The Washington times., 1901-08-02
The repIy follows:
Navy Department,

washington, aug. i, iJvl-
Sir: The department has received
Your letter Of the 9th ultimo, in which
you acknowledge the receipt of copy
of the order conVening, at your re-
quest a Court Of Enquiry to invesu-
gate your conduct during the war with
Spain and suggest that paragraph OF
said order directing the court 10 en-
ouire into the circumstances attend
ing and the reasons for the dlsopedl-
ence by Commodore Schley OF the or
ders Of the department, etc, he SO
modified as to omit the department
expression of opinion, and thus leave
the court free to express its own opln-
ion in the matter.
''In reply you are advised that the
precept calls for an enquiry by the
court and the ascert3inment of peril
nent facts. For the purpose of setting
on foot this enquiry, the precept treats
for instance, as the arrival OF the
Flying Squadron off Cienfuegos and
off Santiago; the retrograde movement
westward; the turn Of the Brooklyn on
July ,, 1925, and the fact that you dis
obeyed orders as reported by you IN
your telegram dated Kingston, May
q. 1895 in which you say: Much to be
regretted. cannot obey orders of the
department.
"Inasmuch, however, as It is the de-
partment purpose that the court
shall be absolutely free 20 report. if
such shall be found to be the case,
- that go FL not willfully disobey the
orders. or that you were justified in
tiisobeying them. and that his may be
clearly understood, your letter of the
9th ultimo. with a copy of this reply,
will be duly forwarded TO the court.
#. w HACKETT.
Acting Secretary
Rear Admiral Winfield S. Schiey, L.
S. n. Great Neck. n. Y"
These two communications were sent
yesterday to Admiral Dewey, and vii
form part of the records of the pro
ceedings of the Court of Enquiry. The
purpose in sending them to the court i:
to show that Admiral Schley has mad,
formal protest against the language o.
the precept, and the explanation made
by the department. The communications
from and to Admiral Schley accompanied
the following letter:
Navy Department
Washington. Aug, l. 1901.
Sir: l transmit herewith for the
informati0n of the Court of Enquiry,
of which you are president, letter
dated the 9th ult from Rear Admiral
Winfield S. Schley. asking that modi-
-ncation be made in para graph OF
the precept conYening the court, to-
gsther with copy of the department
reply of this date. Very respectfully,
f. w. HACKETT,
Acting Secretary.
admiral George Dewey, L. S Navy,
Washington, ID. C
Attention is called to the fact that in
the letter written by Admiral Schley he
states that The court is directed to inves-
tieate certain matters, while the reply
OF the department tells him that these
certain matters are regarded as estab-
Iished facts, which tends to pre5udge the
case before word Of testimony has beer
heard by the Court Of Enquiry. 1t Is
this phase OF the precept to which tht
friends Of Admiral Sehley take exeep.
tlou.
The application made by Admiral Kim
berly to be relieved from serving on tn.
Court of Enquiry was granted yesterda!
by the Navy Department. in viey Of th'
reasons which he states for asking to b'
excused His i'll health is the sole caus'
of his desire not TO serve, and therefor,
the department viii not insist that n
shall IN his letter 20 Secretary Lonl
asking to be relieved. Admiral Kimberl,
stated that it was the first time in thirty
nine~y years that ne had ever asked to b.
relieved OF performing any duty assignee
him as an officer OF the navy, and tina
he would not make the request now wer'
he in a physical condition to sit in judg
ment upon the case.
The matter of the appointment of hi
successor Is being considered by the Act
ing Secretary of the Navy, and a decision
will probably be reached today or to
morrow.