This measure would respectfully urge the recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II was wrongfully pursued because of racial prejudice and would respectfully urge the Congress of the United States to publicly exonerate those 50 African American sailors of the United States Navy in order to further aid in healing the racial divide that continues to exist in the United States.

This measure would respectfully urge the recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II was wrongfully pursued because of racial prejudice and would respectfully urge the Congress of the United States to publicly exonerate those 50 African American sailors of the United States Navy in order to further aid in healing the racial divide that continues to exist in the United States.

This measure would respectfully urge the recognizition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II were wrongfully pursued because of racial prejudice and respectfully urge the Congress of the United States to publicly exonerate those 50 African American sailors of the United States Navy in order to further aid in healing the racial divide that continues to exist in the United States.

This measure would respectfully urge the recognizition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II were wrongfully pursued because of racial prejudice and respectfully urge the Congress of the United States to publicly exonerate those 50 African American sailors of the United States Navy in order to further aid in healing the racial divide that continues to exist in the United States.

WHEREAS, The deadliest home-front disaster of World War II occurred at the Port Chicago Naval Magazine in Concord, California, on July 17, 1944, when an explosion at the naval facility killed or wounded 710 people, 435 of whom were African American; and

WHEREAS, This single disaster accounted for more than 15 percent of all African American naval casualties during World War II; and

WHEREAS, After the disaster, 258 African American survivors of the explosion refused to resume the loading and unloading of ammunition at the naval facility, citing inadequate training and the use of unsafe practices; and

WHEREAS, According to a United States Navy report, the actual work of loading ammunition and explosives aboard the ships was performed exclusively by Afro-Americans under the supervision of white officers and Afro-American petty officers and the routine assignment of Afro-American enlisted personnel to manual labor was clearly motivated by race and premised upon the mistaken notion that they were intellectually inferior and thus incapable of meeting the same standards as their white counterparts; and

WHEREAS, One of the ships was loaded with around 4,600 tons of ammunition and high explosives, some of which weighed 650 pounds with activating mechanisms or fuses installed; and

WHEREAS, At that time there was no formal training in safe methods of ammunition handling given to enlisted men, and the United States Navy failed to adequately provide these men with the tools necessary to operate under safe working conditions, even after the explosion occurred; and

WHEREAS, Weeks before the explosion, the longshoremens union warned the United States Navy that there would be a disaster if the Navy continued to use untrained seamen to load ammunition and offered to send experienced longshoremen to train Navy recruits in safe handling of ammunition, but this offer from the union was ignored by the United States Navy; and

WHEREAS, Subsequent research has confirmed the use of unsafe ammunition loading methods at the naval facility at the time and has recognized the existence of pervasive racial prejudice in the United States Navy during World War II; and

WHEREAS, As documented in the book The Port Chicago Mutiny by Dr. Robert L. Allen, a worker described Port Chicago as a slave outfit, adding that we were considered a cheap labor force from the beginning; and

WHEREAS, White officers would encourage African American sailors to compete while loading ammunition and explosives while those officers placed bets among themselves; and

WHEREAS, Following the explosion, many of the African American survivors expected to be granted survivors leave before being reassigned to regular duty, but that leave was not granted, even for those who had been hospitalized, and all African American men were sent back to work loading ammunition under the same officers as before; and

WHEREAS, White officers were permitted to go home for 30-day leaves; and

WHEREAS, Fifty sailors of the United States Navy, all African American men, ultimately were tried and convicted of mutiny for failing to obey orders to resume loading activities; and

WHEREAS, A mutiny is active revolt with the intent of taking charge, but a refusal to work is a passive act of resistance without intent to seize power; and

WHEREAS, Thurgood Marshall, then a chief counsel for the NAACP, was reported to state he saw no reason why the men should be tried for mutiny, which implies a mass conspiracy, rather than on lesser charges of individual subordination and blasted the trial by stating that the defendants were being tried for mutiny solely because of their race and color; and

WHEREAS, The United States Navy has concluded that there can be no doubt that racial prejudice was responsible for the posting of Afro-American enlisted personnel to the loading divisions at Port Chicago, and similar racial prejudicial bias has been documented in the conduct of the trial that resulted in the court-martial of the sailors at Port Chicago; and

WHEREAS, Virtually all of the convicted sailors were released from prison early in 1946 and were given a general discharge from the Navy under honorable conditions, and the United States Navy announced at the time that race would no longer be a factor in filling its jobs; and

WHEREAS, In 1999, Freddie Meeks was pardoned by President Bill Clinton in recognition of the injustice he suffered as one of the convicted sailors, and at the time of his pardon, Mr. Meeks said, After all these years, the world should know what happened at Port Chicago. It should be cleared up that we did not commit mutiny, and we were charged with that because of our race; and

WHEREAS, In 2003, the National Park Service dedicated the Port Chicago Naval Magazine National Memorial at the disaster site, which serves not only as a tribute to the 320 men who died in that World War II explosion, but also as an acknowledgment of that event as the touchstone for desegregation in the military and the beginning of civil rights for all Americans; and

