The Weather Today; Rain or Snow. The News and Observer. VOL. LI. NO. 137. Leads ail Month Carolina Dailiesin Mews and Circulation THE PRESIDENT’S REPLY TO THE APPEAL BY SCHLEY As to tile Question of Who Was in Command He Decides in Favor of Sampson. THE CAPTAINS’ KEPORTS OF THE BATTLE To These Roosevelt Refers* as the Proof. HE SAYS ir WAS A CAPTAINS' BATTLE And Th&t Neither Sampson Nor Schley Issued Any Order Daring the Fight That Had Any Influence in Shaping the Besult. White House, February 18th, 1902. I have received the appeal of Admiral Schley and the answer thereto from the Navy Department. I have examined both with the utmost care, as "well as the pre ceding appeal to the Secretary of the Navy. I have read through all the tes timony taken before the court and the statements of the counsel for Admirals Sampson and .Schley; have examined all the official reports of every kind in ref erence to the Santiago naval campaign, copies of the logbooks and signal books, and the testimony before the Court of Claims, and have also personally had be fore me the four surviving captains of the five ships, aside from those of the two admirals which were actively enga ged at Santiago. lc appears that the Court of Inquiry was unanimous ir. its findings of fact and unanimous in its expressions of op*n- Jon on most of its findings of fact. No ap i eal is made to me from the verdict, of the court on these points where it was unanimous. I have, however, gone care fully over the evidence od< these points alsd. I am satisfied that on the whole the court did substantial justice. It should have specifically condemned the failure to enforce an efficient night block ade at Santiago while Admiral Schley was in command. On the other hand, 1 feel that there is a reasonable doubt whether he did not move hit? squadron with suf ficient expedition from port to port. The °°urt. is a unit in condemning Admiral Schley’s action on the point where it seems to me he most gravely erred; his “retrograde movement” when he aban doned the blockade, and his disobedience of orders and misstatement of facts in relation thereto. It should be remem bered, however, that the majority of these actions which the court censures occurred five weeks or more before the fight itself; and it certainly seems that, if Admiral Schley's actions were censurable ho should not have been left as seeotud in command under Admiral Sampson. His offenses Vere in effect condoned when he was not called to account for them. Ad miral Sampson, after the fight, in an official letter to the Department allulded for the first time to Admiral Schley's “reprehensible conduct” six weeks pre viously. If Admiral Schley was guilty of reprehensible conduct of a kind which called for such notice from Admiral Sampson, then Admiral Sampson ought not to have left him as senior officer of the blockading squadron on the 3rd of July, whep he (Samppon) steamed away on his proper errand of communication with General Shatter. We can therefore for our present pur poses dismiss consideration of so much of the appeal ns relates to anything ex cept the battle. As regards this, the point raised in the appeal is between Ad miral Sampson and Admiral Schley, as to which was in command, and as to which was entitled to the credit, if either of them was really entitled to any unusual and pre-eminent credit by any special ex hibition of genius, skill, and courage. The court could have considered both of these questions, but as a matter of fact it unanimously excluded evidence of fered upon them, and through its Presi dent announced its refusal to hear Ad miral Sampson’s side at all; and in view of such exclusion the majority of the court acted with entire propriety in not expressing any opinion ou these points. The matter has, however, beeu raised by the president of the court. Moreover, It is the point upon which Admiral Schley In his appeal lays moat stress, and which he especially asks me to consider. I have therefore carefully investigated this mat ter also, and have informed myself upon it from tho best sources of information at my command. The appeal of Admiral Schley to me ' ' i not, as to this, the chief point he raises, really an appeal from the decis ion of the Court of Inquiry. Five-sixths of the appeal is dfivoted to this question of command and credit; that is, to mat ter which the Court of Inquiry did not consider. It ie in effect an appeal from the action of President McKinley threo years ago when he sent in tho recom mendations for promotion for the various officers connected with the Santiago squadron, basing these recommendations vpon Ins estimate of the credit to which the officers were respectively entitled. What I have to decide, therefore, is whether or not Prsident McKinley did in justice in t!ie matter. This necessarily involves a comparison of the actions of the different commander* engaged. The exhaustive official reports of the action