The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-29

justice done the deserving and the good
of the service conserved.
DEWEY'S OPINION.
Counsel next take up the question of
the propriety and justice of Deweys
opinion that Commodore Schley was in
absolute command in the battle of San
tiago. and is entitled to the credit of
the glorious victory, and quote many
excerpts from the testimony to eStaD-
lish the correctness of this conclusion.
1t is recited that Sampson signaled TO
disregard motions commandment
chief when he started eastward that
morning. thereby comforting 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 or
Spanish ships until one hour and thir-
teen minutes after the battle ended, and
that at 9:35 on the morning Of July B
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 1t
also reciteS Secretary Longs message
to the senate that Sampson was pro-
ceeding toward Siboney when the Span
ish 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 following
reasons:
(a) BY virtue of his rank as second
in command OF the squadron before
Santiago.
OBJ 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 or
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
before Santiago.
CD The fact that, under orders from
the departn ent the said COMMANDMENT
chief had been temporarily detached
lean 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 SO 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 communication with the
ships actually engaged in the conflict he
might resume his authority until the
battle at every point had ended
20 The fact that, whereas the COM
mander-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
mand of the American forces before
Santiago and senior line officer on the
spot during every moment of actual
battle, could and did exercise authority
and command over the American forces
actually engaged.
Further argument on this question of
command is to the effect that Cook and
Clark, the two ship captains present at
the surrender of the Colon, recognized
Schley's seniority and also that Samp-
sons order of battle failed entirely as
no know oh f1r-0ra aA
in passing beyond the weSternmost ex-
tremity of the American vessels. All of
which, it is submitted, goes to prove
cOncluS1vely that the individual opinion
of Dewey was eminently proper and
wholly justified by the evidence and the
naval regulations.
Exhibit ''b'' celebrates and sustains the
statements IN the petition respecting the
passage of the flying squadron fro -
with the utmost dispatch off Cienfuero -
Counsel declare that the court erred in
the squadron did not direct it to proceed
with dispatch off Cienfuegos, but the on
should establish a blockade off Cienfuegos
with the least, possible delay" It IS de-
that he obeyed these orders and that there
were no delays, the squadron proceeding
clares that this passage was both expedi-
tious and effective, and Admiral Schleys
the majority opinion should be set aside
and Dewey's opinion approved as other
wise commanders in the future Will be de-
prived of all discretion and the service
will be injured. The petitioner objects to
schley did ' not blockade the port of Glen
fuegos as closely as possible and he OBJ
referring to the distance alone. holding
that it means effectiveness" Adequacy.
and that all of the testimony showed that
the blockade of Cienfuegos was adequate
that no vessel entered or departed with
out his permission and that an proper and
customary precautions were taken IN the
premises He further declares that the
ia cts regarding the Aduia incident and he
asks that Admiral Dewey's rendition of
exhibit counsel deal with the passage
from Cienfuegos TO santiago ana again
rniral Sehley should have proceeded with
all dispatch and disposed his vessels with
a view of intercepting the enemy. In this
connection counsel submit that the admi-
raj squadron was unit: that he had no
power to atomic it; that in view of the
prevailing ignorance of the enemy's loca-
ton it would have been the acme OF mill
ron: that the nature of the duty expected
at Santiago required all his vessels tnat
Eagle did delay his squadron and that his
vessels were disposed in that order winch
presented the strongest formation and
engage the enemy.
The last exhibit, C. is general in char
are objected to as in conflict with the
Overwhelming weight of evidence and IL
Is declared Ilal the uidJOTlA9 AldNt
the petitioners testimony and the whole
of his witnesses and that part of the gov
eminent testimony favorable to him. The
majority it is stated, did not give him
opportunity to bring in proper and con-
vincing evidence respecting the passage
to Cieflfuegos. and, it is declared, the evil
dence taken on that point was directly
contrary to the opinion rendered. The
majority criticised the petition for not
communica ting with the insurgents when,
in fact McCalla'S memorandum did not
mention their location, and the memo
randum itself was given only for use IN
connection with certain batteries in Glen
fuegos harbor They said he should have
maintained a close blockade of CienfuegOs
when the overwhelming testimony proved
Judge advocate substantially abandoned
any charge to the contrary. The majority
ignored the Uucontradicted testimony prov
ing that the Adula was permitted to go In