WHEREAS, In a July 17, 2014, letter recognizing the 70th anniversary of the tragedy, President Barack Obama acknowledged the African American sailors at Port Chicago, stating, Faced with tremendous obstacles, they fought on two fronts for freedom abroad and equality at home; and

WHEREAS, All of the sailors involved in the Port Chicago cases have passed away, but their family members and friends continue to request that the sailors be cleared of all charges; now, therefore, be it

Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature respectfully urges the recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II were wrongfully pursued because of racial prejudice, as evidenced by the racial bias in the United States Navys original findings in their cases and the different treatment afforded to the convicted sailors white counterparts and officers; and be it further

Resolved, That the Legislature respectfully urges the Congress of the United States to publicly exonerate the 50 African American sailors of the United States Navy who were convicted of mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II in order to further aid in healing the racial divide that continues to exist in the United States; and be it further

Resolved, That the Legislature respectfully urges the Congress of the United States to take action to retroactively convert the general discharge granted to each of the 50 African American sailors to an honorable discharge; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and the Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States.

WHEREAS, The deadliest home-front disaster of World War II occurred at the Port Chicago Naval Magazine in Concord, California, on July 17, 1944, when an explosion at the naval facility killed or wounded 710 people, 435 of whom were African American; and

WHEREAS, This single disaster accounted for more than 15 percent of all African American naval casualties during World War II; and

WHEREAS, After the disaster, 258 African American survivors of the explosion refused to resume the loading and unloading of ammunition at the naval facility, citing inadequate training and the use of unsafe practices; and

WHEREAS, According to a United States Navy report, the actual work of loading ammunition and explosives aboard the ships was performed exclusively by Afro-Americans under the supervision of white officers and Afro-American petty officers and the routine assignment of Afro-American enlisted personnel to manual labor was clearly motivated by race and premised upon the mistaken notion that they were intellectually inferior and thus incapable of meeting the same standards as their white counterparts; and

WHEREAS, One of the ships was loaded with around 4,600 tons of ammunition and high explosives, some of which weighed 650 pounds with activating mechanisms or fuses installed; and

WHEREAS, At that time there was no formal training in safe methods of ammunition handling given to enlisted men, and the United States Navy failed to adequately provide these men with the tools necessary to operate under safe working conditions, even after the explosion occurred; and

WHEREAS, Weeks before the explosion, the longshoremens union warned the United States Navy that there would be a disaster if the Navy continued to use untrained seamen to load ammunition and offered to send experienced longshoremen to train Navy recruits in safe handling of ammunition, but this offer from the union was ignored by the United States Navy; and

WHEREAS, Subsequent research has confirmed the use of unsafe ammunition loading methods at the naval facility at the time and has recognized the existence of pervasive racial prejudice in the United States Navy during World War II; and

WHEREAS, As documented in the book The Port Chicago Mutiny by Dr. Robert L. Allen, a worker described Port Chicago as a slave outfit, adding that we were considered a cheap labor force from the beginning; and

WHEREAS, White officers would encourage African American sailors to compete while loading ammunition and explosives while those officers placed bets among themselves; and

WHEREAS, Following the explosion, many of the African American survivors expected to be granted survivors leave before being reassigned to regular duty, but that leave was not granted, even for those who had been hospitalized, and all African American men were sent back to work loading ammunition under the same officers as before; and

WHEREAS, White officers were permitted to go home for 30-day leaves; and

WHEREAS, Fifty sailors of the United States Navy, all African American men, ultimately were tried and convicted of mutiny for failing to obey orders to resume loading activities; and

WHEREAS, A mutiny is active revolt with the intent of taking charge, but a refusal to work is a passive act of resistance without intent to seize power; and

WHEREAS, Thurgood Marshall, then a chief counsel for the NAACP, was reported to state he saw no reason why the men should be tried for mutiny, which implies a mass conspiracy, rather than on lesser charges of individual subordination and blasted the trial by stating that the defendants were being tried for mutiny solely because of their race and color; and

WHEREAS, The United States Navy has concluded that there can be no doubt that racial prejudice was responsible for the posting of Afro-American enlisted personnel to the loading divisions at Port Chicago, and similar racial prejudicial bias has been documented in the conduct of the trial that resulted in the court-martial of the sailors at Port Chicago; and

WHEREAS, Virtually all of the convicted sailors were released from prison early in 1946 and were given a general discharge from the Navy under honorable conditions, and the United States Navy announced at the time that race would no longer be a factor in filling its jobs; and

WHEREAS, In 1999, Freddie Meeks was pardoned by President Bill Clinton in recognition of the injustice he suffered as one of the convicted sailors, and at the time of his pardon, Mr. Meeks said, After all these years, the world should know what happened at Port Chicago. It should be cleared up that we did not commit mutiny, and we were charged with that because of our race; and

WHEREAS, In 2003, the National Park Service dedicated the Port Chicago Naval Magazine National Memorial at the disaster site, which serves not only as a tribute to the 320 men who died in that World War II explosion, but also as an acknowledgment of that event as the touchstone for desegregation in the military and the beginning of civil rights for all Americans; and

