The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-30
ception filed with the Secretary of the

ception filed with the Secretary of the
Navy.
1t is also asked that the President annul
that portion of the Secretary's endorse
ment which states, AS TO points III Wiich
the presiding member differs from the
opinion OF the majority of the court the
opinion OF the majority is approved and
that in place he substitute and approve
the declaration of Admiral Dewey on these
points above referred to connected with
the se from Key West to Clenfuegos
and thence to Santiago
ASKS EXACT JUSTICE.
The petition concludes: And Your Pc
titioner most respectfully states that only
by the action for which he prays III TINS
relation can exact justice be done MN,
within the contemplation of the precept
under which the said court sat ana
whence it DERIVED its authority, all OF
which is most respectfully submitted.
Exhibit "A'' is an argument and resume
Of testimony concerning the question OF
command during the battle of Santiago.
It is stated that the precept and lnstruc-
tons directed the court TO thoroughly
inquire into all the circumstances bearing
upon Schey's conduct and the subject OF
the Investigations and it is argued that
under the general, as well as under the
specific, authority the court had full pow
err to investigate and was not required 10
limit the inquiry to Schley's conduct IN
connection with the specific dlrecuons
contained in the precept. 1t is declared
that it did actually investigate under THIS
general authority certain details OF his
conduct outside the specific 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. Ii
is also declared that the record of the
court shows that Sclley did actually eX-
ercise the powers and assume the re-
sponsibilitieS of command over the Atnefl-
can forces i'll the battle, and II he qua
this in the absence of any right to 90
so then un6er the naval regulations his
conduct would have been grossly lnsuo-
ordinate and calculated to weaken the
lawful authority Of his proper command
ing officer, and he would have been
highly CenSurable and should nave peeli
SO held by the court
1t is further stated that the court 1t
self did not deny its right to inquire INTO
this subject of command and that the
Secretary of the Navy never old, his
disapproval of Dewey's declaration pc
ing based .'solely upon erroneous state
in relation thereto.
QUESTION OF COMMAND.
The counsel then takes UP the question
of fact as to whether the court did actual
ly entertain and consider the question CT
command, and to determine this point they
submit Il great number of excerpts from
the official record of the court
AS TO the general obligation on the
court to determine the question of CON-
m2nd. the counsel declare that they
should have done So because '.tlle
question llSS never been considered and
determined by a body of competent juris-
diction having before it all the facts aud
all the parties interested. That 4 doubt
is existing as to who WIS actually in COM
inand at battle OF Santiago, there arose IN
the navy of the United States and among
the people at large q controversy over
this point, which controversy without
being instigated, fostered or counte-
nanced by you, petitioner has waSed for
more than three years to the great detri-
,nent of the good of The service and to
The hurt of those most concerned in the
said question.
THAT in the course OF the said con-
trcversy your petitioner was made the
object Of mos unjust accusations, at
recting his personal and public character.
which accusations were inspired by those
l D
command ut said battle and owing to
the said accusations the petitioner has
suffered much injury.
yICToRS NOT REWARDED.
THAT tie said controversy brought
about a condition which resulted IN all
those persons present and participating
in said battle being denied the rewards
which a generous country Is disposed u
grant those who serve it well III war;
..That the said controversy can only
IL terrnined and justice done to those to
whom, Justice is due upon the rendition by
u body of competent jurisdiction havins
before it all the facts and parties con
cerllcd, of the decision upon the question,
which decision shall he final and con-
elusive.
"1ilat such a decision will result in
The betterment OF the service by closing
u tieplorablc controversy which now di-
yides the service into hostile factions;
that further, such decision Will per-
| petlatc in history the true facts sur
| rounding one OF the greatest naval con
| ;iicts of modern times and one OF the
| greatest naval victories ever achieved
| by this country.
IN ABSOLUTE COMMAND.
Counsel next takes UP The question o!
| the property and justice or Dewey
| opinion that Commodore Schley was II
| absolute command in the battie OF San
| ;iagc and is entitled TO the credit OF tho
glorious victory, and quotes MANY eN,
erpts FROM the testimony to establish
| lie correctness OF this conclusion. ltsis
recited that Sampson sisnalled to Dis
| regard motions OF chief"
| when he started eastward that morning
| thereby comforting command upon Schley
and the naval regulations arc cited al
| length On this point.
1t is asserted that the New York did
not reach the scene of the last surrender
of tho Spanish ships until one hour and