girlfriend across State lines in violation of the Act. But the charges 
were dropped when the woman, whose mother had originally tipped off 
Federal officials, refused to cooperate with authorities. She later 
married Johnson.
  Yet Federal authorities persisted in their persecution of Johnson, 
persuading a former white girlfriend of Johnson's to testify that he 
had transported her across State lines. Her testimony resulted in 
Johnson's conviction in 1913, when he was sentenced to 1 year and a day 
in Federal prison. During Johnson's appeal, one prosecutor admitted 
that ``Mr. Johnson was perhaps persecuted as an individual, but that it 
was his misfortune to be the foremost example of the evil in permitting 
the intermarriage of whites and blacks.''
  Johnson fled the country to Canada, and then traveled to various 
European and South American countries, before losing his heavyweight 
championship title in Cuba in 1915. He returned to the United States in 
1920, surrendered to authorities, and served nearly a year in Federal 
prison. Despite this obvious injustice, Johnson refused to turn his 
back on the country that betrayed him. During World War II, he traveled 
the country to promote war bonds. Johnson died in an automobile 
accident in 1946.
  A gross injustice was done to Jack Johnson when a Federal law was 
misused to send him to prison. The Senate's passage of this resolution 
and the President's pardon of Jack Johnson would not right this 
injustice, but it would recognize it, and shed light on the 
achievements of an athlete who was forced into the shadows of bigotry 
and prejudice. Taking such actions would allow future generations to 
grasp fully what Jack Johnson accomplished against great odds and 
appreciate his contributions to society unencumbered by the taint of 
his criminal conviction.
  Jack Johnson was a flawed individual who was certainly controversial. 
But he was also a historic American figure, whose life and 
accomplishments played an instrumental role in our Nation's progress 
toward true equality under the law. And he deserved much better than a 
racially motivated conviction,

[[Page S10418]]

