The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-12-25

York. Sir: / am dlrecCe0 Dy Gne preSl-
dent to ask Edgar S. Maclay, special
laborer, general storekeeper's Office,
navy yard, New York, to send in his
resignation. (Signed) Very respect
fully, John D. Long, Secretary
SECRETARY LoNG's ACTION.
Washington, Dec. 21.-Secretary
Long has disposed finally of the Schley
case so far as the navy department is
concerned, by acting upon the findings
and conclusions of the court Of inquiry.
He approves the findings of fact and
the opinion of the full court, he ap-
proves the majority opinion where
there is difference in the court; he
holds that the court could not have
entered into a consideration of the
question of command at the battle of
Santiago and finally he accepts the
recommendation that no further pro-
ceediRgs shall be had.
The secretary also has declined the
application Of Admiral Simpsons
counsel to enter upon an inquiry into
the question of command and has no
titled Admiral Schley's counsel Of that
fact as reason for declining to hear
them on that point.
Secretary Longs approval of the
majority report was as follows:
@sThe department. has read the testi
nony in this case, the arguments Of
counsel at the trial; the courts find
ings of fact, opinion and recommends
tion; the individual memorandum of
the president of the court; the state
ment of exceptions to the said findings
and opinion by the applicant; the
reply to said statement by the judge
advocate of the court and his assist
ants and the brief this day submitted
by counsel for Rear Admiral Sampson
traversing the presiding officers view
as to who was in command at the bat
lie of Santiago.
And after careful consideration,
the findings Of fact and the opinion
of the full court are approved.
As to the points on which the pre-
siding member differs from the opin-
ion of the majority of the court, the
opinion of the majority is approved.
As to the further expression of his
views by the same member with regard
TO the questions Of command on the
morning of July 8, 1898, and OF the
title to credit for the|ensuing victory,
the conduct of the court in making
no finding and rendering no opinion
on those questions is approved-indeed
it could with propriety take no other
course, evidence on questions during
the inquiry having been excluded by
the court. !
The department approves the rec
ommendation of the court that no fur
tber proceedings be had in the
premises.
ssThe department records its appre-
citation of the arduous labors OF the
whole court. Yours respectfully etc.
THE CORRESPONDENCE.
The text of the secretary's letter to
Admiral Sampson's attorneys, Messrs.
Stavton; Campbell & Tbeall, New
York city, is as follows:
Gentlemen: In view of the depart
ment's approval, this day, of the rec
ommendation of the court Of inquiry
in the case of Rear Admiral Schley,
that to further proceedings be had,
of the fact of the question of command
was excluded from consideration by
the court, the department will take
no action on the brief by you in
behalf of Rear Admiral William T.
Sampson. Very respectfully, etc.
The following is Secretary Longs
communication to Rear Admira Win
field S. Schley, U. S. n, Retired:
"Sir: Referring to the depart
ment's letter Of the 18th inst, you are
advised that action has today been
taken upon the findings opinions and
recommendations of the court of
inquiry in your case, and upon the
minority opinion Of the presiding
member, and copy of the endorse
ment embodying such action is here
with transmitted for your information.
In response to your request ef the
18th instant, heretofore acknowledged,
that, if protest should be filed by
Rear Admiral ". T. Sampson relative
to the question Of command of the
American naval forces during the bat
tie of Santiago and credit for the VIC
tory won in that battle, you be accord
ed an opportunity to present, through
your counsel, oral argument against
such protest, you are advised that a
brief on this subject has this day been
fled by Messrs. Stayton. Campbell &
Thean, counsel for Admiral Sampson.
In view, however, of the depart
ment's approval of the recommends
tion of the court of inquiry that no
further proceedings be had and OF The
fact that the question of command was
excluded from consideration by the
court, no action will be taken upon
said brief and reply to that effect copy
enclosed) has this day been made
to counsel for Admiral Sampson.
"a copy of the~report of the judge
advocate of the court and his assist
ants, upon your communication of the
18th instant obiecting to the approval
TO the findings of the court, is also
boror;4b 4roncrni%+od Very recnocf.