leave little to be brought out anew; but as the question of Admiral Sampson's right to be considered in chief command, wmch was determined in his favor by President McKinley, and later by the Court of Olaims, h*s never hitherto been officially raised, I deemed it beat, to secure statements of the commanders of the five ships (other than tin* Brook lyn and New York, the flagships of the two admirals) which were actively en gaged in the fight. Admiral Philip is uead. I quote extracts rrom his maga- . zino article on the fight, written imme- I uiately after it occurred; closing with an extract from his letter to the Secre tary of the Navy of February 27, IVjO: I “it was the blockade that made the battle possible. The battle was a direct consequence of the blockade, avid upon the method and effectiveness of the block ade was very ’argely dependent tho issue of the battle. * ** Under the orders of Admiral Sampson the blockade was conducted with a success exemplified by the result. * * * When the Spanish Admiral at last made his dash to escape, Wc were ready—ready with our men, with our guns, and with our engines. * * * It was only a few minutes after we had seen the leader of the advancing squadron that it became apparent that Cervora’s plan was to lun his shins in columns westward in an effort to escape. * * * Before he had faiily found himself out side the Morro the entire blockading squadron—lndiana, Oregon, lowa, Brook lyn, and Texas —was pumping shell into him at such a rate as vii tunllyito decide the issue of the battle in the first few moments. All our ships had closed In simultaneously. * * •» Then ocurred the incident which caused me for a mo ment more alarm than anyihing Cervera did that day. * * * Suddenly a whiff of breeze and a lull In the firing lifted the pall, and there bearing toward us and across our bows, turning on her port helm, with big waves curling over her bows and great clouds of black smoke pouring from her funnels, was the Brook lyn. Site looked as big as half a dozen Great Easterns, and seemed so near that it took our breath away. ‘Back both engines hard!’ went down the tube to the astonished engineers, and in a twink ling the old ship was racing against her- i self. The collision which seemed iimni- I nent, even if it was not. was averted, and as the big cruiser glided past, all of us un the bridge gave a sigh of relief. Had , the Brooklyn struck us then it would probably have been the end of the Texas and her half thousand men. * * * At, ten minutes to 10 (the Spanish ships had appeared at about 9:30 * * * the lowa, Oregon, and Texas wen* pretty well bunched, holding a parallel coarse west ward with the Spaniards. The Indiana was also coming up, well inside of all the,others of our squadron, but a little in the rear, owing to her far eastward position at starting. * * * About a quarts-r past 10 the Teresa, which had been in difficulties from the moment she left the shelter of the Morro, turned to seek a beaching place. She was on fire, and we knew that, she was no longer a quantity to lie reckoned with. Five min utes later our special enemy, the Oquen do, also turned in shore. * * * The | Viscaya kept blazing away viciously, but the pounding she got from our four ships, more particularly the Oregon, was too much for her, and in half an hour she too headed for the beach. * * * I determ ined to push on with the Texas. * * * It gives me pleasure to be able to write that, old ship as she is and not built for speed, the Texas held her own and even gained on the Colon in that chase. * * *” , •‘Admiral Sampson was Commander-in- I Chief before, during, and after the ac tion.” , Captain Clark’s statement is as fol lows: ‘ The credit for tho blockade which led jp to the light is of course Admiral Sami sou’s The position of the ships on the morning of the fight in a semicircle head-on to the harbor, in consequence of which we were able to close in at once, was his. In closing in, that is, In making the first movements, we were obeying his instructions: though as a matter of fact I we would all have closed in any way, in structions or no instructions. When the I Spanish ships came out of the harbor the navigator of my ship saw the New York to the eastward, but I received no sig n'd of any kind from the New York dur i’M the action, nor was she near enough to sigual directly to me until after the Colon surrendered. “The engagement may be said to have been divided into three ports: First, the fight proper, while the Spanish squadron was coming out of the harbor and until it was clear of the Diamond Shoals and definitely headed westward- second, the running light with the already damaged vessels as they fled westward, until the Teresa. Oquendo, and Viscaya rau ashore: f, and, third, the chase of the Colon, dur ing which there was practically no fight ing. During the first stage I did not see te Brooklyn or receive any signals from her. At the close of this stage the Ore- . gen had passed the lowa and Texas, and i vh*.n v.o burst out of the smoke I saw tim •’our Spanish ships going west appar- ' ently uninjured, and followed hard after, at tho same time observing the Brooklyn . a little ahead and offshore. She vras broad- i RALEIGH. NORTH CAROLINA. THURSDAY MORNING. FEBRUARY 20. 