[Congressional Record Volume 159, Number 31 (Tuesday, March 5, 2013)]
[Senate]
[Pages S1134-S1135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 5--EXPRESSING THE SENSE OF CONGRESS THAT 
JOHN ARTHUR ``JACK'' JOHNSON SHOULD RECEIVE A POSTHUMOUS PARDON 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 (for himself, Mr. Reid, and Mr. Cowan) submitted the 
following concurrent resolution; which was referred to the Committee on 
the Judiciary:

                             S. Con. Res. 5

       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 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 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;
       Whereas, in 1954, Jack Johnson was inducted into the Boxing 
     Hall of Fame: and
       Whereas, on July 29, 2009, the 111th Congress agreed to 
     Senate Concurrent Resolution 29, which expressed the sense of 
     the 111th Congress that Jack Johnson should receive a 
     posthumous pardon for his racially motivated 1913 conviction: 
     Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it remains the sense of Congress that Jack 
     Johnson should receive a posthumous pardon--
       (1) 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
       (2) in recognition of the athletic and cultural 
     contributions of Jack Johnson to society.

  Mr. McCAIN. Mr. President, I come to the floor to speak about a 
resolution I have submitted which calls on the President of the United 
States to posthumously pardon the world's first African-American 
heavyweight champion, John Arthur ``Jack'' Johnson. I am proud to be 
joined in this effort by my friend, the majority leader, Harry Reid and 
the Senator from Massachusetts Mr. Cowan.
  I would point out that the majority leader of the Senate was once an 
excellent fighter himself, of great skill and agility, which he 
continues to display here as majority leader of the Senate. I would 
also like to thank him for his commitment to the sport of boxing and 
for joining me again in attempting to do justice for a man who was done 
a great injustice.
  For my colleagues who may not be familiar with the story of the late 
Jack Johnson, he is considered by many to be the most dominant athlete 
in boxing history. Arthur John Johnson was born in Galveston, TX, in 
1878 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, in Sydney, Australia. Even though the fight lasted 14 rounds, 
Johnson handily defeated Burns to become the first African-American 
heavyweight champion of the world.
  Jack 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. This recruitment 
effort became known as the search for the ``Great White Hope.'' The so-
called hope arrived in the person of former champion Jim Jeffries, who 
returned from retirement to fight Johnson in 1910. Johnson went on to 
defeat Jeffries, and as a shameful consequence race riots broke out in 
several cities as many sought to avenge Jeffries' defeat.
  Following the loss of the ``Great White Hope,'' the Federal 
Government launched an investigation into the legality of Johnson's 
relationships with Caucasian women. At that time 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 Jack 
Johnson.
  On October 18, 1912, the Federal Government got their man. On that 
day, Johnson was arrested for transporting his Caucasian girlfriend 
across State lines in violation of the Mann Act. However, the charges 
were subsequently dropped when the Caucasian female, whose mother had 
originally tipped off Federal officials, refused to cooperate with 
authorities. She later married Jack Johnson.
  Not to be outdone, the Federal authorities remained persistent in 
their determination to persecute Johnson, persuading a former scorned 
Caucasian

[[Page S1135]]

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:

       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 champion title in Cuba in 1915. Ultimately overcome by 
homesickness, Jack Johnson returned to the United States in 1920, 
surrendering to Federal authorities, and served nearly 1 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 at the age of 68 years.
  Today, as we look back on our Nation's history, the Jack Johnson case 
is a shameful stain apparent to all. Rectifying this injustice is long 
overdue. The resolution we submit today 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. Jack Johnson may have 
been a flawed individual, and he was certainly controversial during his 
day, but he was also a historic American figure whose life and 
accomplishments played an instrumental role in our Nation's development 
and progress toward true equality under the law.
  There is no doubt Jack Johnson deserved much better than a racially 
motivated conviction which denied him his liberty and served to 
diminish his athletic, cultural, and historic significance. As a body 
we should adopt this resolution and continue to fight for a posthumous 
pardon for Jack Johnson to afford future generations the opportunity to 
grasp fully what Jack Johnson accomplished--against great odds--and 
appreciate his contributions to society unencumbered by the taint of an 
unjust, racially motivated criminal conviction.
  Sadly, there is no way for us to possibly right the wrong that was 
done to Jack Johnson during his lifetime, but what we can do is take 
this small step toward acknowledging his mistreatment and remove the 
cloud that casts a shadow on his legacy. After all, that cloud over 
Jack Johnson's legacy says more about our past wrongs than it could 
honestly ever say about Johnson's own. As such, I urge my colleagues to 
support and swiftly adopt the resolution which requests the President 
of the United States grant Jack Johnson a posthumous pardon.

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