The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-01-31

lty Is approved" u mat In ats place.
be substituted and approved h declar-l
alton Of Admiral Dewey on these points,
above referred to. connected with the
passage from Key West to C~ienfuegosl
and thence to Santiago
4, The petition concludes: And your
petitioner most respectfully states that
only by the action for which he praysl
al this relation can exact justice bel
cone him, within the contemplation of
the precept under which the said COURT
sat n whence IT derived Its author-l
!ty."
Exhibit "A" Is an argument and al
resume OF :SSlInony concerning InrI
question of command during the battIsI
of Santiago, and comprises full two
thirds of the sfxty-two printed pages
which make UP the petition and exhib
It's. It Is stated that the precept and
instructions directed the court to thor
oughly inquire into all the circum-l
stances bearing upon Schley's conduct
and the subject OF the investigation"
Therefore, coInsel hold that it is an
incontestable act that the court was
authorized to determine the question of
command at the battle OF Santiago.
The counsel then take up the question:
OF fact as to whether the court did ac-I
tually entertain and consider the Ques-l
ton OF command. and to determine this
point they submit a great number OF
excerpts from the official record of theI
court. These are based on testimony
given by many officers.
AS to the general obligation on the
court to determine this question of
command, the counsel declare that they
should have done so
The question has never been consider
ed and da'~-nined by a body OF compe-I
tent Jurisdiction having before 1t all thel
facts and all the parties interested.
OBJ That a doubt existing as to who
was actually in command at the battle
of Santiago, there arose in the navy of
the United States and among the peo-|
pie at large, a controversy over this
point, which controversy, without be-
ing instigated, fostered or counten-
anced by your petitioner, has waged for
more than three years to the great de-
teIrent good of the service n to
the hurt of those most concerned in the
said question.
Co That in the course Of the said
controversy your petitioner was made
the object of most unjust accusation,
affecting his personal n public char
acter, which accusations were inspired
by those who sought to establish the
fact hat he did not command at the
| said battle, and that owing to a ac-
| cusations he has suffered much injury.
I'D That the said controversy
brought about a condition which re-
suited in all those persons present and
participating in said battle being de-
MED the rewards which a generous
country is disposed to grant those who
serve it we'll in war.
(E) That the said controversy can
only be terminated and justice done to
those to whom justice is due upon the
| rendition by a body of competent juris-
diction, having before it all the facts
and parties concerned, of the decision
upon this question, which decision shall
be final and conclusive.
CD That such a decision will result
in the betterment of the service, by
| closing a d%eplorable controversy, which
now divides the service into hostile fac
lions; that, further, such a decision Will
perpetuate in history the true facts sur
| rounding one of the greatest naval con-
| flicts of modern times and n OF the
| greatest navy victories ever ach1eVed
by this country.
Counsel next take up the question of
the propriety and justice of Dewey
opinion that Commodore Schley was IN
| absolute command in the battle Of San
| itago, and is entitled to the credit OF
the glorious victory and quote many ex-
cerpts from the testimony to establish
! the correctness of this conclusion. 1t IS
| recited that Sampson signaled to dis
! regard motions of commandments,
when he started eastward that morning,
thereby comforting command upon
Schley. It is asserted that the New
York did not reach the scene of the
last surrender of Spanish ships until
one hour and thirteen minutes after the
battle ended and that at 9:35 o'clock on
| the morning of July 3rd 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 cite
Secretary Longs statement to the SEN
ate that Sampson was proceeding to-
wards Sibony when the Sanish ships
emerged, under orders from the depart
ment to confer with Shafter, and it is
held that these orders detached him
temporarily from his command, so that
| Schley was actually in command at the
battle for the following reasons:
"(a) BY virtue of his rank as second
in command Of the equadron before
| Santiago.
"(bl BY virtue of his rank as senior
| line officer on the SPOT, authorized by
| h 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.
(c.) The absence from the scene OF
action during every moment OF actual
combat of the regularly appointed COM
mander-in-chief Of the American forces
fefore Santiago.
(d.) The fact that. under orders OF
the department, the said commandment
chief had been temporarily detached
fIom duty as COMMANDER OF the Ameri-
| can forces before Santiago and as
signed to the discharge Of certain other
duties, which orders he was obeying at
| the time the battle began.
(e.) The fact that being 81 engaged
in the discharge Of such detached duty
at the time the Spanish ships emerged
from the harbor Of Santiago. the COM
mander-in-chief found it impossible to
return to any point whence. personally
| or by means Of commu lication with the
snIps actually engaged in the conflict.
lie might resume his authority until af-
ter the battle at every point of such ar
| rival had ended
~ The fact that. whereas the COM
rnander-in-chief could not and did not
exercise command over the squadron at
any time during the actual conflict
Commodore Schley as second in COM
nan Of the American forces before
Santiago. and as senior line officer on
the spot during everv momen Of actual