1902. side to the Spanish vessels ani was re ceiving the weight of their fire, and was returning it. The Brooklyn and the Ore gon thereof ter occupied substantially these positions as regards each other, be ing about equidistant from the Spanish ships as wo successively overtook them, except when the Oregon attempted to | close with the Oquendo. The heaviest fighting was at the harbor mouth and while the enemy was breaking through or pass ing our line. Not long after tho running fight began the Teresa and then the Oquendo turned and went ashore, the Viscaya continuing for some distance farther before she also was beached. Tnroughout this running fight the Brook lyn and Oregon were both hotly engaged, being ahead of any of our other ships, and wo then constituted the western and what I regard as the then fighting divis ion of our fleet. I considered Commodore Schley in responsible command during this running fight and chase so far as 1 was concerned, and acknowledged and repeated a signal h,e had flying, for close action or something of the kind As, however, the problem was perfectly sim pde, namely, to pursue the Spanish ships as I had been doing before I saw the Brooklyn, he did not as a matter of fact exercise any control over any movement or action of the Oregon, nor did 1 per form any action of any kind whatever in obedience to any order from the Brook lyn, neither as to my course nor as to my speed, nor as to my gun file, during the fight or chase. ) "The Oregon always had fires under all boilers. In spite of the speed shown by the. Oregon in this fight she had net been I and is not classed as te fastest ship; but during ali her service, in order that no scale should fonn in them, not one of our boilers was used for condensing, though the resulting discomfort for all hands was an additional hardship for her commanding officer." The following is Admiral Evans’s state ment: “The credit for the blockade, fer the arrangement of the ships at the opening of the fight, and for the first movements forward into te fight must of course be long to Admiral Sampson, whose orders we were putting into effect. When the fight began Admiral Sampson's ship, the New York, was in plain sight. 1 saw her turning to overtake us. Throughout the fight I considered myself as under his command, but 1 received no orders from him until the Viscaya was aground. Nor did I receive any orders whatever from the Brooklyn, nor should I have heeded them if I had received them, inasmuch as I considered Admiral Sampson lb lie present and tn command. ' Tiie heavy fighting was during the time when the Spanish vessels were coming out of the harbor and before they had stretched fairly to the westward. When th°y thus stretched to the westward we all went after them withou orders—of course we could do nothing else. Until the Teresa and Oqucudc fan ashore the lowa was close behind the Oregon and ahead or the Texas, and all of us were firing steadily at the Spanish ships. The Texas then recovered her speed—for she was dead in the water after having backed to avoid the Brooklyn when the Brook . lyn turned—and she vent ahead of the j lowa. Dolly of us continued to fire at the Viscaya until she went ashore. Then 1 stopped, but the Texas followed the Brooklyn and the Oregon after the Colon. I “When the battle began the New York vyas not much farther to the eastward of me than the Brooklyn was to the westward. After the Viscaya had grounded the New York overtook me and signalled me to return to the mouth of the harbor to prevent any other Span ish ship from coming out aud attacking the transports. I received no signals of any kind from the Brooklyn. All we had to do was to close in on the Spanish squadron as it came out of the harbor, in obedience to the orders of Admiral Sampson, and then, when the heaviest fighting was over and the Spanish ships were trying to escape to the west, to follow them—and of course there was nc signal necessary to tell us to fullow a fleeing enemy. I “The machinery of the lowa was not in condition to get the best speod, thotlgh every effort had been made to make ,it so. Her cylindr heads had not been off for more than six months, owing to the service she was performing. Her bot tom was very foul, as she had uot been docked for a period of seventeen months- The Indiana was unavoidably in even worse shape. | “The New York had left the blockad ing line flying the signal ‘Disregard the* movements of the Commander-tn-Chief,' a signal frequently made, aud well un derstood by the entire fleet- It did not transfer the command- No signal was made for the second in