Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-01-30

the rendition by body of competent !
jurisdiction, having before it all the
facts and parties concerned, OF the !
decision upon this question, when de-
csion shall be final and conclusive.
CD That such a decision will re-
suit in the betterment of the service, j
by closing a deplorable controversy, |
which now divides the service into !
hostile factions; that, further, such
decision will perpetuate in history the
true facts surrounding one OF the
greatest naval conflicts OF modern |
times and one Of the greatest naval
victories ever achieved by this coun-
try.
60 That in asking for court to
pass upon his conduct during the war
with Spain your petitioner expected
by such action and its consequences
to secure judgment so final and con-
elusive as to terminate the said con-
troversy and relieve the service OF a
most baneful contention.
(h) That in this respect his desire
was shared by the navy department,
which created the court and vested 1t
with ample authority in the premises.
G) That under the circumstances
and conditions herein set forth it be-
came the duty of the said court to
pass upon this question, to the end
that the said controversy might be ter
minated the truth properly perpetual
ed in history, justice done the deserv-
ing, and the good of the service con-
served"
Propriety of Dewey's Decision.
Counsel next took up the question
of the propriety and justice OF DeWeys
opinion that Commodore Schley was
in absolute command in the battle OF
Santiago and is entitled to the credit
of the glorious victory, and quote
many experts from the testimony to
establish the correctness OF this con-
clusion. 1t is recited that sampson
signaled to Disregard motions COM
mander-in-chief" when he started east
ward that morning, thereby conferrlng
command upon Schley, and the naval
regulations are cited at length on this
point. 1t is asserted that the New
York did not reach the scene OF the
last surrender of Spanish ships until
one hour and thirteen minutes alter
the battle ended and that at 9:35 on
the morning Of July 8, the New York
was out of sight of every ship OF the
blockading squadron but one, making
it impossible for her to communicate
with any OF them. Counsel also cites
Secretary Longs statement to the
senate that Sampson was proceeding
toward Siboney when the Spanish
ships emerged, under orders from the
department to confer with Shafter,
and it is held that these orders de-
tached him temporarily from his COM
mand. so that Schley was actually in
command at the battle for the follow
ing reasons:
"(a) By virtue of his rank as sec
ond in command of the squadron be-
fore Santiago
4 (b) BY virtue of his rank as senior
line officer on the spot, authorized by
the regulations for the government OF
the navy of the United States to as
sumo command in such situations and
to direct the movements and efforts OF
all persons in the navy present.
: Co The absence from the scene OF
action during every moment OF actua
combat of the regularly appointed
commander-in-ch of the American
! forces before Santiago. !
: (d) The fact that, under orders o.
: the department, the said commander
: in-chief had been temporarily detach
: ed from duty as commander OF the
1 American forces before Santiago ant
I assigned to the discharge of certain
: other duties, which orders he wa:
0 obeying at the time the battle began
e (e) The fact that, being SO engaged
I in the discharge of such detached dut!
) at the time the Spanish ships emerged
e from the harbor of Santiago, the com
: mander-in-chief found it impossible t.
l. rturn to any point whence, PERSONAL.
: or by means of communication will
Y the ships actually engaged in the con
e flict, he might resume his authorit,
l. until after the battle at every poin
S of such arrival had ended.
/ Fl The fact that whereas the CON
n mander-in-chief could not and did no
e exercise command over the squadro
IT at any time during the actual confiic
e Commodore Schley, as second in con
e mand of the American forces befor
II Santiago and as senior line officer c
u the spot during every moment of al
n tual battle, could and did exercise al
|
u can forces actually engaged"
:" Further Argument.
p Further argument on this questio
" of command is to the effect that Coo
o, and Clark, the two ship captains pre-
y ent at the surrender of the Colon, re
u ognized Schley's seniority, and ais
;. that SIMPSONS ''order of battle" fa
!. ed entirely as soon as the SPANS
oi squadron succeeded in passing beyor
A the westernmost extremity of II
ne American vessels. All of which, it
81 u submitted, goes to prove conclusive
II that the individual opinion of Dew
=, was eminently proper and wholly ju
~ titled by the evidence and the nav
regulations.
Exhibit B Celebrates and sustai
he the statements made in the petite
of respecting the passage of the tiyi
at squadron from Key West to Cienfl
COS. The court declared that eco
m modore Schley did not proceed wi
of the utmost dispatch off Cienfuego'