YALE UNIVERSITY LIBRARY 3 9002 06422 9264 Unfair treatraent of the admiral and the captains who dr. stroyed the naval power of Spain in 1896. a 'I give thfft Books p/M iAs faumlmg ef a. CeBegt oi./tCf Celof^" 0 'Y^ILIE«¥]MII¥EIESIIT¥'' Gift of Robert W. Neeser 1927 THF UNFAIR TREATMENT -OF— IK^iBMIRAL AND THE GABTAINS "WHO DESTROYED IN mM': OFM WHILE ^ll^gllEROIC'GOiMODORE AND^CAPmiNS WHO destroyj:d ;itE:PH|QtPpmE SQUADRON OF SPAIN Hii,yE;; RECfilVED ^HE HI^ST HONORS'CONGRESS CAN GIlEi BARllAlt!! A Mn.LEI|.I^RINT. CHIOAI», PETITION. TO THE PRESIDENT, AND THE CONGRESS OF THE UNITED STATES : \';'i' The undersigned, a citizen of the United States, humbly A " petitions that the thanks of Congress be given to Rear Admiral William- T. Sampson for his services and success as Rear Admiral ^*'**», in the war with Spain in 1898 ; and that he be made an Admiral by J Act of Congress, appointment and confirmation, in the manner ' ^^N..^ adopted for such promotion of Commodore George Dewey for his xs^'v.j^ services and success in that war. Edward Roby. PETITION. TO THE PRESIDENT OF THE UNITED STATES AND THE SENATE: The undersigned, a citizen of the United States, humbly petitions that the ofi&cers of the Navy of the United States who served on this side of the world in the war with Spain in 1898, who are deserving of advancement under Section 1506 of the Revised Statutes may be nominated for advancement, by the President, and confirmed by tbe Senate, so that their commendation and rewards respectively, shall bear the same proportion to their deeds, for which such advancements may be made, as the like commenda tion and rewards so given to Commodore Dewey and ofiScers of his squadron bear to their deeds for which they received such advancements. Edward Roby. LEclwarcJl^oliyll THE UNFAIR TREATMENT -OF- THE ADMIRAL AND THE CAPTAINS "WHO DESTROYED THE NAVAL POWER OF SPAIN IN 1898. TREATED AS UNWORTHY OF RECOGNITION WHILE THE HEROIC COMMODORE AND CAPTAINS WHO DESTROYED THE PHILIPPINE SQUADRON OF SPAIN HAVE RECEIVED THE HIGHEST HONORS CONGRESS CAN GIYE. Note. In the following communication reference is made to certain publications, namely : (i) Appendix to the Report of the Chief of the Bureau of Navigation, of the Navy Department, A. D. 1898 ; which on the back is labeled Naval Operations of the War with Spain. (2) Senate Documents, 55th Congress, 3d Session, Executive C and D and an added letter, which are bound together and paged through as pages i to 177. C being a letter from the Secretary of the Navy to the President of the Senate, with accompanying documents, — Ordered to be printed on February 8, 1899; and D being a letter of the Secretary of the Navy to the Chairman of the Senate Committee on Naval Affairs, and accompanying docu ments — Ordered to be printed February 20, 1899; and the ad ditional letter bearing date March 2, 1899. The whole having a title page as follows: Sampson-Schley. Official Communica tions to the United States Senate. (3) War Notes on the Spanish- American War No. VIII. Published by the Office of Naval Intelligence, Navy Depart ment, A. D. 1900; entitled, "The Squadron of Admiral Cervera, by Captain Victor M. Concas y Palau. Formerly Commander of the armored cruiser Infanta Maria Teresa, and Chief of Staff of said squadron in the naval battle of Santiago de Cuba. Vice- President of the Geographical Society of Madrid." Translated from the Spanish. The citations from this publication are generally given post as Concas p. 6- caa^.iG? Jp. v^ s (4) The Century Illustrated Monthly Magazine of March, May and October, 1899, in which the following articles are referred to: The Oregon's Great Voyage, by Lieutenant Eberle, page 912. The personal narratives of the battle off Santiago, namely : The Iowa, by Captain Evans page 50 The Indiana, by Captain Taylor " 62 The Texas, by Captain Philip " 87 The Brooklyn, by Captain Cook " 94 The Oregon, by Lieutenant Eberle " 104 The New York, by Captain Chadwick " iii The Gloucester, by Lt. Com. Wainwright " yy Cable Cutting at Cienf uegos, by Lieut. Winslow .... " 708 (S) Other references are to standard law books; cited in the usual manner. The hearsay, cited in this communication, while not compe tent in a court of justice, is public information, as well authenti cated as is usual for information to be, on which the people at large base their beliefs and political action. The houses of Congress have power to submit it to the tests. Either house (by its committees) can send for persons and papers, can administer oaths, can compel testimony, and by the most searching investigation learn the exact truth, as near as the frailty of human memory permits it to be preserved. The people on the spot (the naval officers and men) can be compelled to give the facts, under oath, if any one doubts the in formation referred to; and the members of either house of Con gress are fully competent to draw the proper conclusions from them. There has been a rumor afloat, that members of the Senate believed that Captain Sampson was given command of the fleets operating against Spain in the Atlantic, and of all the naval opera tions against Cuba and Porto Rico, because he was a pet of the President