command to as sume command of the fleet, which was usually done by the Commander-in-Chief before reaching the limit of signal dis tance when he proposed for any reason temporarily to relinquish his command to the next ranking offleer.” The following is Amiral Taylor’s state ment: I “At the beginning of the fight the New York was about as far to the east ward of me as the Brooklyn was to the westward. The only signal I received from the New York was at the close of the fight, when she signaled to me to return and guard the mouth of the har bor so that nothing could come out to attack our transports. I received no signal whatever from the Brooklyn, and should not have heeded any if one had boon made, as I considered Admiral Sampson present and in conunaud. From her position the Indiana took full part iu the actual flght as the Spanish ships came out of the harbor. Whet; they ran to the westward the Indiana fell behind, but continued firing at them and at the torpedo boats uutij all but the Colon were sunk or beached. I saw the Brook lyn turn and run out seaward, seemingr ly over a mile, about the time the rear one of the Spanish ships turned to the west; If instead of making this loop the Brooklyn bad stood straight in towards , (Continued on page five.) THE AMERICAN LION i AND FILIPINO LAMB Benevoljnt Assimilation Will Give Leo a Dinner. SODtCLARES MR.TILLMAN The Debate Continues on the Philip pine Tariff Bill. BURROWS SPEAKS FOR, MONEY AGAIMST Tillman Points Out the Difference Between De mocratic Expansion and Republican Subjugation. He Has a Tilt With Lodge. (By the Associated Press.) Washington, D. C., Feb. 19.—The Sen ate continued the consideration of the Philippine Tariff Bill today, the main speeches being made by Mr. Burrows, Mich., fro the bill and Mr. Money (Miss.) against it, although Mr. Mitchell (Ore gon); Mr. Foraker, Ohio; Mr- Mallory, Fla.; aud Mr. Tillman, S- C., all took more or less part in the general debate on the subject. A resolution offered by Air. Tillman, (S. C.), was adopted ing the Civil Service Commission to transmit to the Senate a statemen show ing the apportionment of the employes in the various departments of the Gov ernment from the several States aud the District of Columbia, together with the percentages of employes iu the depart ment. Mr. Burrows said that Congress now was dealing with Philippine questions as they were found today, aud uot as they had been in the past or might be in the future. He felt that the nation was con fronted by a condition and uot by a the or y. , * “Wo hold,” said he, “the Philippine Islands by a title that cannot be chal lenged by any court in Cristendom. We have become responsible for them to tne nations of tho world. The pending bill simply provides revenues sufficient to ireet the needs of the Government of the Philippines-” While Michigan Senator was read ing the proclamation of President Mc- Kinley, known as the “benevolent as similation” proclamation, Mr. Tillman interrupted to inquire if he contended that the President had authority to issue that proclamation. “No doubt of it.” replied Mr. Burrows. While the treaty had not been ratified, he said, tho President had ample au thority to issue such a proclamation is a guide-to the military commander iu the Philippines. “In other words,” suggested Mr. Till man, “although that proclamation so duleously ignored the political status of the Filipinos, It was expected that the nine millions of people would ac::ede to its provisions.” Mr. Culberson Interrupted to say that the proclamation was considered so ex treme that a part of it was suppressed by General Otis. Mr. Burrows declined to be diverted further from his argument by Air. Till man, as “tho question of the Senator trom South Carolina evidently are uot intended to illuminate the subject.” Mr. Burrows contended that while the Filipinos desired a good government, they did not, as a whole, desire independence, because it was realized by the best in formed of them that an independent government in the archipelago was neither practicable nor desirable. The I ilipinos, he asserted, were not prepared elilier by education or experience, for Independence and could not maintain it if it were granted to them. • Mr. Mallory, Florida, declared his op position to the principles underlying tho 1 Ponding measure aud to the specific pro visions of the bill, lie made an argu ment in support of his proposed amend ment to the bill, which he said, was de signed to make it conform to certain principles of navigation that have beeu in operation for many years. Mr. Mallory’s amendment provided in brief that the navigation laws of the United States, suitably modified, should be applied to traffic between the United States and the Philippines and among the islands of the archipelago. .'