The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-12-24

Point Where He Differ. with His
Assoseiates-IIc Heartily Approve.
the Recon- mmcndatien that No Fur
ther Action in the Matter he Had.
He Says the Court Could Not with
Proprscty Have Gone Into the
Question OF Commaadcr-in Chief
Washington, December 2l.-Secretary
Long has disposed finally OF the Schiey
case so far as the navy department Is
concerned. by acting upon the findings
and conclusions OF the court OF inquiry.
He approves the findings OF fact and
the opinion of the full court; he ap-
proves the majority opinion where there
Is q difference in the court: he holds
that the court could not have entered
INTO consideration OF the question OF
command at the battle OF Santiago: and
nhaliy ne accepts the recommendation
that no further proceedings shall be
had.
The secretary also has declined the
application Of Admiral SIMPSONS coun-
Sci to enter upon an inquiry into the
question Of command and has notified
Admiral Schley's counsel of that fact
as reason for declining to hear them
on that point
Secretary Longs approval of the ma
jority report was as follows:
THE department has read the testi-
fnony In this case, the arguments Of
counsel at the trial; the courts findings
or fact, opinion and recommendation:
the individual memorandum of the pre-
siding member; the statement Of excep-
lions to the said findings and opinion by
the applicant; the reply to said state
ment by the judge advocate of the court
and his assistant. and the brief this day
submitted by counsel for Rear Admiral
sampson. traversing the presiding
members view as to who was i'm com
mand at the battle OF Santiago
After careful consideration the find
| ings of fact and the opinion of the full
/ court is approved.
"As to the points on which the pre-
siding member differs from the opinion
OF the majority Of the court, the opinion
| OF the majority is approved
| AS 10 the further expression of his
views by the same member with regard
10 the questions of command on the
| morning OF july g. 1898 and of the tIfIo
| to credit for the ensuing victory the
conduct of the court in making no find
ihs ana rendering no opinion on those.
questions Is approved-indeed II couId
| Win propriety take no other course
evidence on these questions, during the
inquiry. having been excluded by the
court. '
! The department approves the recon-
mendation OF the court that no furtbar
proceeolngs be had in the premises.
, Inc department records its apprecia
uon or the arduous labors OF the whoIe
Noi| JOHN ID. LONG,
Secretary Of the Navy"
Inc text of the secretary's letters IN
| Admiral SIMPSONS attorneys and -
Admiral Schley follows:
Navy Department
washington, d. c., Decemher On
HentIemen: In view of the denart-
,,enSs aapproVai, this day. of the recon-
enuation or the court of inquiry I'm th,
case OF Rear Admiral Scbser III. .ne
ur.ner proceedings be had. and OF ths
tact tnat the question OF command No.
oea a from consideration by th.
ourt. t, the department VIII take no ac'
hait up1h tne or1ef filed by you in be-.
| son. ""'a'h samp-
Very respectfully.
JOHN d. LONG.
"a,ess-s Secretary.
"essrs. Strayton. Campbell a. TbeaII .
Navy Department
washington, ID. g., December 20
| ,a..n lettering 10 the departments
| ietter OF the 18th instaEx. Won ara 81
| Fised that action has been trLan 80.
me innings. opinions aud recornnenda-
non OF the court of inquiry in YOUR ca..
| u .pon the minority opiuton Of tn.
| psshg member. and a copy OF the
| ssenent embodyfng such action is
| ton. 'i 'AioF ma
4 rlQn0CGa n
isih instant, heretofore acknowIed1e6
that. II a protest should be f,Ied nv
| rear ADMIRAL Sampson relative TO the
Quesuon OF command Of the Americas
navy forces during the battle Of San
tlago and credit for the victory ron
IL mat pattie. you he accorded an op.
Portunity TO present. through your
counsel, oral argument against sucl,
| protest, you are advised that a brief on,
| tnis SUBJECT has this day been filed nv
| sfessrs stayton. Campbell & TheaIi
counsel for Admiral Sampson.
| An view, however. Of the depart
nents APPROVAL OF the Recommendation
or the court OF inquiry that no further
proceedings be had. and OF the fact thai
| tne question OF command was exciudeN
IRON consideration by the court. -
| action will be taken upon said brfel.
| ana reply to that effect (copy encIoseG
mas this day been made to council fois
Admiral Sampson.
"A copy OF the report OF the Judge ad.
vocate OF the court and his assistant.
i upon your communication of the ~
instant. ob5ectfng to the approval q
the findings Of the court. Is also here.
with transmitted.
| Very respectfully.
John ID. LONG.
Secretary.
Rear Admiral wilfeld s. schIey. y.
s. N. retired"
\
When seen at his hotel this afternsen