The times., 1899-12-08

officers as they would appear in the list
II confirmed. and not according TO their
actual status pending confirmation, and
without the customary asterisks 10 show
that their cases were still in suspense.
While waiting for the confirmation which
never took place. upon a vacancy occurring,
Captain Higginson. although not confirmed
in bis advancement. was sent in for con-
firmation in the next grade although Cap
tains Picking. Rodgers. and Kempf ranked
him teXcept il the spurious register) and
were entitled to promotion first. The Sen
ate, being in ignorance OF the true state
Of the case. confirmed Higginson. Crown
inshield, with naive assurance, calls the
whole thing misapprehensiou, Perhaps
he will add 10 the spectacle by now assert
ing that he did not know Higginson had
not been confirmed for advancement, and
was still junior to the officers above named.
It would be gratifying to have him do so.
Lastly, it is our duty urgently to call the
attention Of the Senate TO Secretary Longs
recommendation that rewards be given to
The officers and men who took part in the
operations at Santiago. The section Of the
report to which allusion is made reads as
follows:
while those engaged in the battle of Manila
have been deservcdy reSarded-and men ever
deserved reward more richly-those who took
part IN the operations at Santiago, displaying
the same conspicuous conduct and extraordinary
hFroism. have received 10 recognition whatever
for their services except the recommendations for
promotion by the President. which have lapsed,
not having been acted upon by the Senate
lant men TO suggest to YOU that their services
DE recognized and equal justice done them, and
that in accordance with the statute in such cases
made and provided, you recommend that the
thanks Of Congress be given to the commander
lnChtcf Of the North Atlantic Squadron and 30 the
officers and under his command. they
were given in the case Of the Commander-in-Chiet
and officers and men OF the Asiatic Squadron.
It will be observed that while Mr.. Long
admits that Admiral Dewey and his men
were justly honored and rewarded for
I fighting, he wishes a different rule applied
to the Santiago case. The officers and men
who actually fought there are to be subor-
dinated to those who did not fight, but
operated" Such an open and unblushing
subterfuge is unworthy of discussion and
We drop the point for something of real
/ Importance in the connection. The Secre-
] tary urges that the thanks of Congress be
/ extended to the commander-in-ch chief"
and so on OF the North Atlantic Squadron,
meaning, Of course, Sampson.
I 1t is perhaps necessary to warn Congress
that Sampson never was commander-in-
chief Of the North Atlantic Squadron, nor
OF any part of it, in the presence of his su-
periOr officer. Commodore Winfield Scott
Schley. We charge this on the highest
legal authority, and challenge Secretary
Long and Navigator CrOwninsheld to show
the contrary.
The law under which it was attempted
10 constitute Sampson an acting rear ad-
miral" and commander n-chief of the
North Atlantic Squadron" cannot be
stretched or distorted to cover any such
unjust and Illegal action. The law reads:
The President may select any officer not
below the grade Of commander and
assign him to the command of a squadron,
with the rank and title OF flag officer; and
any officer so assigned shall have the
same authority and receive the same ODE
dience as if his commission were
the Oldest wide section 1434, Revised
Statutes of the United States) Sampson
was not given the title Of flag officer, but
that Of rear admiral, and as section 1884
is a special statute in contraventlon of
general statutes, its terms must be con
strued and followed literally
Again, the law plainly shows the
intention OF its trainers, not to counte-
nance the placing in squadron command OF
an officer Of one grade over an officer or
ofFica-p If q. hsofer prada Tt opf-, autJ,r,.-
izes the President In an emergency to
place junior over a senior in the same
grade It does not, and it would be ridicu-
ious to suppose it did or could empower
him 10 give a captain command over a
squadron Of two divisions, like the North
Atlantic during the Spanish War, each di-
vision being, let US say, commanded by
commodore Sampson was only captain
His assignment to command over Schiey,
who was a commodore, was without war
rant Of law, null and void. If he had been
OF equal rank, though Junior to Schley in
the grade, the departure from the rule laid
down In the law prescribing a def
mite title. would render his assign
ment equally Of no effect. His claims to
the command Of the feet at Santi-
ago, TO the title OF acting rear ad-
miraI in connection with it, and to
the lions share Of the prize money arising
from a battle and victory In which he
never participated, all vanish into thin air
At the time Of the engagement his legal
status was that OF a supernumeraTy cap
tain, acting with the North Atlantic Squad
ron under command of Commodore Schley,
and his presence with 1t at all was due to
another one of Crowninshield's "misappre-
tensions"