.le maintained that the proposition of the majority to admit foreign ships to our coastwise trade was so great an in novation that it ought not to be consid ered lightly. Mr. Mallory did uot want to embarrass the shipping on the Pacific, so he had fixed, in his amendment a limit of time during which foreign ships should enjoy participation in the Philippine trade. That limit was July l, 1903. After that time, according to his amendment, the Initei States navigation laws would ap ply to the Philippine trade absolutely. Air. Mallory maintained that Congress should coutrcl th Navigation trade be tween the Philippic and the United States and the trade among the island/ themselves and uot tho Philippine Com mission. If his amendment wi-jre adopted it would do away with some of the se rious objections to the proposiitioo of the majority. As it stood that was a ujeasura in trinciple and unwise in policy but if his amendment were adopted the majority proposition would at least be rendered j somewhat better. I Mr. Tillman presented a number cf } public documents, as he said, in refuta tion of statements made by Air. Burrows in hi saddress earlier in the day. These papers generally bore upon the treatment 1 by tho United States of the inhabitants of newly acquired countries and were in tended to show that they have in the j past been received as citizens. He laid j especial stress upon the difference of the | circumstancS 'connected with the acquisi tion of Louisiana and those connected with the acquisition cf the Philippines. The former he characterized as Demo cratic expansion and the latter a3 Re publican subjugation; Speaking of the Philippines, he said that our conduct in those islands had been so Infamous that it should cause a blush of shame to mantle the cheek or every American. Quoting. President McKinley’s announcement that we must pursue a method -.of “benevolent assimilation oi file Filipinos, Mr. Tillman said that tho assimilation which had been practised could be contrasted to nothing so well as the parable of the lamb and the lion. It would be found, he said, when they should get up that the lamb would be inside the Hon. He spoke of the effort of building up American schools in the Philippines as “mawkish sentimentality.” sayiug that, the system could be of no avail in view of the fact that the teachers sent over know nothing of the language of the Fili pinos and the Filipino® nothing of the English language, aud yet, he said, this is the system advocated by the oleaginous Senator from Michigan, and presumably endorsed by his constituents, tho people of Michigan.” Taking this to be the position of the State, be exclaimed, may God have mercy on their pusillanimous souls. Mr! Money, Mississippi, replied to some points in the speech made by Mr. Mitchell a few days since. The important question was not what should be done for the Filipinos, con tinued Mr. Money, but what should be done for our own people. Our position is. be argued, liable to bring on war with other nations at any time, when the $1,500,000 per week expenditure of the present time would bo vastly increased. We should get rid of the islands in our own interest, Mr. Money weut on, and especially for the purpose of eradicating from our country and the practice ou the part of Congress of conferring autocratic powers on the executive. “We will find before we terminate this experiment.,” he said, “that the saddest day of our history, is the day that we signed the Spanish treaty.” Itepjyiug to Mr. Tillman, Mr. Foraker saiTaTnTT>eople of Louisiana had not beeu allowed to elect a governor or the judiciary or that Territory, and that the, government established in the Philip pines Is far more liberal than the govern ment established in Louisiana by Jeffer son and the Democratic Congress of that day. Interrupting Mr. Tillman, said the President appoints the governors of all Territories, and admitting this, Mr. For aker said that no more authority is re quired now in the case of the Philippines. This statement led Mr. Tillman to say that Congress had granted no authority for such appointment. | “The Governor of the Philippines is the governor by appointment,” said Mr Foraker in reply, “and he is as much governor as Mr. Claiborne was governor of Louisiana under Jefferson’s appoint ment.” | Messrs. Tillman and Money called at tention to the fact that Claiborne’s nomi nation had been confirmed by the Senate, while no such confirmation had taken place in i he case of Governor Taft.” Proceeding, Mr. Foraker said that neither iu the case of Louisiana nor the Philippines liad the people been bought when the territory became part of the United States, and there is, he continued, no more attempt to govern the people of the Philippines without their consent than there was in the case of the people of Louisiana. Messrs. Tillman and Carmack made the point that an early promise of state hood had beeu made iu the case of Louisiana. WORK THAJ TELLS Results of W- W- Kitchin’s IfForts For Oxford and Greensboro, (Special to News aud Observer.) Washington, D. C., Feb. 19.