The daily morning journal and courier., 1901-08-02
SCHLEY'S REQUEST DENIED
NO MODIFICATION OF PRECEPT IN
 HIS CASE.

DVSsSto1R oA shU ANoNy
 garding the Rear -Admiraps Exception
 to the Use of the Term ''Disobedience"
 Text of the Correspondence Made
 Public.
 Washington, Aug. 1.-The navy de- partment has refused to eliminate the word "disobedience" from the precept prepared for the court of inquiry ap- pointed to investigate the conduct or Rear Admiral Schley in the war with Spain. This decision was reached this morning by Assistant Secretary ot Navy Hackett after careful considera- ton of Admiral Schley's letter taking exception to the use of the word dis obedience" in the precept. The letter was laid before Assistant Secretary Hackett this morning. Judge Advocate General Lemly had already prepared a daft of an answer which gave the de- partment's position in using the term "disobedience," and explained that in the face of Admiral Schley's telegram in which he acknowledged that he could not obey the departments order, the precept could not be altered so as to eliminate the word
 It is held by the department that while Admiral Schley's conduct did not justify the use of the expression "Wll- ful disobedience," nevertheless he &C., lSnowledged that he was unable to obey the orders, and was therefore charge able with disobedience. It is argued that whether he was justified in dis obeying the order is for the court Of in quiry to determine, and the word dis obedience does not imply that such an action was not justified.
 Following are the letters that have passed between Rear Admiral Schley and the navy department respecting the precept
 Great Neck, N. Y, July 21, 1901.
 Sir: I have the honor to acknowl- edge receipt of the departments com munication of July 26, inst, enclosing copy of an order "convening, pursuant to the request contained in (my) com muication of the 22d instant, a court of inquiry" Inasmuch as the court IS directed to investigate" and, after such investigation, report full and detailed statement of all the pertinent facts which it may deem to be estab- lished, together with it's opinion and recommendations in the premises, l would suggest to the department that paragraph five of the departments pre- cept, which is as follows, viz: 5 The circumstances attending and the reas- ons for the disobedience by Commodore Schely of the orders of the department contained in it's dispatch, dated May 25 l 1898. and the propriety Of his conduct in the premises be modified so as to omit the departments expression of lopinion, and thus leave the court free to express it's own opinion in that mat | ter. Very respectfully, w. S. Schley, Rear Admiral Hon. John D. Long, Secretary of the i Navy.
 Navy Department, Washington, Aug, 1, 1901, | Sir: The department has received your letter of the 2Ith ultimo, in which you acknowledge the receipt of copy ] of the order converting, at your re- 1 quest, a court of inquiry to investigate your conduct during the war with Spain, and suggest that paragraph five of said order, directing the court to in- | ullire into the circumstances attend ing and the reasons for the disobedi- cnce by Commodore Schley of the or ders of the department" etc, be so modified as to omit the departments , expression of opinion, and thus leave l the court free to express its own opln- ion in that matter" | In reply you are advised that the precept calls for an inquiry by the l court, and the ascertainment of per tinent facts. For the purpose of set ting on foot this inquiry, the precept | treats certain matters as established, such for instance, as the arrival of the flying squadron off Cienfuegos and off Santiago; the retrograde movement western. the turn of the Brooklyn on | July 3. 1898; and the fact that you dis obeyed orders, as reported by you in your telegram dated Kingston, May 2S' 1898, in which you say: Much to De regretted: cannot be orders Of the de- partment.'
 Inasmuch, however, as it is the de- partments purpose that the court snail be absolutely free to report, If such ! shall be found to be the case, that you 1 did not wilfuly disobey the orders, or that you were justified in disobeying | them, and that this may be clearly un- derstood, your letetr of the 27th utimo, with copy of this reply, will be duly forwarded to the court.
 Very respectfully,
 F w. Hackett, Acting Secretary.
 Rear Admiral Winfield s. Schley, U. s.
 Navy Great Neck, N. Y.
 A copy of the correspondence was forwarded to Admiral Dewey, chairman of the court of inquiry.
 Acting Secretary Hackett's letter to Admiral Dewey transmitting Rear Ad-
 miral Schley's letter and reply is as follows:
 Navy Departme Washington, Aug l.
 1901.
 Sir: I transmit herewith for the in" formation of the court of inquiry, Of which you are president, letter dated the 27th ult., from Rear Admiral Winfield s. Schley, asking that modlh- cation be made in paragraph five ol the precept converting the court, to- gether with copy of the department s reply of this date.
 Very respectfully,
 F. w. Hackett, Acting Secretary. Admiral George Dewey, U. 5, Navy, | Washington, D. c.