The Savannah morning news., 1901-08-02
SCHLEY IS REFUSED
FIFTH SECTION OF PRECEPT MUST
STAND.
NO MODIFICATION ALLOWED.
DIsoBEDIENCE A FACT, SAYS MIR.
HACKETT.

Asserts That Schley Acknowledged
His Disobedience in Dispatch on
File In Navy Department-Fhis
Does Not Greatly Matter, However.
The Request and the Reply Furn-
ished to the Court of Inquiry, and
VIII Serve in Effect as an Amend
ment to the Precept.
Washington, Aug. 1.-The Navy De-
partment has refused to accede to Ad-
miral Schley's suggestion that the lam
guage in the fifth specification of the
precept to the court of inquiry be mod
ified.
The admiral, in his letter, challenges
that specification of the precept which
states as a fact that he had disobeyed
orders and suggested that it be modi
fed. The department, in it's reply, de-
clines to make the suggested modifica-
ton on the ground that according to
the official records Admiral Schley him
self acknowledged that he disobeyed
orders. The disobedience of orders was
an established fact, whether unwilling
ly or willingly.
The following are the letters which
have passed between Admiral Schley
and the Navy Department respecting
the precept:
SchIey Makes Complaint.
Great Neck N. Y. July 21, 1901
Sir: 1 have the honor to acknowledge
receipt of the departments communi-
cation of July rs, instant, enclosing
copy of an order conveying, pursuant
to the request contained in (my) COM
munication of the 22d a court of in
quiry.'
"Inasmuch as the court is directed to
investigate and after such investiga-
ton report full and detailed state
ment of all the pertinent facts which
1t may deem to be established togeth-
er with it's opinion and recommenda-
tion in the premises, l would respect
fully suggest to the department that
paragraph five of the departments pre-
cept, which is as follows, viz: 3. The
circumstances attending and the rea-
sons for the disobedience by Commo-
dore Schley of the orders of the de-
partment contained in it's dispatch,
dated May 25, 1898. and the propriety
of his conduct in the premises be mod
flied so as to omit the departments ex-
preston of opinion and thus leave the
court free to express it's own opinion in
that matter. Very respectfully,
wv S. Schley, Rear Admiral"
Hon. John D. Long, Secretary of the
Navy"
Hackett Refuses the Request.
Navy Department, Washington;
Aug. 1, 1901.-Sir: The department has
received your letter of the 9th ultimo
iE which you acknowledge the receipt
of a copy of the order convening, at
your request, a court of inquiry to in
vestigate your conduct during the war
with Spain, and suggest that para
graph five of order. directing the court
to inquire into the circumstances at
tending and the reasons for the dis
obedience by Commodore Schley of the
orders of the department. etc, be so
modified as to omit the departments
expression of opinion and thus leave
the court free to express it's own opin-
ion in that natter
"In reply you are advised that the
precept calls for an inquiry by the
court and the ascertainment of peril
nent facts. For the purpose of setting
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
westward; the turn of the Brooklyn
on July 5, 1S9s and the fact that you
disobeyed orders as reported by you
in your telegram dated Kingston, May
2S, 1898, in which you say: Much to
be regretted, cannot obey orders of the
department
"Inasmuch, however, as it is the de-
partment's purpose that the court shall
be absolutely free to report, If such
shall be found to be the case, that you
did not wilfully disobey the orders, or
that you were justified in disobeying
them, and that this may be clearly un-
derstood, your letter of the 9th ultimo,
with copy of this reply, will be duly
forwarded to the court. VERY respect
fully,
"F. w. Hackett
Acting Secretary of the Navy.
"Read Admiral Winfield S. Schley
U. S. N, Great Neck, N. Y"