The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-01-30
APPEAL OF SCHLEY
NAVY DEPARTMENT MAKES DoCU-
MENT PUBLIC.
SIMPLY ASKS FOR JUSTICE
THE MANY POINTS IN HIS FAVOR
PLAINLY SET FORTH.

santiago boldly lnserted-He Tells
why the Findings of the Majority
Should BE Retersed and Those of
Dewey Approved.
Washington, Jan. 29.-The Navy De-
partment has made public Admiral
Schley's appeal, delivered to the Pres
ident about a week ago. The depart
ment's comment will be published in
a day or two.
Admiral Schley appeals to the Pres
tdent as the chief executive and COM
mander-in-chief of the army and navy,
vested with power to regulate and
direct the acts of the several execu-
tive officers thereof" and he asks the
President to review the findings of the
court. He asks this on three grounds,
in each case basing his appeal on the
findings of Admiral Dewey, as opposed
to the majority report. These three
grounds are set out compendiously in
the petition" which fills about eight
printed pages of a pamphlet, and is
signed by Admiral Schley, and by
Messrs. Rayner, Parker and league,
of his counsel. Attached to the petit
tion are three exhibits "a" "B" and
&C." each made up of copious extracts
from the testimony taken by the court
of inquiry, an intended to confirm the
statements of fact made in the petition
itself.
In this latter document the first
ground of appeal is the holding of Sec
retary Long in his endorsement on
the courts findings that "the conduct
of the court in making no finding, and
rendering no opinion on those ques-
tionS Chat of command and of credit
for the victory is pproved-indeed, it
could, with propriety, take no other
course, evidence on these questions
during the inquiry having been ex-
cluded by the court" On this point
the petition says that the Secretary of
the Navy was in error in stating that
the court excluded testimony to show
that, as Dewey said, Schley was the
senior officer in the battle of Santiago
was in absolute command, and entitled
to the credit for the glorious victory
which resulted in the total destruction
of the Spanish ships.
Sch1ey ASSERTS His Claim.
On this point the petition says:
"And your petitioner, the applicant
before said court of inquiry now files
with the petition an argument, to-
gether with resume of the testimony
taken during the inquiry, insofar as
it relates to the questions as to who
was in command at the battle of San
tiago, in support of his plea that the
presiding member of the said court
acted within his authority and iuris-
diction in reporting his opinion as
hereinbefore set forth, and that the
majority members of the said court
failed in the discharge of most impor-
tant duty devolving upon them under
the precept, in that they did not re-
port their opinion upon the said ques-
ton; that it was incumbent upon such
majority members to consider and
determine the said question for the
reason that only by so doing, could
they determine the propriety of the
conduct of the said Schley in said bat
tie, since it being a fact that he did
assume command of the American
forces therein engaged, his action. in
the absence of the right and duty so
to do, would have been highly CEN
surable, and upon the questions of such
right and duty and the propriety of
his conduct in the premises the said
Schley was entitled, under the precept
to finding, and an opinion from the
majority members as we'll as
from the minority members
of the said court, and your petitioner
respectfully requests that the said ar
gument and resume of testimony
(Which are attached hereto and marked
exhibit A'') be considered as a part
of his petition and as. the basis of his
prayer for relief in the premises"
Therefore the petitioner asks the
President to annul Secretary Longs
Endorsement on this point, and that
he specifically approve Admiral
Dewey's statement, declaring that
Schley was in command. He says that
only in this way can exact justice be
done him under the precept.
Wants Opinion ON Blockade.
The second ground relates to the al
legged Withdrawal of the squadron at
night from Santiago bay, and the char
acter of the blockade, and the propriety
of Commodore Schley's conduct in the
premises. This was one of the points
upon which Admiral Dewey specifi-
cally dissented. The petition recites
the findings of the court to the effect
that the Flying Squadron did not
withdraw at night, and declares that
by this statement. the court obviated
the necessity of expressing it's opinion
as to whether or not a close or ade-
quate blockade was established, and
the propriety of Commodore Schley's
conduct in the premises. It is de-
clared that under this specification. the
eighth, more than a majority of all
the witnesses were examined, and
about one-third of the whole period Of
the inquiry was consumed in its con-
sideration, yet Notwithstanding the
facts herein set FORTH all of which ap-
pear upon the record of the said court,
the concurring members thereof have
failed utterly and entirely TO
discharge the most important
duty imposed upon them by
the terms OF the said specification,
which duty was to report their opinion
upon the questions OF whether or not
a close or adequate blockade of said
harbor 10 prevent the escape OF the
enemy's vessels fherefrom was estab-
lished and the prOprlety OF Commodore
Rchleys conduct I'm the premises.
Therefore Admiral Sohley asks the
President 20 aDnui the Secretarys en-
dOFsement which makes valid the
failure Of the majority members there
Of 20 report their portion upon that
pOrtlOn Of the said eighth fpecifica-
ton" Otherwise the petitioner states
that he VIII be- without a finding or
opinion without one ~ the most lrn-
poFtanf specifications.
The third ground recitea Admiral
UaaffrTa NUNIur 40 fnG effect "fnr