Garth Rattray | Can Marcus Garvey be posthumously exonerated?

When then US President Obama was in the White House, I penned a piece expressing my hope that he would pardon our National Hero, Marcus Garvey. Like many others, I erroneously conflated pardon and exoneration. However, the two are very different.

In the piece, I proffered that Jamaica was a relatively young nation, that we achieved independence from Great Britain in August 1962. In an effort to chart our own course socially and historically, we endowed the highest honour in our nation, the Order of National Hero, to seven outstanding Jamaicans whose unselfish and sacrificial lives altered or influenced the course of history in a positive way.

I explained that, in 1969, Marcus Mosiah Garvey was named our first national hero. He was born in St Ann’s Bay on August 17, 1887. He went to the capital city, Kingston, and worked at a small newspaper, The Watchman. He was well travelled, and this exposed him to international problems plaguing the poor and working class, who were usually of African ancestry. Consequently, in 1914, he formed the Universal Negro Improvement Association (UNIA) right here in Jamaica.

I remarked that the UNIA was transnational and advocated mental liberation and self-government for people of African ancestry worldwide. It promulgated the need for self-help economic projects and eschewed racial discrimination. It was not revolutionary; it was transformational. It was not seditious; it sought to unshackle the oppressed people of African ancestry across the globe.

SPREADING HIS BELIEF

I reminded readers that, in 1916, Marcus Garvey travelled to the United States, where he continued spreading his belief that all people of African ancestry should be free from discrimination and oppression. He wanted to unify them. He wanted them to look to and return to Africa so that they could realise the goal of freedom. He formed the Black Star Line to facilitate and provide transportation back to Africa.

His actions made him an inspirational international figure for racial pride, unity and self-government. However, it came as no surprise that he attracted the attention of the government of the day. Consequently, the Black Star Line failed, and he was charged with mail fraud. Given the social background of the time, these were most likely trumped-up charges, but they stuck because they wanted to silence him.

Garvey was imprisoned and deported to Jamaica. He eventually moved to England, where he died in June 1940. His body lies among other national heroes at our National Heroes Park.

Garvey’s relevance to black pride, self-reliance, industry, unity and racial equality has not waned in over a century. He has been extolled as the inspiration for several current and revered American civil-rights leaders and activists. His philosophy and work were mentioned in tributes to the late great Muhammad Ali.

History speaks volumes about the man and his positive influence upon his race, the United States of America, other societies across the globe, and his home country of Jamaica. I dare say that he unlocked the door for others to open so wide that the world witnessed an African American ascend to the presidency of the United States of America, Barack Obama. This was why I hoped that he would have found the gumption to pardon Marcus Garvey. Were it not for the foundation laid by Garvey, it is unlikely that Obama could or would have become president of the United States of America.

LOSING MOORINGS

I went on to bemoan that Jamaica’s youth are losing their moorings. They are distracted by divisive politics, marginalisation, amoral socialisation, survivalist programming, and the denigration of our culture by the lure of alien lifestyles unfit for our little island. There is an obvious lack of national, race, or personal pride among the majority of them. The future of our country diminishes daily. Our people need an infusion of pride in their race, their country and their culture. Pardoning Marcus Garvey would help to uplift his name, legacy, life’s work and inspire our youth. It would encourage the countless Jamaicans who contributed to the development of America.

Over many years, efforts to pardon or exonerate Garvey have been unsuccessful. However, I explained that, despite the technical legalities in pardoning someone posthumously, President Bill Clinton pardoned Henry Flipper, the first ‘black’ West Point cadet who was found guilty in 1882 of “conduct unbecoming an officer”. Certainly, Marcus Garvey could be likewise pardoned.

There are distinct differences between a pardon and exoneration. With a pardon, the accused needs to admit guilt to be officially forgiven, therefore posthumous pardons are exceptional. With a pardon, there is no implication of innocence, the conviction is not erased, it may be conditional, and it restores civil rights.

With exoneration, the accused is declared innocent, usually after new evidence emerges. In other words, the state admits to a wrongful conviction, which is overturned. In this case, innocence is implied, the conviction is erased, the person’s reputation is restored, and there is likely to be some sort of compensation for the wrongful conviction.

The pardon from President Biden admits to the ostensibly unjust nature of his conviction; but it cannot assign or even imply innocence. Therefore, an exoneration for Marcus Garvey would be preferred. However, for that to happen, there would need to be a re-examination of the case. A Federal Court convicted him in 1923. That’s a mighty long time ago, and new evidence would be extremely difficult to come by.

Garth Rattray is a medical doctor with a family practice, and author of ‘The Long and Short of Thick and Thin’. Send feedback to columns@gleanerjm.com and garthrattray@gmail.com