which denied him of his liberty, and served to diminish his athletic, 
cultural, and historic significance.
  The pardon of Jack Johnson would not be an act that would benefit Mr. 
Johnson or his heirs. Rather, his pardon would be a nominal but useful 
corrective of a shameful injustice that would serve as a testament of 
America's resolve to live up to its noble ideals of justice and 
equality. Instead of erasing from our memories the injustice that 
deprived a great athlete of his livelihood and freedom, we have an 
opportunity to speak as one in condemning the public intolerance and 
misuse of Federal authority that was perpetrated against this man.
  While we know that we cannot possibly right the wrong that was done 
to Jack Johnson, we can take this small step toward acknowledging his 
mistreatment and removing the cloud that casts a shadow on his legacy.
  I urge adoption of the resolution.
  I will mention there is a great American named Ken Burns who may be 
the foremost maker of documentaries in America. Ken Burns, Mohammad 
Ali, and many other respected figures throughout America have formed a 
committee for the pardon of Jack Johnson. I hope we can get it sooner 
or later.
  Mr. KENNEDY. Mr. President, it is a privilege to join my colleagues 
in calling for a presidential pardon for Jack Johnson, the first black 
heavyweight champion in boxing, who was unjustly persecuted in 1913 for 
being famous, wealthy, powerful--and black.
  Jack Johnson was the son of a former slave. He grew up in Galveston 
in the era of segregation, harsh racial bigotry, and vicious lynching. 
But Johnson was tough and talented, and he saw a way up. He fought for 
money in ``battle royals,'' in which groups of black men fought until 
the last one standing was declared the winner. He turned professional 
and, at the age of 25, won the Negro heavyweight championship. It was 
1903, and boxing was widely and closely followed throughout the Nation.
  White fighters didn't fight blacks professionally, but Johnson's 
popularity grew. He was an innovative boxer and was sometimes ridiculed 
for his smart and relaxed style, even though it was considered a 
brilliant style when it was later adopted by white boxers.
  With no worlds left to conquer in segregated boxing, Johnson set his 
sights on challenging white boxers, and sportswriters began to support 
his challenge. Jim Jeffries, the white heavyweight champion, retired, 
rather than face Johnson. The title went to Tommy Burns, and a match 
was finally scheduled. Johnson defeated him easily, and whites 
immediately began to scour the country for a ``great white hope'' to 
win the title. Under intense pressure, Jeffries came out of retirement 
to face Johnson on the Fourth of July, 1910, in a fight called the 
``Battle of the Century.'' Johnson defeated him easily.
  Blacks in cities and towns across the country celebrated and some 
were attacked and even killed. Race riots erupted in some cities. In 
1912, the Justice Department tried to do what no boxer could do at the 
time, and knock Johnson out. The Justice Department went to vindictive 
lengths to punish the heavyweight champion of the world because of the 
color of his skin. The law they chose was the Mann Act, which had been 
enacted by Congress in 1910, and which made it a crime to transport a 
woman across state lines ``for the purpose of prostitution or 
debauchery,'' or for ``any other immoral purpose.''
  Johnson flaunted his boxing success and defined bigotry. He had money 
and power at a time when the vast majority of blacks were poor and 
powerless. He was, athletically, the king of the hill, when blacks were 
regarded as physically inferior to whites. Relationships between a 
black man and white woman were often deemed ``immoral'' in those days, 
but Johnson ignored such views. ``I act in my relations with people of 
other races as if prejudice did not exist,'' he said.
  Johnson's relationships with white women enraged whites, and the 
Justice Department searched his past for a suitable case and convicted 
him. Most of the charges were thrown out on appeal, but enough remained 
to sentence Johnson to one year in prison. At the time, the prosecutor 
said Johnson may have been persecuted ``as an individual'' but ``it was 
his misfortune to be the foremost example of the evil in permitting the 
intermarriage of whites and blacks.'' Johnson was the embodiment of the 
hopes of countless blacks, and the prosecutor admitted the conviction 
was meant to ``send a message.'' Johnson served his one-year sentence, 
was shunned by the boxing community, and died in 1946.
  A pardon now would also send a message--that Johnson deserves his 
rightful place in sports history and the Nation's history.
  Civil rights is still the unfinished business in America. Sadly, 
generations of Americans whose names we will never know suffered 
through whole lifetimes of bigotry because of the racism that stained 
our Nation for so long. Correcting such a major symbol of injustice in 
the past reminds us of how much we still must do in the future.
  I commend Senator McCain for introducing this resolution, and I urge 
Congress to approve it.
  Mr. McCAIN. I ask unanimous consent the resolution be agreed to, the 
preamble be agreed to, the motion to reconsider be laid upon the table, 
and any statements relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. 447) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 447

