Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-01-30
Says His Blockade Was
Effective and Victo-
IA
~ Was His
Own.

dent abOut a week ago. The depart
ment's Comment viii be published
n a day or two
Admiral Schley appeals 10 the presi-
dent as the chief executive and COM
rnander in chief OF the army and navy.
vested with power TO regulate and d.
rect the acts OF the several executive
officers thereof and he asks that the
president 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
10 the majority report.
These three grounds are set out COM
pendiously In the petition which fills
about eight printed pages OF a PAM
phlet and Is signed by Admiral Schley
and Messrs. Raynor, Parker and
league. OF his counsel. Attached
10 the petition are three exhibits.
up OF copiOus extracts from the testi-
mouy taken BY the court OF inquiry
and Intended 70 confirm the statements
~ facts made in the petition Itself.
IN this latter document. the first
ground OF appeals Is the holding OF
Secretary Long in his endorsement on
the courts findings that the conduct
OF the court In making no finding and
rendering no opinion on those questions
Chat OF command and OF credit for the
victory Is apprOved-indeed. II could,
with propristy. take no other course,
evidence on these questions during the
inquiry having been excluded BY the
court" on this point the petition says
that the secretary OF the navy was In
error IN stating that the court eXlu-
ded testimony 20 show that as Dewey
said. Schley was the senior officer In
the battle OF SantiaEos was in absO-
lutte command and entitled 10 the cred
IL due for the glorious victory which
resulted N the total destruction OF
the Spanish ships. On this point the
petition says:
And your petitioner. the applicant
before said court Of inquiry now files
with this petition an argument. to-
Eether with a resume of the testimO-
ny taken during the inquiry in so far
as Il related 20 the question as 10 who
was I'm command at the battle OF San
tiago. IN support OF Ets plea that the
presiding member Of the said court
acted within his authority and juris-
dicrion in reporting his opinion as
herelnbefore set forth. and that the
majority members OF the said court
failed IN the discharge OF a most i'm
porfant duty devolving upon them IN
der the precept. IN that they did not
report their opinion upon the said
question: that II was incumbent upon
such minority members to consider.
and determine the said que7.Ion for the
reason that only by 50 ooing couid
they determine the propTiety OF the
conduct OF the said Schiey In said hat
tie. since Il being a fact that he did
assume command of the American
forces therein engaged. his action
would. in the absence OF the right and
duty 50 to do. have been highly CEN
surable. and upon the questions OF
such right and duty and the propri-
ETY. Of his conduct in the premises the
said Schley was entitled. under the
precept. TO a finding and an opinion
from the majority members as from
the minority members Of the said
court: and your petitioner respect
fully requests that the said argument
and resume Of testimony (Which are
attached hereto and marked Exhibit
A be considered as a part OF his pc
tition and as the basis for his prayer
for relief I'm the premises"
Therefore. the petitioner asks the
president 10 annul Secretary Longs
endorsement on this. point. and that ne
specifically approve Admiral Dewey's
statement declaring that Schley was
in command. He says that only I'm this
way can exact justice be done him IN
der the precept.
Did Not Withdraw at Night.
The second ground relates TO the al
legged withdrawal Of the separation at
night from Santiago bay and the char
acter of the blockade and the propri-
ety Of Commodore .SchIey's conduct in
the premises. This was one OF the
points upon which Admiral Dewey
specifically dissented.
The petition recites the findings OF
the court 10 the effect that the hvfng
squadron did not withdraw at night
and declares that BY this statement
the court obviated the necessity OF
expressing its opinion as to whether
or not close or adequate blockade
was established and the propriety OF
Commodore Schley's conduct in the
premises
II is declared that under this speci-
fication-the eighth-more than a ma
tortty OF all the witnesses were exam
ined and about one-third OF the whole
period OF the inquiry was consumed in
its consideration. yet ''notwithstand-
Ing the facts herein set forth al OF
which appear upon the record OF the
said court. the members thereof have
failed utterly and entirely 70 discharge
the most important duty imposed upon
them BY the terms OF the said specif-
cation. which duty was 10 report their
opinion upon the questions OF whether
or not close or adequate blockade OF
said harbor 20 prevent the escape OF
the enemy's vessels therefrOm was es-
tablished and the propriety OF Commo-
d0re Schley's conduct in the prem
fses-"
Therefore Admiral schIey asks the
president 10 annual the secretary's en-
dorsement which makes valid the
failure Of the majority members there
OF 70 report their opinion upon that
portion OF the said eighth specification.
And II r. also asked that there be sub
stituted therefor Admiral Dewey's
holding. The blockade OF Santiago
was effective" otherwise the petitioner
declares he viii be without a finding
or opinion upon one OF the most i'm
p0rtant specifications.
There Was No Delay.
The third ground recites Admiral
Dewey's opinion 20 the effect that:
The passage from Key West 20 Glen
fuegos was made by the flying squad
ron with all possible dispatch having
IN view the importance OF arriving on
Ctenfuegos with sufficient coal: that
the blockade OF CIenfuegos was effect
I've; that the Adula was permitted TO
gain Information and finally that the
passage from CIenfueg0s 10 a point
OF Santiago was made with as much
dispatch as possible. while keeping the
squadron unit
The petition declares that this oaIn-
lou. being az variance I'm certain points
with the majority opinion. e The only
one justified by the evidence and facts
before the court. and il is asked that
the secretary's approval OF the ma
torlty findings be set aside and annuII-
- - A.
ancs with Admiral Dewey's opinion