and Navy Department ; and that since the war the Navy Department have persecuted better men in order to turn to him honors which they ought to receive; and the rumor is that the belief is so widely diffused through the Congress, that it caused the Senate to neglect all nominations for promotion for eminent and conspicuous conduct in battle or extraordinary heroism which destroyed the naval power of Spain, in the Atlantic ; after giving the highest honors to those who destroyed the Philippine squadron of Spain. Withholding all honors from the deserving under the statute for promotion, because of a fault believed to exist in the depart ment at Washington, and proclaiming to the world that they have done nothing worth mentioning, while the officers of Dewey's fleet deserved and received the highest honors, is not right. Allowing a belief in the existence of such enormities in the administrative department (with all their dangers to the navy, the officers and men in it, and the cities, coasts and interests to be protected by it), to pass unnoticed, except by touting all the naval oiRcers who desefve promotion under the rule established by statute (Sec. 1506) and the promotions of the officers of Dewey's fleet, is not right. And if there is any such reason for utterly neglecting all the nominations made, and preventing the completion of the nomina tions by intimation that air such nominations (though deserving under Section 1506 of the Revised Statutes and by the principle of the promotions of the officers of Dewey's fleet) will be tumed down, the Congress owes it to the country, to the Executive De partment of the Government (thus impeached) and to the naval officers entitled to such promotions (unless such promotions are gifts only to be given to favorites of the Senate) to sift the, matter, and Hnd the truth. And if, on finding the truth, it shall appear that the vast campaign against Cuba and the Spanish fleet and the battle which destroyed the naval power of Spain were conducted by Admiral Sampson with an ability and courage equal to that of Dewey in his campaign; and results greater than the loss to Spain of an army of a million men, doubtless the justice of Congress will make the proper, though tardy recognition. THE UNFAIRNESS TO THE OFFICERS 'OF THE ATLANTIC SQUADRON. On the first day of May, 1898, the battle of Manila was fought on the other side of the world. On the seventh of that month the commanding officer was promoted to admiral and re ceived the thanks of Congress and a sword. On the second of June the officers commanding ships, and Captain Lamberton, who had no ship, were nominated for promotion from five to ten num bers, and were promptly confirmed by the Senate. And when the first session of the 55th Congress adjourned every officer and man of that heroic squadron knew that he, by the medals awarded and these advances, had been recognized among the nation's great, and that he held for life and to transmit to his posterity an acknowledgment and certificate of heroism from an appreciative country. For reference hereafter attention is asked to the fact, that, after the commodore, the highest advancements were given to the commanders of the smallest and weakest ships, and to a man with out a ship. Commander Edward P. Wood of the little gunboat Petrel of 892 tons and four guns, was advanced ten numbers; Commander Asa Walker of the gunboat Concord, of 1710 tons and six guns, was advanced nine numbers; Captain Benjamin P. Lamberton, who did not then command a ship, was advanced seven numbers, and Captain Nehemiah M. Dyer, who com manded the protected cruiser Baltimore, was advanced seven numbers. All these promotions, by numbers, were made pursuant to the Revised Statutes of the United States (Section 1506), "Any officer of the navy may, by and with the advice and consent of the Senate, be advanced, not exceeding thirty numbers in rank, for eminent and conspicuous conduct in battle, or extraordinary heroism." After a long peace, with ships and weapons untried in battle, too far away for any chance of succor or support, should any mishap fall, they acted; and the Congress inscribed their names upon the roll of fame, for eminent and conspicuous conduct in battle, or extraordinary heroism; and, honoring them, the Con gress honored every man who joined in achieving the victory. 8 Almost two years have elapsed since the close of the war, and those who met Spain's naval power nearer its home, have rested under the imputation, that the Congress deemed them, all, un worthy to be named as eminent or conspicuous in battle, or of extraordinary heroism, like Wood and Walker and Lamberton and the rest, who won their honors on that notable first of May. The First Naval Battle of the War. As commanders of the weakest and smallest ships received the highest promotion, for extraordinary heroism, or eminent and conspicuous conduct in the battle of Manila, our attention is turned to some of the lower grades of officers in the North Atlan tic squadron, who were in battle; because the first naval battle, of the war, was fought by two small ships of a mosquito division of the squadron under Commander Bowman H. McCalla. In this battle