The semi-weekly messenger., 1901-08-06

language in the fifth specification Of thel
precept TO the court of inquiry be mod
flied.
The admiral in his letter challenges
that specification which states as al
fact, that he had disobeyed orders andl
suggested that it be modified The de-
partment, in it's reply, declines to make
the suggested modification on theI
ground that according to the officiall
records Admiral Schley himself ac-I
knowledged that he had disobeyed or
ders. The disobedience of orders wasI
an established fact whether unwilling
ly or willingly.
The following are the letters that
have passed between Admiral SchleyI
and the navy department respecting
the precept.
Great Neck, n. Y, July q.
Sir: 1 have the honor to acknowl-I
edge receipt of the departments COM
municatiOn of July 26th instant, inclos-
ing copy OF an order conVening, pur-
Suant to the request contained in (my)l
communication of the 22nd, a court of
inquiry
"Inasmuch as the court is directed tol
investigate and, after such investiga-
ment of all the pertinent facts which it'll
may deem TO be established, togetherI
with it's opinion and recommendation
in the premises
Il would respectfully suggest to theI
department that paragraph five of theI
departments precept, which is as fol-
lows, viz:
.. The circumstances attendingl
and the reasons for the disobedience by
Commodore Schley of the orders of the
department contained in it's Dispatch
dated May %, 1898, and the proprietyI
of his conduct in the premises, be mod
ified 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,
wv. S. SCHLEY,
Rear Admiral.
ITO Hon. John D. Long, secretary of
the navy
Navy Department,
Washington, July %.
Sir: The department has received
your letter of the 9th ultimo in which,
you acknowledge the receipt of a copy
of the order converting at your request,
a court of inquiry to investigate yOurI
conduct during the war with Spain, andI
suggest that paragraph five of said or
der, directing the court to inquire intol
the circumstances attending and the
reasons for the disobedience by Com
modore Schley of the orders of the de-
partment,' etc. be so modified as to-
omit the departments expression of
opinion and thus leave the court free
to express it's own opinion in that mat
ter
I'm reply you are advised that the
precept calls for an inquiry by the
court, and the ascertainment of perth
nent facts. For the purpose of setting
on foot this iquiry, the precept treats
certain matters as establiShed-Such, ,
for instance, as the arrival of the Fly
ing Squadron off Cienfuegos and off
Santiago; the retrOgrade movement
westward; 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
IS 1898. in which you say Much to be
regretted, cannot obey orders of the de-
partment.'
''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 respectfully,
F. w. HACKETT,
ITO Rear Admiral Winfield S. Schley,
United States Navy.
Formal action in the matter of the
Schley court of inquiry was today con-
fined to the dispatch of letter of Ad-
miral Dewey stating that ''the depart
ment herewith transmits copies of let
ters dated July 9th and August 1st,
respecting the precept under which the
court of inquiry in the case of Rear Ad-
miral Schley is to be convened
The court through Admiral Dewey
had already been supplied with neat
Iy printed copy of the precept itself.
The CORRESPONDENT referred to is Ad-
miral Sch1ey's letter suggesting the
omission of the departments expression
of opinion touching his alleged disobe-
dience of orders and the reply from act
ing Secretar Hackett, declining to make
this modifica ton. Acting Secretary
Hackett's letter to Admiral Dewey is
as follows:
Navy Department,
Washington, August 1,
II transmit herewith for the informa-
ton of the court of inquiry, OF which
you are president, a letter dated the
27th uItimo, from Rear Admiral w. S.
Scbley. asking that modification be
made in paragraph five Of the precept
convening the court, together with a
copy of the departments reply of this
date.
Very respectfully,
IF. w. HACKETT,
Acting Secretary.
ITO Admiral George Dewey, United
States Navy.
1t is very rarely that a precept con-
vening a court of inquiry is amended.
The departments action, it is stated,
while technically declining Admiral
Schley's suggestion, does, however, IN
fact. amount to an amendment on the
nI,f L
ed in the letter to Admiral Dewey this
correspondence will form part of the
record and in fact is supplement- to
the precept and of as much force as the
original document.
The vacancy on the court caused Dy
Rear Admiral Kimberley's application
to be revived has not yet been filled L;
is believed that the department is com