Evening star., 1902-01-29
and command over the American forces ac-

| Further argument on this question o,
command is to the effect that Cook and
| Clark, the two ship captains present at the
| surrender Of the Colon, recognized Schley'i
seniority, and also that SIMPSONS "ordel
| Of battle" failed entirely as soon as the
| Spanish squadron succeeded In passing be-
yond the westernmost extremity OF the
| American vessels All Of which, 1t is sub
| mitted, goes to prove conclusively that the
| opinion of Admiral Dewey was emtnentlJ
| proper and wholly justified by the evidencs
| and the naval regulations.
1.-THE facts being as herein set forth
your petitioner respectfully urges that only
by the action for which he prays can these
final and conclusive ends be attained:
"(a) Exact Justice to himself.
"(b) Perpetuation in history Of the true
facts surrounding the battle of Santiago.
"(c) Correction Of the failure of the ma
jority members Of the said court to pass
upon this question.
I'D A final termination Of the contro-
versy growing out Of the dispute over this
question: and
"(e) The creation Of a condition which
will permit justice to be done those deserv-
ing Of recognition and reward for the SER
vices rendered by them in connection with
the said battle of Santiago"
The Passage From Key West.
Exhibit B Celebrates and sustains the
statements made in the petition respecting
the passage Of the flying squadron from
Key West to Cienfuegos. The court de-
clared that Commodore Schiey did not
proceed with the utmost dispatch Off Glen
fuegos" The counsel declare that the
court erred IN that statement; that the
sailing orders to the squadron did not direct
It to proceed with dispatch of Cienfuegos," !"
but the only direction on that points was
that You should establish a blockade on
C1enfuegos with the least possible delay"
It is declared that this left Schley discre-
ton; that he obeyed orders. and that
there was no delay, the squadron proceed-
ing at ten knots per hour. The petitioner
declares that this passage was both expe-
dtious and effective, and his conduct un-
deserving Of censure, wherefore the ma
jority opinion should be set aside, and
Dewey's opinion approved. Otherwise he
holds commanders win in the future be de-
prived OF all discretion, and the service
will be injured. The petitioner objects to
the majority report that Commodore
Schley did not blockade that port as close
ly as possible" and he objects to the use
of the word close as referring to distance
alone. holding that 1t means effective
ness, adequacy. and that all OF the tes-
timony showed that the blockade of Cien-
fuegos was adequate; that no vessel enter
ed or departed without his permission, and
that all proper and customary precautions
were taken In the premises He further de-
clares that the court failed to state all OF
the pertinent facts regarding the Adula in
cident, and he asks that Admiral Dewey's
rendition of that incident be accepted
LaStly IN this exniplt, the petitioner deals
with the passage from cienfuegos to SAN
tiGgo, and again he objects to the majority
conclusion. that he should have proceeded
with all dispatch. and have disposed his
vessels differently. In this connection he
submits that his squadron was unit; that
he had no power to atomize It; that In view
Of the prevailing ignorance of the enemy s
location. 1t would have been the acme of
military folly to have. disintegrated his
squadron; that the nature Of the duty ex-
pected at Santiago reouired all NJ Fh3s vee.
sells; that he exercised proper discretion;
that the Eagle did delay hts squadron, and
that his vessels were disposed In that
order which presented the strongest forma-