The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-08-02
Thought 1t should Contain No State
ment that He Failed to obey
Department ORDERS.
ACTING SECRETARY'S REPLY
NO CHANGE WILL BE MADE BIZ THE
NAVY DEPARTMENT,
For the Reason that SchIey Admitted
i'm an Official Report that He
Was Disobedient.

WASHINGTON. Aug. 1.-the Navy De-
partment has refused to accede to Admiral
Schley's suggestion that the language in
the fifth specification of the precept to the
court of inquiry be modified. The admiral,
in his letter, challenged that specifca ton,
which states as a fact that he had dis
obeyed orders, and suggested that il be
modified. The department., in its reply, de-
clines 10 make the suggested modification,
on the ground that, according TO the offi-
cial records, Admira Schley himself ac-
knowledged hat he had disobeyed orders.
The disObedience of orders was an estab-
Ished fact, whether unwillingly or willing
ly. The following is Admiral Schley's letter
to the Navy Department respecting the
precept, it being dated Great Neck, N. Y,
July %:
'Sir-I have the honor TO acknowledge
receipt Of the departments communication
Of July 20, inclosing a copy of an order
Convening, pursuant 70. the. request con-
inst, a court Of inquiry Inasmuch as the
court Is directed to investigate and, after
such investigation. report a full and de-
tailed statement of all the pertinent facts
which 1t may deem TO be established, to-
gether with its opinion and recommended
ton i'm the premises, l would respectfully
suggest TO the department that Paragraph
. OF the departments precept, which is as
follows. The circumstances attending, and
lily u ne utSODCQlSlGG DN COM
modore Schley. Of the orders of the de-
parIment contained in its dispatch dated
May -, 1888, and the propriety of his con-
duct In the premises be modified SO as to
omit the departments expression Of opin-
ION, and thus leave the court free to ex-
press its own opirion In that matter"
+. W. Hackett, acting secretary of the
navy, replied as follows:
'1Sir-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 your conduct dur
ing the war with Spain. and suggest that
Paragraph . OF said order, directing the
court to inquire into the circumstances
attending and the reasons for the disobe-
dience 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
10 express its own opinion in that matter
In reply you are advised that the precept
calls for an inquiry by the court and the
ascerIainment or pertinent facts. For the
purpose of setting on foot this inquiry the
precept treats certain matters as estab-
the lying squadron off CienfuegoS and off
Santiago, the retrograde movement west
ward, the turn OF the Brooklyn on July 3,
1898. and the fact that you disobeyed orders
as reported 10y you in your letter dated
Kingston, May 20. 1898, in which you say:
Much TO be regretted. cannot obey orders
J of department.
'Inasmuch, however, as it is the depart
ment's purpose that the court snail be
absolutely Tree TO report, IL such snail be
found TO be the case. that you did not will
fully disobey the orders. or that you were
justified in disobeying them, and that this
may be clearly understood, your letter of
the 9th ultino, with d copy of this reply,
will be duly forwarded to the court"
Later in the day a letter was sent to Ad-
miral Dewey, stating that "the department
herewith transmits copies Of letters July
q and Aug. /, respecting the precept under
which the court of inquiry In the case of
Rear Admiral Schley is to be convened
The court, through Admiral Dewey, had
already been supplied with a neatly printed
copy OF the precept itself. The correspond
ence referred to is Admiral Schley's letter
suggesting the omission of the departments
expression of opinion respecting his alleged
disobedience of orders. and the reply Of
Acting Secretary Hackett declining to make
this modification. 1t is very rarely that u
preceDt converting a court of inquiry is
stated. while technically declining Admira
Schley's suggestion. does. however, in fact,
amount TO an amendment on the lines
pointed cut by him. AS indicated in The
letter to Admiral Dewey, this corresponds
ence will form a part of the record, and, in
fact. is a supplement to the precept and of
as much force as the original document.
The Navy Department has granted the
request of Rear Admiral Kimberly that he
be relieved from duty on the court Of in
quiry. His successor has not been an
nounced, and will not be until an accept
ance Is received.
Captain Parker, of counsel for Admiral
Schley, continued his work AT the Navy
Department to-day of scanning the log
books and other records bearing on the
operations of the West Indian fleet. lie
hopes TO finish this week. He is maintain
ing a close silence of his discoveries. if he
has made any, and is evidently an object
of great interest to the naval officers In
the department. who watch him very close
iy and use every precaution to prevent the
newspaper men from coming in touch with
him. The log books are pOnderous volumes
and are watched with the most jealous care
at all times. In the present instance a
keen-eyed young lieutenant watches the
turning of every page Of the volumes To
make sure there shall he no alterations or
excisions. Mr.. Parker left the city to-
night, but will return next week.
The War Department has taken cogni-
zance of the published interview of Capt.
Thomas +. Schley regarding the court of
inquiry upon his father, Rear Admiral
Schley. 1t is understood that the depart
ment informed the captain that such in
terviews are contrary to army regulations.
1t is not believed that a general order
directing army officers not TO talk for pub
LEGATION about such matters will be neces-
sary.