The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-29
LAST STAND
OF SCHLEY'
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dent otannll Secretary Longs indorse-
ment on this point, and that he specifcal-
~ approve Admiral eDwey's statement de-
claring that Schley was in command. He
says that only in this way can exact JUS
tice be done him under the precept.
Character of the Blockade.
The second ground relates to the al
legged withdrawal of the squadron at night
from Santiago bay and the character Of
the blockade and the prcpriety of Commo-
dore Schley's conduct in the premises.
This is one of the points upon which Ad
miral Dewey specifically dissented The
petition recites the findings Of the court
that the flying squadron did not with
draw at night and declares that by this
statement, the tourt obviated the neces-
sity of expressing its opinion as to
whether or not a close or adequate block
ade was established, and the propriety of
Commodore Schley's conduct in the prem
| Uses. It is declared that under this
specified tion-the eighth-more than
majority of all the witnesses were ex-
amined, and about one-third of the whole
period of the inquiry was consumed in its
consideration; yet
| Notwithstanding the facts herein set forth,
all of which appear upon the record of said
| court the ccncurring 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 ade-
quate blockade Of said harbOr to prevent the
escape Of the enemy's vessels therefrom was
established, and the propriety of Commodore
Sehley's conduct in the premises. -
! Therefore, Admiral Schley asks the
~ +nn w.
| dorsement which makes valid the failure
of the majority members thereof to report
| their opinion upon that portion of the
said eighth specification. And it is also
asked that there be substituted therefor
Admiral Dewey's holding 1.-The blockade
of Santiago was effective" Otherwise the
! petitioner declares that he will be with
| out a finding or opinion upon one of the
| most important specifications.
! Dewey Justified by Evidence. ~~
The third ground recites Admiral Dew
! ey's opinion to the effect that the pas
sage from Key West to Cienfuegos was
made by the flying squadron with all pos
sible dispatch, having in view the i'm
| portance of arriving off Ciemfuegos with
sufficient coal; that the blockade of Glen
| fuegos was effective; that the Adula was
| permitted to gain information; and finally
that the passage from Cienfuegos to a
point off Santiago was made with as
| much dispatch as possible, while keeping
| the squadron unit. The petition declares
! that this opinion, being at variance in
| certain points with the majority opinion,
is the only one justified by the evidence
and facts before the court, and it is asked
! that the secretary's approval Of the ma
| jority findings be set aside and annulled
in each instance where it is at variance
with Admiral Dewey's opinion and that
mir no
! for the seasons heretofore set out in the
bill Of exceptions filed with the secretary
! of the navy. 1t is also asked that the
| president annul that portion of Secretary
! Longs Endorsement which states ''as to
points on which the presiding member diff
fers from the opinion of the majority OF
the court, the opinion of the majority is
approved" and that in place he substi-
tute and approve the declaration of Ad-
miral Dewey on these points above re-
/ ferred to, connected with the passage
/ from Key West to Cienfuegos and thence
to- Santiago. The petit ton concludes:
And your petitioner most respectfully states
that only by the action for which he prays
in this petition can exact justice be done him
within the contemplation of the precept un-
der which the said court sat and whence il
derived it's authority
Question of Command. 81
of testimony concerning the question OF
command during the battle of Santiago,
and comprises fully tWo-thirds of the
s1Xty-two printed pages, which make up
the petition and exhibits. It discusses
the right of the court to consider the
question of command; the fact as to
whether or not it actually did so; the
propriety Of Dewey in regard to that
question; and the action requisite to ex-
act justice on this point. It is stated
that the precept and instructions directed
the court to Thoroughly inquire into all
the circumstances' and it is argued that
under the general, as we'll as under this
specific authority, the court had full
power to Investigate and was not re-
quired to limit the inquiry to Schley S
conduct in connection with the specific
directions contained in the precept. 1t
is declared that At did actually investi-
gate under this general authority, certain
details of his conduct outside of the spe-
cidc directions and it is pointed out that
the movement Of the flying squadron from
Key West to Cienfuegos was one of the
subjects of inquiry not specified in the
| precept. Therefore counsel hold that it
is an lncontestable fact that the court was
|. authorized TO determine the question Of
| command at the battle Of Santiago.
1t is also declared that the record of the
court shows that Schley did actually exer-
| else the powers and assume the RESPONSE
bility of command over the American
| forces in the battle, and, if he did this
in the absence Of any right to do so
then, under the naval regulations, his
conduct would have been "grossly insub-
ordinate and calculated to weaken the
lawful authority of his proper command
ing officer, and as such would have been
highly censurable and should have been
! SO held by the court. The court itsel
did not deny it's right to inquire into this
subject Of command, and the secre-
tary of the navy never did, his disap-
prevail of Deweys declaration being based
"solely upon anserroneous statement that
the court had excluded evidence in rela-
ton thereto" IN .--
The counsel then takes up the question
of fact as to whether the court did actu-
ally entertain and consider the question
of command and to determine this point
they submitted a great number of ex-
cerpts from the official record of the court
These are based on testimony given by
many officers.
"All Of these, it is respectfully submit
ted, amounted to formal entertainment
and consideration by the said court of this
question and obligated it to find the fact
and report it's opinion thereupon.'
AS to the general obligation on the
; +n dot orr, 10 Of