WHEREAS, In a July 17, 2014, letter recognizing the 70th anniversary of the tragedy, President Barack Obama acknowledged the African American sailors at Port Chicago, stating, Faced with tremendous obstacles, they fought on two fronts for freedom abroad and equality at home; and

WHEREAS, All of the sailors involved in the Port Chicago cases have passed away, but their family members and friends continue to request that the sailors be cleared of all charges; now, therefore, be it

Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature respectfully urges the recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II were wrongfully pursued because of racial prejudice, as evidenced by the racial bias in the United States Navys original findings in their cases and the different treatment afforded to the convicted sailors white counterparts and officers; and be it further

Resolved, That the Legislature respectfully urges the Congress of the United States to publicly exonerate the 50 African American sailors of the United States Navy who were convicted of mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II in order to further aid in healing the racial divide that continues to exist in the United States; and be it further

Resolved, That the Legislature respectfully urges the Congress of the United States to take action to retroactively convert the general discharge granted to each of the 50 African American sailors to an honorable discharge; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and the Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States.

WHEREAS, The deadliest home-front disaster of World War II occurred at the Port Chicago Naval Magazine in Concord, California, on July 17, 1944, when an explosion at the naval facility killed or wounded 710 people, 435 of whom were African American; and

WHEREAS, This single disaster accounted for more than 15 percent of all African American naval casualties during World War II; and

WHEREAS, After the disaster, 258 African American survivors of the explosion refused to resume the loading and unloading of ammunition at the naval facility, citing inadequate training and the use of unsafe practices; and

WHEREAS, According to a United States Navy report, the actual work of loading ammunition and explosives aboard the ships was performed exclusively by Afro-Americans under the supervision of white officers and Afro-American petty officers and the routine assignment of Afro-American enlisted personnel to manual labor was clearly motivated by race and premised upon the mistaken notion that they were intellectually inferior and thus incapable of meeting the same standards as their white counterparts; and

WHEREAS, One of the ships was loaded with around 4,600 tons of ammunition and high explosives, some of which weighed 650 pounds with activating mechanisms or fuses installed; and

WHEREAS, At that time there was no formal training in safe methods of ammunition handling given to enlisted men, and the United States Navy failed to adequately provide these men with the tools necessary to operate under safe working conditions, even after the explosion occurred; and

WHEREAS, Weeks before the explosion, the longshoremens union warned the United States Navy that there would be a disaster if the Navy continued to use untrained seamen to load ammunition and offered to send experienced longshoremen to train Navy recruits in safe handling of ammunition, but this offer from the union was ignored by the United States Navy; and

WHEREAS, Subsequent research has confirmed the use of unsafe ammunition loading methods at the naval facility at the time and has recognized the existence of pervasive racial prejudice in the United States Navy during World War II; and

WHEREAS, As documented in the book The Port Chicago Mutiny by Dr. Robert L. Allen, a worker described Port Chicago as a slave outfit, adding that we were considered a cheap labor force from the beginning; and

WHEREAS, White officers would encourage African American sailors to compete while loading ammunition and explosives while those officers placed bets among themselves; and

WHEREAS, Following the explosion, many of the African American survivors expected to be granted survivors leave before being reassigned to regular duty, but that leave was not granted, even for those who had been hospitalized, and all African American men were sent back to work loading ammunition under the same officers as before; and

WHEREAS, White officers were permitted to go home for 30-day leaves; and

WHEREAS, Fifty sailors of the United States Navy, all African American men, ultimately were tried and convicted of mutiny for failing to obey orders to resume loading activities; and

WHEREAS, A mutiny is active revolt with the intent of taking charge, but a refusal to work is a passive act of resistance without intent to seize power; and

WHEREAS, Thurgood Marshall, then a chief counsel for the NAACP, was reported to state he saw no reason why the men should be tried for mutiny, which implies a mass conspiracy, rather than on lesser charges of individual subordination and blasted the trial by stating that the defendants were being tried for mutiny solely because of their race and color; and

WHEREAS, The United States Navy has concluded that there can be no doubt that racial prejudice was responsible for the posting of Afro-American enlisted personnel to the loading divisions at Port Chicago, and similar racial prejudicial bias has been documented in the conduct of the trial that resulted in the court-martial of the sailors at Port Chicago; and

WHEREAS, Virtually all of the convicted sailors were released from prison early in 1946 and were given a general discharge from the Navy under honorable conditions, and the United States Navy announced at the time that race would no longer be a factor in filling its jobs; and

WHEREAS, In 1999, Freddie Meeks was pardoned by President Bill Clinton in recognition of the injustice he suffered as one of the convicted sailors, and at the time of his pardon, Mr. Meeks said, After all these years, the world should know what happened at Port Chicago. It should be cleared up that we did not commit mutiny, and we were charged with that because of our race; and

WHEREAS, In 2003, the National Park Service dedicated the Port Chicago Naval Magazine National Memorial at the disaster site, which serves not only as a tribute to the 320 men who died in that World War II explosion, but also as an acknowledgment of that event as the touchstone for desegregation in the military and the beginning of civil rights for all Americans; and

