The times., 1899-12-21
THURSDAY. DECEMBER q, 1898
sampson and the Law.


There is something more important than
the mere question OF a few hundred dollars
Of pay involved in the decision Of Mr.. l.
J. TracewelI. Comptroller of the Treasury,
that Sampson has been improperly allowed
the emoluments of rear admiral for the
time he served under an Illegal "gunboat'
commission as such, issued in violation
and plain defiance Of the law by Secretary
Long Il has been the scheme Of the depart
ment 10 so surround this case with official
commitments and recognitions that Con
Rress would hesitate, on account Of the
scandal Of the thing to bring the guilty
parties to it before the bar Of public op;n-
ion. Thus they have thought not only to
have their shortcomings covered up as
matter of party eKpediercy, but actually
% accomplish their designs at the same
Zine
As we have said. il is not a matter OF
q little pay but the exposure Of Longs
irregular and illegal action in assigning
Captain Sampson to the command CT the
North Atlantic Squadron during the Span
jsh war. that is brought TO the front by
Comptroller TraceWell's finding. The fact
that Il was not competent or possible for
the Secretary or the President to make
such an assignment. under the law, in
the circumstances existing at the time viii
now attract the direct interest Of Senators
and Members OF Congress who are being
secretly pressed to lend their influence 10
the ultimate purpose of the Navy ring
Sampson conspiracy.
Let us present The proposition tersely:
Sampson being only a captain. could not
under any sane construction Of Section
I43i Of the Revised Statutes. the law gov
erning the case, exercise command over a
squadron to which a commodore was at
tached- The section reads: The President
may select any officer not below the grade
Of commander and assign him to
..Ss. command OF squadron with the rank
Btitle OF flag oficer; and any officer so
Ssstgned shall have the same authority
and receive The same obedience as
II his commission vas the Oldest"
II IS unnecessary 10 point to the plain
and restricted meaning Of the words quoted.
They 10 not offer the slightest evidence Of
an intention 10 authorize the President to
give an officer Of inferior. command over
those Of superior rank. If the language
could he SO construed il would empower
Mr. Mckinley 10 divide the North Atlantic
Squadron into two divisions, place the Ad-
miral OF The Navy ia command Of one, Ad-
miral Farquhar in command OF the other.
and then assign" the lowest commander
on the Navy list to command over both,
and Of the whole squadron What the law
means and has meant 10 the Navy Depart
meut until Long and CrowninshieId
emerged serene from the waves of chance
and superior 10 law and regulations. is
that. an emergency arising. the President
may at his discretion appoint an officer
mot below the grade OF commander" to
the command Of a squadron, the vessels
comprising which are commanded by Off
GERS OF like or inferior grade. although one
or more Of them may rank the officer so
assigned IN the grade OF commander. But
this does not create a right 10 oversIaugh
captains with commanders. nor c0mmo-
dores and admiraIs with captains
Again and aside from The foregoing con-
siderauon, Section 1884 is a special statute
in contraventon Of general laws and hence
must be construed strictly and literally. II
Sampson S ASST igumeut 10 the command Of
the North Atlantic Squadron while he was
captain and Commodore Schley was at
tached 10 it, had not been null and void
for the reasons given, it would have been
90 through the fault Of the Navy Depart
plent in designating him as an acting rear
admiral" and not as flag officer, as pro-
sided Ia the special Law; but we attach less
importance 10 this second objection. as it
Is technical. though therefore. not the less
tenable
The main point IS that Captain Sampson,
during the Spanish war. never legally com
Inanded the North Atlantic Squadron. at
least when his superior officer. Commodore
Sehley. was present This proposition can
not be successfully controverted unless We
nre 10 assume that the Whim or corrupt
favoritism Of an executive department is
to be held superior 10 the statutes, the reg
ulatloEs OF the service, and the rights Of
ffs officers to have their rank and dignity
respected As Sampson could not lawfully
command the feet under my command" az
any time. the fact Of his absence from the
battle Of Santiago. or the question as 10
whether q physical withdrawal OF twenty or
thirty miles constituted official non -pariicl-
patton or otherwise, need not embarrass
Congress OF the country ia future. Sch.ey
being the ranking officer. was legally in
command. Sampson, claiming 10 be CON
1nauder- -iE-chief" bat incompetent to ex-
erciss such an offce, was behind the hort
zoa On the occasion Of the Santiago sea
fight. SchIey. actually In command at the
slIae Of the battle. fought and won it. We
do not see where there is auy room for a
difference Of opinion on the merits Of the
case.
T-l.u~ Conscience Doth Make ColrardH