Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-08-02
.SCH|L.EYS REQUEST DENIED.
Navy Department Informs the Admir-
zs5sa. al it viii Not Change the f. !
55 Precept to Court.
Schley's Letter in Which He Asks
&, !. Modification of the Fifth Clause
~ is Published. ~
Department Holds that the Disobe-
dience of Orders is an lEstab-
*l.. lished Fact. ~:

Washington, Aug. -2.-The navy de-
oartme1t 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. 80 -
The admiral, in his letter, chal-
senges that specification, which states,
as a fact, that he had disobeyed Or
ders, and suggested that it be modi-
fed. The department, in it's reply, de-
clines to make the suggested modifica-
tion on the ground that according to
the official records Admiral Schley
himself acknowledged that he had dis
obeyed orders. The disobedience of
orders was an established fact, wheth-
er unwillingly or willingly.
The following are letters that have
passed between Admiral Schley and
the navy department regarding the
precept:@ =%v 49,. -.
Great Neck, N. Y, July 27.-Sir:
have the honor to acknowledge re-
ceipt of the departments communica-
ton of July 26, enclosing copy of an
order sconvening, pursuant to the re-
quest contained in (my). communica-
tion of 22d inst, a court of inquiry
"Inasmuch as the court is directed
to Investigate and, after such inves-
tigation,~ report full and detailed
statement of all the pertinent facts
which it may deem to be established,
together with it's opinion and recon-
incubation in the premises would
respectfully suggest to the department
that paragraph of the department S
precept, which is as follows, viz: The
circumstances attending and the rea-
sons for the disobedience by Commo-
dore Schley Of the orders of the de-
partment contained in it's dispatch,
dated May IS, 1898, and the propriety
of his. conduct in the premises be
modified so as to omit the depart
ment's expression of opinion and thus
leave the court free to express it's own
opinion in that matter. Very Respect
fully, %.,. r.
!, "W. S.. sCHLEY, Rear Admiral"
Navy Departments Reply.
"Navy Department, Washington,
Aug. Sir: The department has. re-
ceived your letter of the 9th ult., in
which you acknowledge the receipt OF
a copy of the order, convening, at
your request, a court Of inquiry to, in
vestigate your conduct during the war
with Spain and suggest that para
graph S of said order, directing the
court to inquire into the circum-
stances attending and the reasons for
the 5disobedience by Commodore
Schley of the orders of the depart
ment, etc. be SO modified as to omit
the departments expression Of opin-
ion and thus leave the court free to
express its own opinion in that mat
ter
"In reply you are advised that the
precept calls for an inquiry by the
court and the ascertainment of per-
tinent facts. For the purpose Of set
F ting on foot this inquiry the precept
treats certain matters as established,
such, for instance, as the arrival OF
the @tfying squadron" off Cienfuegos
and of Santiago; the retrograde move
ment westward; the turn : of the
Brooklyn on July 8, 1898, and the fact
that you disobeyed orders as reported
by you in your telegram dated Kings
ton, May %, 1893, in which you say:
Much to be regretted, cannot obey
orders Of the department Inasmuch,
however, as 1t Is the departments pur-
pose that the court shall be absolutely
free to report, II such shall 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,
our letter Of the 9th ult., with copy
OF this reply, will be duly forwarded to
the court. Very Respectfully, # @
=. ~. TIACKETT,. Acting Secretary.
p,