WHEREAS, In a July 17, 2014, letter recognizing the 70th anniversary of the tragedy, President Barack Obama acknowledged the African American sailors at Port Chicago, stating, Faced with tremendous obstacles, they fought on two fronts for freedom abroad and equality at home; and

WHEREAS, All of the sailors involved in the Port Chicago cases have passed away, but their family members and friends continue to request that the sailors be cleared of all charges; now, therefore, be it

Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature respectfully urges the recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II were wrongfully pursued because of racial prejudice, as evidenced by the racial bias in the United States Navys original findings in their cases and the different treatment afforded to the convicted sailors white counterparts and officers; and be it further

Resolved, That the Legislature respectfully urges the Congress of the United States to publicly exonerate the 50 African American sailors of the United States Navy who were convicted of mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II in order to further aid in healing the racial divide that continues to exist in the United States; and be it further

Resolved, That the Legislature respectfully urges the Congress of the United States to take action to retroactively convert the general discharge granted to each of the 50 African American sailors to an honorable discharge; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and the Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States.

WHEREAS, The deadliest home-front disaster of World War II occurred at the Port Chicago Naval Magazine in Concord, California, on July 17, 1944, when an explosion at the naval facility killed or wounded 710 people, 435 of whom were African American; and

WHEREAS, This single disaster accounted for more than 15 percent of all African American naval casualties during World War II; and

WHEREAS, After the disaster, 258 African American survivors of the explosion refused to resume the loading and unloading of ammunition at the naval facility, citing inadequate training and the use of unsafe practices; and

WHEREAS, According to a United States Navy report, the actual work of loading ammunition and explosives aboard the ships was performed exclusively by Afro-Americans under the supervision of white officers and Afro-American petty officers and the routine assignment of Afro-American enlisted personnel to manual labor was clearly motivated by race and premised upon the mistaken notion that they were intellectually inferior and thus incapable of meeting the same standards as their white counterparts; and

WHEREAS, One of the ships was loaded with around 4,600 tons of ammunition and high explosives, some of which weighed 650 pounds with activating mechanisms or fuses installed; and

WHEREAS, At that time there was no formal training in safe methods of ammunition handling given to enlisted men, and the United States Navy failed to adequately provide these men with the tools necessary to operate under safe working conditions, even after the explosion occurred; and

WHEREAS, Weeks before the explosion, the longshoremens union warned the United States Navy that there would be a disaster if the Navy continued to use untrained seamen to load ammunition and offered to send experienced longshoremen to train Navy recruits in safe handling of ammunition, but this offer from the union was ignored by the United States Navy; and

WHEREAS, Subsequent research has confirmed the use of unsafe ammunition loading methods at the naval facility at the time and has recognized the existence of pervasive racial prejudice in the United States Navy during World War II; and

WHEREAS, As documented in the book The Port Chicago Mutiny by Dr. Robert L. Allen, a worker described Port Chicago as a slave outfit, adding that we were considered a cheap labor force from the beginning; and

WHEREAS, White officers would encourage African American sailors to compete while loading ammunition and explosives while those officers placed bets among themselves; and

WHEREAS, Following the explosion, many of the African American survivors expected to be granted survivors leave before being reassigned to regular duty, but that leave was not granted, even for those who had been hospitalized, and all African American men were sent back to work loading ammunition under the same officers as before; and

WHEREAS, White officers were permitted to go home for 30-day leaves; and

WHEREAS, Fifty sailors of the United States Navy, all African American men, ultimately were tried and convicted of mutiny for failing to obey orders to resume loading activities; and

WHEREAS, A mutiny is active revolt with the intent of taking charge, but a refusal to work is a passive act of resistance without intent to seize power; and

WHEREAS, Thurgood Marshall, then a chief counsel for the NAACP, was reported to state he saw no reason why the men should be tried for mutiny, which implies a mass conspiracy, rather than on lesser charges of individual subordination and blasted the trial by stating that the defendants were being tried for mutiny solely because of their race and color; and

WHEREAS, The United States Navy has concluded that there can be no doubt that racial prejudice was responsible for the posting of Afro-American enlisted personnel to the loading divisions at Port Chicago, and similar racial prejudicial bias has been documented in the conduct of the trial that resulted in the court-martial of the sailors at Port Chicago; and

WHEREAS, Virtually all of the convicted sailors were released from prison early in 1946 and were given a general discharge from the Navy under honorable conditions, and the United States Navy announced at the time that race would no longer be a factor in filling its jobs; and

WHEREAS, In 1999, Freddie Meeks was pardoned by President Bill Clinton in recognition of the injustice he suffered as one of the convicted sailors, and at the time of his pardon, Mr. Meeks said, After all these years, the world should know what happened at Port Chicago. It should be cleared up that we did not commit mutiny, and we were charged with that because of our race; and

WHEREAS, In 2003, the National Park Service dedicated the Port Chicago Naval Magazine National Memorial at the disaster site, which serves not only as a tribute to the 320 men who died in that World War II explosion, but also as an acknowledgment of that event as the touchstone for desegregation in the military and the beginning of civil rights for all Americans; and

