The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-01-30

who commanded the American feet on July
8. says that the official reports OF the battle
OF Santiago. made by commanders of vessels
were admitted In evidence and that some
| Of these were wholly silent as to the par
ticipancy In the battle OF any officer senior
to Schley; that logboohs were submitted
showing that the New York on leaving for
Siboney on the morning OF the battle had
commander-in-chief. and other docu-
mentary evidence bearing on the question.
From all OF which II will appear says
the petitioner. that the statement made
by the Honorable the Secretary of the Navy
70 the contrary Notwithstanding, testimony
was offered and accepted touching upon
and proving each and every phase OF this
question, including the rights and duties
Of the said Schley to exercise the power
and assume the responsibilities Of such
communicating and the facts as to his
action In the premises. and, these being all
shown, that an agreement was made in open
court between ounsel for the applicant
and the Judge Advocate, whereby the said
court was bound to consider the regula-
tons for the government OF the navy IN
such cases obtaining"
Admiral Schley appeals for a decision
In his favor in order, he says. TO close a
deplorable controversy. and because such
a decision will perpetuate In history the
naval conflicts Of modern times, and one
Of the greatest naval victories ever achieved
by thisc country
Admiral Schley commends the opinion
Of Admiral Dewey that he (Schley) was
in command on July 8, and In support OF II
submits a statement OF what he asserts
to have been facts fully and entirely estab-
lished during the inquiry. Briefly given,
this statement follows:
That on the morning OF July 3, Sampson,
In the New York. left the b~lockading line
and sent up a signal Disregard movements
| commander i'm chief" that this signal was
formal notice that Sampson was about to
absent himself from his command which
made Schley the commanding officer present;
that Sampson was too far away to
| cate with the other ships, except one, that
the naval regulations provide that In the
absence Of an officer In the next
in rank assumes command: that Schley dld
actually assume command, as shown by
| signals cited in the appeal: that the battle
was over before the New York appeared
and that the admission OF testimony by the
court in regard to the question OF omman
did not make Sampson an Interested party
before the court or entltle him toa nearing.
Admiral Schley adds:
sIn the case of Admiral Sampson the
presumption of command would date from
the moment he returned to position whence
he could exercise his authority as the regular
commandments"
n is further maintained that Schley was
actually in command for a number OF
reasons set forth. among them that
Sampson, being under the orders oil the
| Navy Department to go to Siboney, could
not resume command OF the heet Intn
| after he had complied with those orders.
Admiral SChlev takes up Secretary
Longs statement in his letter 10 tho Senate
Committee on Naval Affairs that the battle
of Santiago was q Captains battle, ana
holds that this statement Is M bile
for the reason that, as Admiral Schley.
in his exercise Of command on the BROOK
lyn. was superior to Capt. Cook. then Cook
could not he included a. one of those who
contributed toward making the engage
ment a Captains battle, ana, further
more, that neither Cook nor Clark
Of the Oregon, who were present
at the surrender of the Colon, presumed to
act in his individual capacity but each
recognized the seniority OF Schley II
IL maintained also bv Admiral SciIey that
II his status at the battle Of Santiago If
20 he 10 construed, a precedent VIII be estaD-
lished under which the force ana effect
OF the regulations governing me questions
OF seniority and precedence IN the navy VIII
he utterly destroyed, rendering II impossi-
bic 20 determine responsibility on essential
occasions for the good of the service ana
the glory Of our country
II Is held also that Secretary Longs claim
that the battle was fought IN accordance
with SIMPSONS plan Is equally untenable.
as IL conclusively appear from the evidence
contained in Appendix A--that the pre-
arranged order Of battle was a complete
and total failure.
Exhibit b IL an argument in support OF
Admiral Schley's petition that the Presi-
dent approve Admiral Deweys separate
statement concerning the progress oil the
Flying Squadron from Key West 20 CIeniue-
gos. the stay Of that squadron al Clehiuegos
and The movement Of that squadron from
Cienfuegos toward Santiago. II is con
tended tina Admirals Benham and Ramsay
erred Ia saying that Schley had been ordered
60 proceed with the utmost despatch from
- a-- 81. IA- IL
were silent In that particular The CON
tentionI Ia made that Schl"y had discretion
90 fin the sIaed uHdeT which he vac - pro-
oeed 20 CisnfuegOs, and that this passage
wac both expeditions and effective
Admiral schley maintains that failure
90 apprpvs Admiral DeWey'- opinion that the
FLYING SluadrOn did proots'd Ca teniu"Rp-
With despatch will work an injury 60 the
service in tina IL viii dspriN" commander.
81 discretion and -uhJ"'t them a. "a" lSnl
of Official condemnation Tor H'ts dom" when,
in tha e%tcrcize IT their i-'rt judgment they
are laborng Ia pfotrot" ia" Interests 81
their country
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