The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1882-02-24
SAMSON GOLIAH.


Washington, February 18th, says: "Senator
Logan moved to-day 10 recommit 70 the Mil |
itary Committee the bill for the relief Of
Samson Goliah. This bill Is regarded rs =
sort of pilot to the Fitz-John Porter case, as
the particulars OF the case are similar"
Samson GolIah should have strong case
and he evidently has. The bill referred To
teyokes the sentence Of the general court
martial In the case Of Samson Goliah, late a
private In Company A, Fifty-ffth Regiment
Of Massachusetts Volunteers tcolored), find
Ing him guilty of mutiny and sentencing
him 10 confinement at hard labor during the
remainder Of his term of service, to forfeit
all pay and allowances due or to become due.
aud To be dishororably discharged from the
service of the United States, promulgated In
General Orders No. 1875. of September 10,
1864, Headquarters of the Department of
the South, aud also revokes the dishoEora-
BILE discharge issued to him by virtue of the
sentence revoked, and instructs the Secre-
tary Of War to issue and deliver to Samson
Goliah All honorable discharge from the ser
vice of the United States, as Of the date of
the dishouorable discharge.
Senator Maxey in explaining the case sald:
.'Samson Goliah was a colored man and
member of colored regiment. Formerly
and recently, prior to his becoming mem.
Der of the army. he had been slave. On
board q ship passing around the Atlantic
coast a mutiny In his company occurred.
lie was tried as one Of the originators Of the
mutiny and sentenced by a court-martial
during the remainder of bis term Of enlist
ment TO hard labor and confinement with
ball and chain, with a forfeiture Of all pay
and allowances, the court evidently being Of
the opinion that Goliah was the originator Of
the mutiny. As | stated, he was sn ignorant
man, and he had recently been slave. He
had no counsel; he did not know anything
about how to examine witnesses; and that
was the sentence. IL subsequently became
developed that he was not the originator Of
the mutiny, nor die lie pa" icipate in it..
That Is certified TO by quite Large number
of the men of his company. The real per-
petrator was discovered"
The issue raised, on which the bill hinges
and wherein II Is 10 become q pilot, or pre-
the right or duty of Congress or the Presi-
dent of the United States to act in this and
similar cases. Senator Edmunds claimed
that courts-martial had been instituted for
the adjudication of offenses In the land and
naval foi ces, and the President was the re-
viewing power; that the jurisdiction of
courts martial In military cases bad been rec
ognized by the Supreme Court of the United
States; that their verdicts possessed every
element of a judicial sentence; that no civil
court had any right to review 1t or dispose
Of IL In any manner whatever, aud that it
was as free from legislative supervision as
The determination of the highest civil court.
In reply to II question from Senator Har-
rison, Senator Edmunds stated his belief
that the President had the right TO pardon
and remit the penalties that had been wrong
fully imposed upon this man, aud that then
| Congress might pass a relief bill indemnify
Ing him for pecuniary losses; that he would
be entitled TO thesam by mere force of fact
Senators Jones and Maxey held, on the
other hand, that, under the Constitution,
Congress has fall, complete aud pleuary
powers over all judgments rendered by mill
larry tribunals, and cen set them aside at Its
pleasure and can set the culprts fee. Sen-
ator Harrison, In whose State Samson Co
iiah lives, desired the bill recommi,ted to
the Military Committee. believing the objec
tions Of Senator Edmunds could be obviated
| by new bill, and we notice this was sub
| sequently done. As minated, This bill In
wolves the question of where the power rests
to right wrong inflicted by the finding Of a
court-marial, and its importance just al
present Is owing to the pendency of the Fitz-
John Porter restoration-the finding against
Goliah being admitted 10 have been wrong
and that against Porter being alleged TO be
wrong. xzumufius Is
right, as usual. The Jurisdiction of Con
gress does not extend TO reviewing power
over the civil and military tribunals, and
should not. IL Is sometimes doubted If IL
exercises with superior wisdom The powers
clearly vested In II, without going outside 10
exercise what Is At least doubtful author
lily. Bot the bottom Of this move is to get
. precedent for the Porter case. After the
President has revoked the findings of the
court-martial will be the puper time for
Congress TO raise the question Of indemnity
and relief.