WHEREAS, In a July 17, 2014, letter recognizing the 70th anniversary of the tragedy, President Barack Obama acknowledged the African American sailors at Port Chicago, stating, Faced with tremendous obstacles, they fought on two fronts for freedom abroad and equality at home; and

WHEREAS, All of the sailors involved in the Port Chicago cases have passed away, but their family members and friends continue to request that the sailors be cleared of all charges; now, therefore, be it

Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature respectfully urges the recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II were wrongfully pursued because of racial prejudice, as evidenced by the racial bias in the United States Navys original findings in their cases and the different treatment afforded to the convicted sailors white counterparts and officers; and be it further

Resolved, That the Legislature respectfully urges the Congress of the United States to publicly exonerate the 50 African American sailors of the United States Navy who were convicted of mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II in order to further aid in healing the racial divide that continues to exist in the United States; and be it further

Resolved, That the Legislature respectfully urges the Congress of the United States to take action to retroactively convert the general discharge granted to each of the 50 African American sailors to an honorable discharge; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and the Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States.

 CONSENT  

Bill No: AJR 33

Author:

:

Vote: 21

SENATE VETERANS AFFAIRS COMMITTEE: 5-0, 6/14/16

AYES: Nielsen, Hueso, Allen, Nguyen, Roth

ASSEMBLY FLOOR: 78-0, 5/5/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This resolution urges the Congress of the United States to publicly exonerate the 50 African American sailors of the United States Navy, who were inappropriately tried for and convicted of mutiny in connection with the Port Chicago Naval Magazine incident (July 1944), and to retroactively convert the general discharge granted to each of those sailors to an honorable discharge.

ANALYSIS: This resolution makes the following legislative findings:

1. The deadliest home-front disaster of World War II occurred at the Port Chicago Naval Magazine in Concord, California, on July 17, 1944, when an explosion at the naval facility killed or wounded 710 people, 435 of whom were African American.
2. This single disaster accounted for more than 15 percent of all African American naval casualties during World War II.
3. After the disaster, 258 African American survivors of the explosion refused to resume the loading and unloading of ammunition at the naval facility, citing inadequate training and the use of unsafe practices.
4. According to a United States Navy report, “the actual work of loading ammunition and explosives aboard the ships was performed exclusively by Afro-Americans under the supervision of white officers and Afro-American petty officers” and “the routine assignment of Afro-American enlisted personnel to manual labor was clearly motivated by race and premised upon the mistaken notion that they were intellectually inferior and thus incapable of meeting the same standards as their white counterparts.”
5. One of the ships was loaded with around 4,600 tons of ammunition and high explosives, some of which weighed 650 pounds with activating mechanisms or fuses installed.
6. At that time there was no formal training in safe methods of ammunition handling given to enlisted men, and the United States Navy failed to adequately provide these men with the tools necessary to operate under safe working conditions, even after the explosion occurred.
7. Weeks before the explosion, the longshoremen’s union warned the United States Navy that there would be a disaster if the Navy continued to use untrained seamen to load ammunition and offered to send experienced longshoremen to train Navy recruits in safe handling of ammunition, but this offer from the union was ignored by the United States Navy.
8. Subsequent research has confirmed the use of unsafe ammunition loading methods at the naval facility at the time and has recognized the existence of pervasive racial prejudice in the United States Navy during World War II.
9. As documented in the book “The Port Chicago Mutiny” by Dr. Robert L. Allen, a worker described Port Chicago as a “slave outfit,” adding that “we were considered a cheap labor force from the beginning.”
10. White officers would encourage African American sailors to compete while loading ammunition and explosives while those officers placed bets among themselves.
11. Following the explosion, many of the African American survivors expected to be granted survivors’ leave before being reassigned to regular duty, but that leave was not granted, even for those who had been hospitalized, and all African American men were sent back to work loading ammunition under the same officers as before.
12. White officers were permitted to go home for 30-day leaves.
13. Fifty sailors of the United States Navy, all African American men, ultimately were tried and convicted of mutiny for failing to obey orders to resume loading activities.
14. A mutiny is active revolt with the intent of taking charge, but a refusal to work is a passive act of resistance without intent to seize power.
15. Thurgood Marshall, then a chief counsel for the NAACP, was reported to state he saw no reason why the men should be tried for mutiny, which implies a mass conspiracy, rather than on lesser charges of individual subordination and blasted the trial by stating that the defendants were being tried for mutiny “solely because of their race and color.”
16. The United States Navy has concluded that there can be “no doubt that racial prejudice was responsible for the posting of Afro-American enlisted personnel to the loading divisions at Port Chicago,” and similar racial prejudicial bias has been documented in the conduct of the trial that resulted in the court-martial of the sailors at Port Chicago.
17. Virtually all of the convicted sailors were released from prison early in 1946 and were given a general discharge from the Navy “under honorable conditions,” and the United States Navy announced at the time that race would no longer be a factor in filling its jobs.
18. In 1999, Freddie Meeks was pardoned by President Bill Clinton in recognition of the injustice he suffered as one of the convicted sailors, and at the time of his pardon, Mr. Meeks said, “After all these years, the world should know what happened at Port Chicago. It should be cleared up that we did not commit mutiny, and we were charged with that because of our race.”
19. In 2003, the National Park Service dedicated the Port Chicago Naval Magazine National Memorial at the disaster site, which serves not only as a tribute to the 320 men who died in that World War II explosion, but also as an acknowledgment of that event as the touchstone for desegregation in the military and the beginning of civil rights for all Americans.
20. In a July 17, 2014, letter recognizing the 70th anniversary of the tragedy, President Barack Obama acknowledged the African American sailors at Port Chicago, stating, “Faced with tremendous obstacles, they fought on two fronts – for freedom abroad and equality at home.”
21. All of the sailors involved in the Port Chicago cases have passed away, but their family members and friends continue to request that the sailors be cleared of all charges.

