[Congressional Record Volume 155, Number 55 (Wednesday, April 1, 2009)]
[Senate]
[Pages S4196-S4197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE CONCURRENT RESOLUTION 16--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 THE RACIALLY MOTIVATED CONVICTION IN 1913 THAT DIMINISHED 
 THE ATHLETIC, CULTURAL, AND HISTORIC SIGNIFICANCE OF JACK JOHNSON AND 
                    UNDULY TARNISHED HIS REPUTATION

  Mr. McCAIN submitted the following concurrent resolution; which was 
referred to the Committee on the Judiciary:

                            S. Con. Res. 16

       Whereas John Arthur ``Jack'' Johnson was a flamboyant, 
     defiant, and controversial figure in the history of the 
     United States 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 and 
     African American heavyweights;
       Whereas, after being denied (on purely racial grounds) the 
     opportunity to fight 2 white champions, in 1908, Jack Johnson 
     was granted an opportunity by an Australian promoter to fight 
     the reigning white title-holder, Tommy Burns;
       Whereas Jack Johnson defeated Tommy Burns to become the 
     first African American to hold the title of Heavyweight 
     Champion of the World;
       Whereas, the victory by Jack Johnson over Tommy Burns 
     prompted a search for a white boxer who could beat Jack 
     Johnson, a recruitment effort that was dubbed the search for 
     the ``great white hope'';
       Whereas, in 1910, a white former champion named Jim 
     Jeffries left retirement to fight Jack Johnson in Reno, 
     Nevada;
       Whereas Jim Jeffries lost to Jack Johnson in what was 
     deemed the ``Battle of the Century'';
       Whereas the defeat of Jim Jeffries by Jack Johnson led to 
     rioting, aggression against African Americans, and the 
     racially-motivated murder of African Americans nationwide;
       Whereas the relationships of Jack Johnson with white women 
     compounded the resentment felt toward him by many whites;
       Whereas, between 1901 and 1910, 754 African Americans were 
     lynched, some for simply for being ``too familiar'' with 
     white women;
       Whereas, in 1910, Congress passed the Act of June 25, 1910 
     (commonly known as the ``White Slave Traffic Act'' or the 
     ``Mann Act'') (18 U.S.C. 2421 et seq.), 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 Department of Justice, claiming 
     that Jack Johnson had abducted her daughter;
       Whereas Jack Johnson was arrested by Federal marshals on 
     October 18, 1912, for transporting the woman across State 
     lines for an ``immoral purpose'' in violation of the Mann 
     Act;
       Whereas the Mann Act charges against Jack Johnson were 
     dropped when the woman

[[Page S4197]]

     refused to cooperate with Federal authorities, and then 
     married Jack Johnson;
       Whereas, Federal authorities persisted and summoned a white 
     woman named Belle Schreiber, who testified that Jack Johnson 
     had transported her across State lines for the purpose of 
     ``prostitution and debauchery'';
       Whereas, in 1913, Jack Johnson was convicted of violating 
     the Mann Act and sentenced to 1 year and 1 day in Federal 
     prison;
       Whereas Jack Johnson fled the United States to Canada and 
     various European and South American countries;
       Whereas Jack Johnson lost 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, and served nearly a year in 
     the Federal penitentiary at Leavenworth, Kansas;
       Whereas Jack Johnson subsequently fought in 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;
       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 by the Senate (the House of Representatives 
     concurring), That it is the sense of the Senate that--
       (1) John Arthur ``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) the criminal conviction of Jack Johnson unjustly ruined 
     his career and destroyed his reputation; and
       (4) the President of the United States should grant a 
     pardon to Jack Johnson posthumously--
       (A) to expunge a racially motivated abuse of the 
     prosecutorial authority of the Federal Government from the 
     annals of criminal justice in the United States; and
       (B) in recognition of the athletic and cultural 
     contributions of Jack Johnson to society.

  Mr. McCAIN. Mr. President, today I am pleased to introduce a 
resolution to pardon posthumously the world's first African-American 
heavyweight champion, John Arthur ``Jack'' Johnson. This resolution 
expresses the sense of the Senate that the President should exercise 
his constitutional authority to pardon Jack Johnson posthumously.
  For my colleagues who may not be familiar with the plight of Jack 
Johnson, he is considered by many to be the most dominant athlete in 
boxing history. Arthur John Johnson was born March 31, 1878, in 
Galveston, TX, to parents who were former slaves. At an early age he 
realized his talent for the sweet science. 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.
  Mr. Johnson's success in the ring, and sometimes indulgent lifestyle 
outside of it, fostered resentment among many and raised concerns that 
his continued dominance in the ring would somehow disrupt what was then 
perceived by many as a ``racial order.'' So as history tells us, a 
search for a Caucasian 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 Caucasian women. The Mann Act, which was enacted in 
1910, outlawed the transport of Caucasian 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 Caucasian 
girlfriend across State lines in violation of the act. However, the 
charges were dropped when the Caucasian, 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 Caucasian 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.''
  After the trial, 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 federal authorities, and 
served nearly a year in Federal prison. Despite this obvious and clear 
injustice, Johnson refused to turn his back on the country that 
betrayed him. Mr. Johnson died in an automobile accident in 1946.
  The Jack Johnson case is an ignominious stain on our Nation's 
history. Rectifying this injustice is long overdue. Again, this 
resolution calls on the President to pardon Mr. Johnson posthumously. 
It recognizes the unjustness of what transpired, and sheds light on the 
achievements of an athlete who was forced into the shadows of bigotry 
and prejudice. 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, which denied him of his 
liberty, and served to diminish his athletic, cultural, and historic 
significance.
  Yesterday was the 131st anniversary of Jack Johnson's birth and we 
should take this opportunity to 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. We know that we cannot possibly right the wrong that was 
done to Jack Johnson, but we can take this small step toward 
acknowledging his mistreatment and removing the cloud that casts a 
shadow on his legacy. I urge my colleagues to support this resolution.

                          ____________________