—0 n ii;om meudation of. Representative W. W. Kit chin, the Postoffice Depaitment has j agreed to lease the Odd Fellows’ build ing at Oxford for the postoffice for five years. Air. Kitcbin has also secured a hearing by the House Committee for the Greensboro Public building Enlargement Bill on the 28th. j The House Republicans put in consid erable time today iu trying to answer | Pou's speech of yesterday. I A NovJ Suit. Cases of Measles. (Special to News aud Observer.) Durham, N- C.. Feb. 19.—A novel suit was ttrhave come up before ’Squire D. C. Gunter thin morning at 10:2u o’clock, but before going into the trial the war rant was withdrawn by the plaintiff j Mr. C. E- Jordan had been advertising 'in the paper tomatoes at ten cents per can. Mr. W. B. Guthrie wanted to buy several cases at this price. Air. Jordan would only sell him one can at this price, selling the others at fifteen cents. Then followed the suit, the purpose be ing to test the matter as to whether a newspaper advertisement is an open contract to ho public, or whether a mer chant can refuse to sell goods at the price he has advertised them. • Sixteen persons in the families of J. A- Adams, Alphonso Smith and Alvis Jor dan. Jiving on Wilkcr son Avenue, arc with measles. PRICE FIVE CENTS. SUDDEN DEATH DF GENERAL T.F, TOON State Superintendent of Pub lic Instruction- YESTERDAY AT IEN A. M. Ihe Governor and State Officers Pay Tributes to His Memory. RESOLUTIONS ADOPTED BY THE COUNCIL It was the Wish of the State Officers That the •Body Shou'd Lie in State in the Rot unda ts the Capital Until the Funeral. All Raleigh was shocked yesterday morning by the announcement of the sudden death of General Thomas F. Toon, State Superintendent of Public Instruc tion. It was wholly unexpected, as the General was considered to be almost en tirely recovered from his long illness, and in fact had gone out for a short ride on last Friday. Just Tuesday night lie had remarked to Mr. Duckett, the chief clerk in the office of the department, that he expected to be at his desk and at work in a very few days. Yesterday morning General Toon arose about eight or half past, feeling unusually CEN. T. F. TOON. strong and bright. After eating quite a hearty breakfast, he was seized with an attack of acute indigestion. l>r. James R. Rogers was immediately summoned > and quickly relieved the sufferer. Gen eral Toon then lay down on the bed to rest, and had hardly reached a recum bent posture when his color changed and in a few minutes he had breathed. his last without having spoken another word since he said he thought he would lie down, although he was feeling very much better. ' The physician in attendance said that heart trouble wus the immediate cause of death. Mrs. Toon was with her husband when he passed away. All the members of the immediate family were sent for. and some of them arrived here late last • night. It is almost exactly three months since General Toon left his office to go on a trip in the interest, of education through Hyde and Beaufort and several Eastern counties. He started on No vember 20th and went to Washington, N. C., where he made a speech in a none too well ventilated hall, and sat in a draft, warm from the exertion of speaking. A severe cold ' was the re sult, which developed into pneumonia. The General was brought home a very ill man, and lingered for weeks between life and deatfy. He finally rallied some weeks ago, and was regaining his strength and vigor at a rapid rate, when he was suddenly cut down. Capt. Duckett yesterday, speaking of that trio' to the East, said the General left the office with some forebodings, telling bin; that he did not want to take the trip, and saying that if there were any way to get out of it, he would do so. LIFE OF GENERAL TOON. Thomas Fentress Toon was born in Columbus county on June 10th, 1840. HU father was Anthony F. Toon, Esq., of Irish and Welsh extraction, and bte mother was Mary McMillan Toon, daughter of Ronald McMillan, of Scot land. His early boyhood was spent on the farm. Later, he attended Wake Forest College. While a student there, on May 20th, 18C1, he enllstd as a private in the Columbus Guards No. 2, a com pany raised by half-brother, Captain William H. Toon, who was afterwards Major and Lieutenant Colonel of thu Twentieth North Carolina Regiment. After enllstmeut he returned to Wake Forest College and was graduated In June, 1861. On the 17th of that month, he was elected First Lieutenant of hia company. He wras chosen Captain on July 22nd, 18C1, to take the place of Capt. W. H. Toon, w-ho had been elected Major. On February 2Stb, 18C3, he was elected Colonel of the Twentieth North Carolina Regiment. He was appointed a Brigadier General on May 31st, 1864, and on June dtli, was assigned to com mand of Johnstou'e North Carolina Brig ade. He followed the fortunes of Lee. Jackson, Gordon, Early and Ew r ell In all (Continued on Page Five.)