Related/Prior Legislation

SR 69 (Glazer, 2016) urges the President and Congress of the United States to exonerate, clear the records of restore honor to, and rectify federal military mistreatment of, African-American sailors unjustly convicted of mutiny regarding the 1944 Port Chicago disaster. This resolution is pending on Senate Third Reading.

SJR 21 (Wright, Resolution Chapter 47, Statutes of 2010) memorialized Congress and the President to vindicate the sailors unjustly blamed for and convicted of mutiny following the Port Chicago disaster, and to rectify any related mistreatment.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/15/16)

American G.I. Forum of California

American Legion - Department of California

AMVETS - Department of California

California Association of County Veterans Service Officers

California State Commanders Veteran Council

Military Officers Association of America - California Council of Chapters

Veterans of Foreign Wars - Department of California

Vietnam Veterans of American - California State Council

One individual

OPPOSITION: (Verified 6/15/16)

None received

ASSEMBLY FLOOR: 78-0, 5/5/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Beth Gaines, Jones-Sawyer

Prepared by:

6/15/16 17:24:43

**** END ****

SENATE COMMITTEE ON

Senator Jim Nielsen, Chair

2015 - 2016 Regular

Bill No: Hearing Date: 6/14/16

Subject:

DESCRIPTION

Summary:

This resolution urges the Congress of the United States to publicly exonerate the 50 African American sailors of the United States Navy, who were inappropriately tried for and convicted of mutiny in connection with the Port Chicago Naval Magazine incident (July 1944), and to retroactively convert the general discharge granted to each of those sailors to an honorable discharge.

COMMENT

1. Legislative Findings:
2. The deadliest home-front disaster of World War II occurred at the Port Chicago Naval Magazine in Concord, California, on July 17, 1944, when an explosion at the naval facility killed or wounded 710 people, 435 of whom were African American.
3. This single disaster accounted for more than 15 percent of all African American naval casualties during World War II.
4. After the disaster, 258 African American survivors of the explosion refused to resume the loading and unloading of ammunition at the naval facility, citing inadequate training and the use of unsafe practices.
5. According to a United States Navy report, “the actual work of loading ammunition and explosives aboard the ships was performed exclusively by Afro-Americans under the supervision of white officers and Afro-American petty officers” and “the routine assignment of Afro-American enlisted personnel to manual labor was clearly motivated by race and premised upon the mistaken notion that they were intellectually inferior and thus incapable of meeting the same standards as their white counterparts.”
6. One of the ships was loaded with around 4,600 tons of ammunition and high explosives, some of which weighed 650 pounds with activating mechanisms or fuses installed.
7. At that time there was no formal training in safe methods of ammunition handling given to enlisted men, and the United States Navy failed to adequately provide these men with the tools necessary to operate under safe working conditions, even after the explosion occurred.
8. Weeks before the explosion, the longshoremen’s union warned the United States Navy that there would be a disaster if the Navy continued to use untrained seamen to load ammunition and offered to send experienced longshoremen to train Navy recruits in safe handling of ammunition, but this offer from the union was ignored by the United States Navy.
9. Subsequent research has confirmed the use of unsafe ammunition loading methods at the naval facility at the time and has recognized the existence of pervasive racial prejudice in the United States Navy during World War II.
10. As documented in the book “The Port Chicago Mutiny” by Dr. Robert L. Allen, a worker described Port Chicago as a “slave outfit,” adding that “we were considered a cheap labor force from the beginning.”
11. White officers would encourage African American sailors to compete while loading ammunition and explosives while those officers placed bets among themselves.
12. Following the explosion, many of the African American survivors expected to be granted survivors’ leave before being reassigned to regular duty, but that leave was not granted, even for those who had been hospitalized, and all African American men were sent back to work loading ammunition under the same officers as before.
13. White officers were permitted to go home for 30-day leaves.
14. Fifty sailors of the United States Navy, all African American men, ultimately were tried and convicted of mutiny for failing to obey orders to resume loading activities.
15. A mutiny is active revolt with the intent of taking charge, but a refusal to work is a passive act of resistance without intent to seize power.
16. Thurgood Marshall, then a chief counsel for the NAACP, was reported to state he saw no reason why the men should be tried for mutiny, which implies a mass conspiracy, rather than on lesser charges of individual subordination and blasted the trial by stating that the defendants were being tried for mutiny “solely because of their race and color.”
17. The United States Navy has concluded that there can be “no doubt that racial prejudice was responsible for the posting of Afro-American enlisted personnel to the loading divisions at Port Chicago,” and similar racial prejudicial bias has been documented in the conduct of the trial that resulted in the court-martial of the sailors at Port Chicago.
18. Virtually all of the convicted sailors were released from prison early in 1946 and were given a general discharge from the Navy “under honorable conditions,” and the United States Navy announced at the time that race would no longer be a factor in filling its jobs.
19. In 1999, Freddie Meeks was pardoned by President Bill Clinton in recognition of the injustice he suffered as one of the convicted sailors, and at the time of his pardon, Mr. Meeks said, “After all these years, the world should know what happened at Port Chicago. It should be cleared up that we did not commit mutiny, and we were charged with that because of our race.”
20. In 2003, the National Park Service dedicated the Port Chicago Naval Magazine National Memorial at the disaster site, which serves not only as a tribute to the 320 men who died in that World War II explosion, but also as an acknowledgment of that event as the touchstone for desegregation in the military and the beginning of civil rights for all Americans.
21. In a July 17, 2014, letter recognizing the 70th anniversary of the tragedy, President Barack Obama acknowledged the African American sailors at Port Chicago, stating, “Faced with tremendous obstacles, they fought on two fronts – for freedom abroad and equality at home.”
22. All of the sailors involved in the Port Chicago cases have passed away, but their family members and friends continue to request that the sailors be cleared of all charges.
23. Resolves:
    1. That the Legislature respectfully urges the recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II were wrongfully pursued because of racial prejudice, as evidenced by the racial bias in the United States Navy’s original findings in their cases and the different treatment afforded to the convicted sailors’ white counterparts and officers.
    2. That the Legislature respectfully urges the Congress to publicly exonerate the 50 sailors in order to further aid in healing the racial divide that continues to exist in the United States.
    3. That the Legislature respectfully urges the Congress to retroactively convert each sailor’s general discharge to an honorable discharge.
24. Related/Prior Legislation:

SR 69 (Glazer, Hall, Huff, and Mitchell, 2016) urges recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny regarding the Port Chicago incident were wrongfully pursued because of racial prejudice, and urges the Congress of the United States to publicly exonerate those sailors in order to further aid in healing the racial divide that continues to exist in the United States. Pending on Senate Third Reading.

SJR 21 (Wright, Resolution Chapter 47, Statutes of 2010) memorializes the Congress and President of the United States to act to vindicate the sailors unjustly blamed for, and the sailors convicted of mutiny following, the Port Chicago disaster, and to rectify any mistreatment by the military of those sailors.

POSITIONS

Sponsor: Author.

Support:

American G.I. Forum of California

American Legion - Department of California

AMVETS - Department of California

California Association of County Veterans Service Officers

California State Commanders Veteran Council

Military Officers Association of America - California Council of Chapters

Veterans of Foreign Wars - Department of California

Vietnam Veterans of American - California State Council

One (1) individual

Oppose: None on file.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AJR 33

Author:(Bonilla and Thurmond)

As Introduced Ver:March 7, 2016

Majority vote

SUMMARY: Urges the United States to take certain actions with regard to a disaster at the Chicago Naval Magazine in Port Chicago, California. Specifically, this resolution would have the Legislature resolve:

1. To urge recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II were wrongfully pursued because of racial prejudice
2. To urge the Congress to publicly exonerate those 50 African American sailors of the United States Navy in order to further aid in healing the racial divide that continues to exist in the United States.
3. To urge Congress to take action to retroactively convert the general discharge granted to each of the 50 African American sailors to an honorable discharge; and
4. To transmit the resolution as specified.

FISCAL EFFECT: This bill is not keyed fiscal.

COMMENTS: According to the Author:

In 1944 during World War II, the Port Chicago Naval Magazine transported bombs, shells, and mines among other ammunitions. Loading ammunition and explosives was performed exclusively by African American sailors under the supervision of white officers. Despite the warnings from the longshoremen's union, the United States Navy failed to adequately provide the African American sailors with the proper tools necessary to operate under safe working conditions. An explosion [on July 14, 1944] at the port killed over 300 men and wounded even more, most of whom were African American. Many of the survivors refused to resume loading ammunitions, citing unsafe working conditions, and ultimately 50 African American men were convicted of muting for failing to obey orders.

The Port Chicago disaster is a tragedy that accounted for more than 15% of all African American naval casualties during World War II. After refusing to work without proper training under the same unsafe conditions that resulted in the explosion, 50 African Americans were tried and convicted of mutiny for failing to resume loading. As a result of the appeals process at the end of the war, their sentences were reduced and almost all were released by early 1946.

The United States Navy concluded that there can be "no doubt that racial prejudice was responsible for the posting of Afro-American enlisted personnel to the loading divisions at Port Chicago" and this same bias was documented in the trial for the African American sailors. It has been recorded that white officers encouraged African American sailors to compete while loading ammunition and explosives while they placed bets among themselves. Furthermore, many of the African American survivors expecting to be granted survivors' leave before being reassigned to regular duty were given none, while white officers were permitted to go home for 30-day leaves.