       Whereas, Jack Johnson was a flamboyant, defiant, and 
     controversial figure in American history who challenged 
     racial biases;
       Whereas, Jack Johnson was born in Galveston, Texas, in 1878 
     to parents who were former slaves;
       Whereas, Jack Johnson became a professional boxer and 
     traveled throughout the United States fighting white as well 
     as black heavyweights;
       Whereas, Jack Johnson, after being denied, on purely racial 
     grounds, the opportunity to fight two white champions was 
     granted an opportunity in 1908 by an Australian promoter to 
     fight the reigning white title-holder, Tommy Burns, whom 
     Johnson defeated to become the first African American to hold 
     the title of Heavyweight Champion of the World;
       Whereas, Jack Johnson's victory prompted a search for a 
     white boxer who could beat Johnson, a recruitment effort 
     dubbed the search for the ``great white hope'';
       Whereas, a white former champion named Jim Jeffries left 
     retirement to fight and lose to Jack Johnson in Reno, Nevada, 
     in 1910 in what was deemed the ``Battle of the Century'';
       Whereas, rioting and aggression toward African Americans 
     resulted from Johnson's defeat of Jeffries and led to 
     racially-motivated murders of African Americans nationwide;
       Whereas, Jack Johnson's relationship with white women 
     compounded the resentment felt toward him by many whites;
       Whereas, between 1901 and 1910, 754 African Americans were 
     lynched, some of whom were lynched simply for being ``too 
     familiar'' with white women;
       Whereas, in 1910 the Congress passed the Mann Act, (18 
     U.S.C. 2421), then known as the ``White Slave Traffic Act,'' 
     which outlawed the transportation of women in interstate or 
     foreign commerce ``for the purpose of prostitution or 
     debauchery, or for any other immoral purpose'';
       Whereas, in October, 1912, Jack Johnson became involved 
     with a white woman whose mother disapproved of their 
     relationship and sought action from the United States 
     Department of Justice, claiming that Johnson had abducted her 
     daughter;
       Whereas, Jack Johnson was arrested on October 18, 1912, by 
     Federal marshals for transporting this woman across State 
     lines for an ``immoral purpose'' in violation of the Mann 
     Act, only to have the charges dropped when the woman refused 
     to cooperate with authorities and then married the champion;
       Whereas, Federal authorities persisted and summoned a white 
     woman named Belle Schreiber who testified that Johnson had 
     transported her across State lines for the purpose of 
     ``prostitution and debauchery'';
       Whereas, Jack Johnson was eventually convicted in 1913 of 
     violating the Mann Act and sentenced to one year and a day in 
     Federal prison, but fled the country to Canada and then on to 
     various European and South American countries, before losing 
     the Heavyweight Championship title to Jess Willard in Cuba in 
     1915;
       Whereas, Jack Johnson returned to the United States in 
     July, 1920, surrendered to authorities, served nearly a year 
     in the Federal penitentiary at Leavenworth, Kansas, and 
     fought subsequent boxing matches, but never regained the 
     Heavyweight Championship title;
       Whereas, Jack Johnson served his country during World War 
     II by encouraging citizens to buy war bonds and participating 
     in exhibition boxing matches to promote the war bond cause;

[[Page S10419]]

       Whereas, Jack Johnson died in an automobile accident in 
     1946; and
       Whereas, in 1954 Jack Johnson was inducted into the Boxing 
     Hall of Fame: Now, therefore, be it
       Resolved, That it is the Sense of the Senate that--
       (1) Jack Johnson paved the way for African American 
     athletes to participate and succeed in racially-integrated 
     professional sports in the United States;
       (2) Jack Johnson was wronged by a racially-motivated 
     conviction prompted by his success in the boxing ring and his 
     relationship with white women;
       (3) his criminal conviction unjustly ruined his career and 
     destroyed his reputation; and
       (4) the President of the United States should grant a 
     pardon to Jack Johnson posthumously to expunge from the 
     annals of American criminal justice a racially-motivated 
     abuse of the Federal government's prosecutorial authority and 
     in recognition of Mr. Johnson's athletic and cultural 
     contributions to society.

  Mr. McCAIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. FRIST. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. Mr. President, I ask unanimous consent that 
notwithstanding the adjournment of the Senate or other business before 
the Senate, all time be counted as postcloture time on S. 2845; 
provided further that at 11:30 a.m. on Wednesday, the Senate begin a 
series of rollcall votes on the pending amendments in the order 
offered.
  I further ask unanimous consent that there be 2 minutes equally 
divided prior to each vote, with no second-degree amendments in order 
to the amendments prior to the votes.
  I further ask unanimous consent that the voting sequence end at 
amendment No. 3916.
  I further ask unanimous consent that it be in order for the managers, 
with the concurrence of the two leaders, to send a managers' amendment 
to the desk prior to passage.
  I further ask unanimous consent that following the conclusion of 
those votes and the expiration of any remaining time under rule XXII, 
the Senate vote on any qualified amendment to be followed by third 
reading and a vote on passage of the bill, as amended, with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. Mr. President, I ask unanimous consent that immediately 
following passage of S. 2845, the Senate proceed to the consideration 
of Calendar No. 770, S. Res. 445.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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