BILL ANALYSIS Ó AJR 33 Page 1 ASSEMBLY THIRD READING AJR 33 (Bonilla and Thurmond) As Introduced March 7, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Veterans |9-0 |Irwin, Chávez, | | |Affairs | |Achadjian, Alejo, | | | | |Brown, Daly, Frazier, | | | | |Mathis, Salas | | | | | | | | | | | | ------------------------------------------------------------------ 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 AJR 33 Page 2 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 AJR 33 Page 3 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. AJR 33 Page 4 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