The definition of mutiny itself has been debated as it relates to this trial. Mutiny, as legally defined, assumes the intent to seize command while the sailors on trial pursued a passive act of resistance in their refusal to work due to extremely dangerous conditions. Thurgood Marshall stated he saw no reason why the men should be tried for mutiny rather than on lesser charges of individual subordination and insisted they were being tried for mutiny "solely because of their race and color."

As California and the United States have sought to increase protections as they relate to race and workers' conditions, it is important that the state and federal government recognize the errors of the past and attempt to make amends. The officers needlessly and deliberately put African American workers in harm's way and the court's insistence that they be convicted of mutiny for refusing to work under the circumstances is unjust. Despite being members of the military, these sailors were discriminated against based on their race. Though action to alter their convictions and characterization of discharges is within the exclusive purview of the Congress and the federal government, this resolution is a statement by California both to the public and to the federal government about the injustice and loss of life that occurred as a result of the Port Chicago disaster.

Analysis Prepared by: Ryan VanZuylen and John Spangler / V.A. / (916) 319-3550 FN: 0002799

Date of Hearing: April 26, 2016

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

ABPCA Bill Id:AJR 33 (

Author:Bonilla) – As Introduced Ver:March 7, 2016

SUBJECT: Port Chicago disaster: African American Sailors of the United States Navy

SUMMARY: This measure urges the United States to take certain actions with regard to a disaster at the Chicago Naval Magazine in Port Chicago, California. Specifically, this measure would have the Legislature resolve:

1. To urge recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II were wrongfully pursued because of racial prejudice
2. To urge the Congress to publicly exonerate those 50 African American sailors of the United States Navy in order to further aid in healing the racial divide that continues to exist in the United States.
3. To urge Congress to take action to retroactively convert the general discharge granted to each of the 50 African American sailors to an honorable discharge; and
4. To transmit the resolution as specified.

EXISTING LAW:

1. Executive Order 9981, signed by President Truman in 1948, desegregated the United States Armed Forces.
2. Defines a person guilty of mutiny as someone who, with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance (U.S. Code, Title 10, § 894 Art. 94).
3. Prohibits an employer from discriminating against any individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual’s race, color, religion, sex, or national origin (U.S. Code, Title 42, § 2000e-2).

FISCAL EFFECT: This bill is not keyed fiscal.

COMMENTS:

According to the Author:

In 1944 during World War II, the Port Chicago Naval Magazine transported bombs, shells, and mines among other ammunitions. Loading ammunition and explosives was performed exclusively by African American sailors under the supervision of white officers. Despite the warnings from the longshoremen’s union, the United States Navy failed to adequately provide the African American sailors with the proper tools necessary to operate under safe working conditions.

An explosion [on July 14, 1944] at the port killed over 300 men and wounded even more, most of whom were African American. Many of the survivors refused to resume loading ammunitions, citing unsafe working conditions, and ultimately 50 African American men were convicted of muting for failing to obey orders.

The Port Chicago disaster is a tragedy that accounted for more than 15% of all African American naval casualties during World War II. After refusing to work without proper training under the same unsafe conditions that resulted in the explosion, 50 African Americans were tried and convicted of mutiny for failing to resume loading. As a result of the appeals process at the end of the war, their sentences were reduced and almost all were released by early 1946.

The United States Navy concluded that there can be “no doubt that racial prejudice was responsible for the posting of Afro-American enlisted personnel to the loading divisions at Port Chicago” and this same bias was documented in the trial for the African American sailors. It has been recorded that white officers encouraged African American sailors to compete while loading ammunition and explosives while they placed bets among themselves. Furthermore, many of the African American survivors expecting to be granted survivors’ leave before being reassigned to regular duty were given none, while white officers were permitted to go home for 30-day leaves.

The definition of mutiny itself has been debated as it relates to this trial. Mutiny, as legally defined, assumes the intent to seize command while the sailors on trial pursued a passive act of resistance in their refusal to work due to extremely dangerous conditions. Thurgood Marshall, then a chief counsel for the NAACP, stated he saw no reason why the men should be tried for mutiny rather than on lesser charges of individual subordination and insisted they were being tried for mutiny “solely because of their race and color.”

As California and the United States have sought to increase protections as they relate to race and workers’ conditions, it is important that the state and federal government recognize the errors of the past and attempt to make amends. The officers needlessly and deliberately put African American workers in harm’s way and the court’s insistence that they be convicted of mutiny for refusing to work under the circumstances is unjust. Despite being members of the military, these sailors were discriminated against based on their race. Though action to alter their convictions and characterization of discharges is within the exclusive purview of the Congress and the federal government, this resolution is a statement by California both to the public and to the federal government about the injustice and loss of life that occurred as a result of the Port Chicago disaster.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I. Forum of California

American Legion, Department of California

AMVETS, Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters

Veterans of Foreign Wars, Department of California

Vietnam Veterans of America, California State Council

Opposition

None on File.

Analysis Prepared by: Ryan VanZuylen, John Spangler / V.A. / (916) 319-3550