Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-08-01
DENY REQUEST
OF Mr.. SCHLEY.
Language Of Fifth Specification to
be Modified.
-------------
THE LETTERS THAT PASSED
THE LETTERS THAT PASSED
Paragraph Charges Disobedience OF
Departments Orders on Way
rs, 1895.

Washington, Aug. l.. The navy de-
partment has refused 10 accede to Ad-
miral schley's suggestion that the Ian
guage in the fifth specification Of the
precept to the court OF inqulry be modi-
led.
The admiral in his letter challenges
that specification. which states as a
fact that he had disobesed orders and
suggested that II be modified. The de-
partment In its reply declines 70 make
the suggested modification on the
ground that according 10 the official
records schley himself acknowledged
that he had disoheyed orders The dis
obedience OF orders was an established
fact, whether unwillingiy or willingly.
The following are TIE letters that
have passed between Admiral Schley
and the navy Department respecting
the precept:
Great Neck, N. Y. July q. 1901.
Sir--l have the honos Gckno,l edge
receipts OF the departm communl-
cation Of July 26, encio,ag copy OF an
order converting, pursu mt 20 the re-
quest contained In fmD communion
ton OF the end instan q court Of in
quiry."
lnasmuch as the court is directed TO
investigate" and after such lnyestiga-
ton report a fun ana detailed state
ment Of all the pertinent facts which
II may be deemed to be established, to-
gether with It's opinion and recon-
mendatlon IN the premises ] would
respectively suggest 70 the depart
ment that paragraph i've OF the de-
partment's precept, which Is az follows,
viz:
"5.-The circumstances attending and
the reasons for the ,.ssobedence by
Commodore schley Of the orders of the
department contained IN It's dispatch
dated May 8. 1898 and The propriety of
his conduct Ii the premises" be modi-
fed so as TO omit the departments ex-
preston of opinion and thus leave the
court free to express its own opinion in
that matter.
Very respectfully,
w, s. SCHLEY, Rear Admiral.
Hon. Jno. d. Lang, secy. Of the Navy.
Navy Department. Washington, Aug.
l, 1901.
Sir The department has received
your letter OF the 2sib ultimo In which
Your request, court of,iauuirv To IN
Nestigate your conduct duhng the war
with Spain and suggesting that para
graph . OF said order, directing the
court to inquire into the circum-
stances attending and the reasons for
the disobedience by Commodore schley
OF the orders OF the department" etc,
be modified as TO omit the depart
ments expression of opinion and thus
leave the court free TO express its own
opinion In that matter"
In reply you are advised that the
precept calls for an inquiry by ire
court and the ascertainment Of peril
nent facts For the purpose of setting
On loot this inquiry. the precept treats
certain matters as established such for
instance as the arrival OF the flying |
squadron on Cienfueg0s and off Santi. |
ago. the retrogade movement west |
ward, the turn Of the Brooklyn on July |
J, 1898, and the fact that YOU disobeyed |
'rders as reported by you In your tele-
gram dated Kingston. May %. 1898 in |
which you say. Much 10 be regretted. |
'annot obey orders OF the department.
lnasmuch. however as Ii is the de-
purpose that the court shall
,e absolutely free 10 report. IL such
hail be found 10 be the case. that YOU
lid not wilfully disobey the orders or
hat you were justified In disobeylng
hem and that this may be clearly I'M
Ierstood. your letter OF the 9th uitimo.
With copy Of this reply. will be duly
to the court.
Very respectfully,
II. w. HACKETT.
Acting Secretary.
Rear Admiral Winfield S. schley. U.
. N, Great Neck. ". Y.