The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-08-02
HE WISHES IT MODIFIED
Leaving the Court Free to Express It's
Own Opinion.
THIS THE DEPARTMENT WILL NOT DO
The Reason Given is That Whether Willingly
or Unwllingly the Orders Were Disobsy-
ed. The Correspondence Between
Schley and Department.
(By the Associated Press J

(By the Associated PreSS.)
Washington, August 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-
fed.
The Admiral in his letter challenges
that specification which states as a fact,
that he had disobeyed orders and sug-
gests that it be modified. The Depart
ment in its reply declines to make the
suggested modification on the ground
that according to the official records Ad-
miral Schley himself acknowledged that
he had disobeyed orders. The disobedience
of orders was an established fact whether
unwillingly or willingly.
The following are the letters that have
passed between Admiral Schley and the
Navy Department respecting the precept:
Great Neck. N Y, July 9th, 1901.
'Sir: | have the honor to acknowledge
the receipt of the Departments COM
munication of July 9Th inst, enclosing
copy OF an order 'convening, pursuant
to the request contained in (my) COM
munication of the 22nd 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 established, together with its opin
ion and recommendation in the prem
iseS';
II would respectfully suggest to the
Department that paragraph five of the
Departments precept which is as follows,
wiz: Five-The circumstances attending
and the reasons for the dsobedience by
Commodore Schley of the orders of the
Department contained in its dispatch
dated May 25th, 1898, and the propriety
of bis conduct in the premises, be modi
fled 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,
"W. S. SCHLEY,
Rear Admiral
"To Hon. John d. Long, Secretary of the
Navy.
Navy Department Washington, August
1st, 1901.
Sir The Department has received your
letter of the 9th ulto., in which you
acknowledge the receipt of a copy of the
order convening, at your request, court
of inquiry 90 investigate your conduct
during the War with Spain, and sug
gest that paragraph five of said order, di
recting the court to inquire into the cir
cumstances attending and the reasons for
the disobedence 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 its own opinion in
that matter.
'In reply you are advised that the pre-
cept calls for an inquiry by the court,
and the ascertanment of pertinent facts.
For the purpose of setting on foot this
inquiry, the precept treats certain mat
ters as established, such, for instance,
as the arrival Of the flying squadron OFF
Cienfuegos and off Santiago; the retro
gade movement westward; the turn of the
Brooklyn on July 3rd, 1885, and the fact
that you disobeyed orders as reported by
you in your telegram dated Kingston, May
2Sth, 1898, in which you say: Much to be
regretted cannot obey orders of the De-
partment.'
''Inasmuch, however, as it is the Depart
ments 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 wee justified in disobeying them, and
that this may be clearly understood your
letter of the 9th ultimo, with copy of
this reply, will be duly forwarded to
the court.
Very respectfully,
IF. w. HACKETT,
Acting Secretary.
''To Rear Admiral Winfield S. Schley, y.
S NAVY Great Neck n "