A Legal View of the Schley Inquiry. tion of command, but subjected his whole case to a private examination and to a more summary treatment. Yet the remarkable fulness of the President's review and the im partiality of its spirit prove an openness of mind which adds force to his distinctions be tween military law and popular views of the situation. He has lifted even the popular discussion out of the mere wrangle about glory. Although the President's memoran dum is adverse to the applicant upon most points, it improves the legal position of the applicant and of the dissenting member of the court by treating respectfully the ques tion of sufficient expedition because of sail ing in squadron which was raised by the dis senting opinion. The President says: "I feel that there is a reasonable doubt whether he did not move his squadron with sufficient expedition from port to port." The President also gives to the applicant a credit which, although critically guarded, is very different from the abuse on account of which Rear -Admiral Schley applied for the inquiry. The President takes no notice of the state ment in the letter to him dated February 6th, 1902, by the counsel for Admiral Sampson that we are confident that an attempt to pronounce an adverse judgment where a hearing has been denied is so plain a viola tion of simple good faith that it has no chance of receiving your approval." This bold at tempt to prevail against a member of a mili tary court by an allegation which would hardly be ventured against a judge of a civil court, except with a view to his impeach ment, and the fact that it has been simply ignored by the President, illustrate the ex treme informality to which a court of inquiry may lead by its inconclusiveness. The Presi dent's silence concerning such an allegation is distinctly military as well as politic. It also tends to sustain the authority of a dis senting member to act arbitrarily under mili tary Nevertheless, law. the counsel for Admiral
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Sampson, although not permitted by the court of inquiry to make any statement before the court, succeeded in having their statements in writing received and recognized by the Secretary of the Navy, and received, pending the appeal, by the President of the United States. The President treated their eminent client's claim as res judicata, and his despatch charging Commodore Schley with "reprehensible conduct ".as so late as to suggest condonation if not laches.1
'CERTAIN DETAILS CONCERNING THE EXCLUSION OF ADMIRAL SAMPSON. The rulings above mentioned in the case of General Howard may help the reader to appreciate the proportion which necessary authority over an army or navy bears to the claims of individual members of either branch of the service in military courts, and may throw light upon some of the following proceedings in the case of Rear-Admiral Schley. They are not exhaustive, but are given to indicate the methods used. Mr. Rayner asked questions as to the time when the Spanish vessels went ashore, say ing, when asked, that he did so to show the position of the "New York," Admiral Samp son's flagship, on the day of the battle. After a discussion this line of questions was 1 Their letter ran as follows : "30 Broad St., New York Citv, Feb. 6, 1902. "Hon. Theodore Roosevelt, President of the United "SirStates,
- We beg leave as attorneys for Rear-Admiral
W. T. Sampson, and on his behalf, to submit the follow ing statement in connection with the petition of RearAdmiral W. S. Schley, asking relief from his condemna tion as reported by a Court of Inquiry and approved by the Secretary of the Navy. . . . [Here followed a forcible statement of their claim ] "We have no desire to prolong this controversy. We only ask that before there shall be a finding adverse to Admiral Sampson, either by the President, the Courts, or the Navy Department, that he be given the opportunity which has been given to Admiral Schley to present such evidence as may make both sides "Very of the respectfully, matter clear. "Stavton & Campbell and "E. S. Theall, "Counselfor Rear-Admiral W. T. Sampson"