the Spaniards attacked twice. The first attack was on the Eagle, and brought on the first naval engagement afloat, of the war ; during which this small converted yacht of 434 tons, commanded by Lieutenant W. H. H. Southerland, armed with four six-pounders, and two small Colt's automatic guns, defeated and put to flight, an enemy's force, consisting of the Galicia, a torpedo gunboat, and two other gunboats. The Galicia was of superior size to the Eagle, and of greatly superior arma ment, having two (almost) five-inch breech-loading rifles, four six-pounder rapid fire guns, one machine gun and two torpedo tubes. What armament the other two gunboats bore is not appar ent from the matter at hand, but it is probable that they also had more than the four six-pounders of the Eagle. "Slowly backing the Eagle, with her broadside tO' the enemy, in order both to change her bearing and to bring as many guns as possible to bear, the firing became rapid, and in the battle fifty- nine six-pounder armor-piercing shells were expended." Then the enemy retreated and the Eagle steamed a little closer in toward the harbor entrance, and brought on the second engage ment of the battle. The enemy's fire was well directed, but the eminent and con spicuous perfection of the conduct of this part of the battle neutralized the vastly superior force and wrested victory from it. There was no turning to avoid the ship of superior size and arma ment, nor to fly from the numbers to be engaged, but cool, calm skill and heroic brain conducted to the victory. The commander of the ship relied upon the fleet commander who had placed him in the van, and it was well. In tbe second engagement the gunboats and a fort and an army on shore attacked the Eagle, and McCalla, with the Marble- head, finished the battle. His report commends the Eagle's work, and barely mentions the part he and his ship took in the battle, seeming to regard the protection of a member of his fleet and the crushing of a powerful attack, developing the whole force of the harbor as a mere incident, simply to be mentioned. And, but for Lieutenant Southerland's two reports, the superb conduct of the division commander never would have been known. Had these two officers had an ounce of boastfulness, or had the newspaper reporters been there to write it up, the heroic first naval battle of the war would have appeared to have a dramatic interest and brilliancy rarely equalled. Commander McCalla. Before taking up McCalla's conduct in this and subsequent battles, and extraordinary heroism, a brief mention of his mis fortune, which casts a peculiar light upon his self-devotion may be mentioned. He was made a Commander November 3, 1884 ; and in 1885 was selected to take a thousand men and protect the Panama Rail road and City of Panama, during a revolution ; and did it so well, that though Aspinwall was burned, nothing within his jurisdiction was injured. He was a man of ability and the equal of any in his class. But in 1890 he was sentenced by a bare majority of a court martial "to be suspended from rank and duty for the period of three years, and to retain his present number on the list of com manders while so suspended." Five out of twelve stood for ac quittal. A court martial is called, like a sheriff's jury, for a particular trial, or session, and ceases to exist when that is ended. {Runkle V. U. S., 122 U. S., pp. 555-6.) It is an inferior court of limited jurisdiction. Its sentence must be conformable to law, or it is void. {Ibid; Dynes v. Hoover, 20 How., 65, pp. 82-3; Neilson petitioner, 131 U. S., 176.) The grade of the court is such that there are no presumptions to sustain its action. {Ibid.) IO "All sentences" (but death) "may be determined by a ma jority of votes." It is its duty "tq adjudge a punishment ade quate to the nature of the offense ; but the members thereof may recommend the person convicted as deserving of clemency." This is the law. (R. S., Sec. 1624, Art. 50, 51.) Art. 48 provides that "when a court martial sentences an officer to be suspended, it may suspend his pay and emoluments for the whole or any part of the time of his suspension." And this limited the power in such cases, to the mere taking away for the period of suspension of pay and other tangible profits of the office, capable of estimate and computation by the court, at the time of rendering judgment, and forbade the court to let its sentence in any way lap over be yond the period of suspension, or to touch anything during the time of suspension which cannot be computed like pay. {Neal v. Clark, 95 U. S., 704, pp. 708-9; Broom's Legal Maxims, 651, 666.) It is sometimes said that the constitution of the United States is one of enumerated powers ; and that the national govern ment has no powers not expressly given or necessary to the exer cise of those expressly given. It is quite clear that when these articles of war told just what a summary aggregation can do, when it suspends an officer, they did not intimate an intention to commit an unlimited power to extend the penalty through the de fendant's "W(.hole life to whole or partial loss of the pay and emolu ments, and to the privileges and advantages that belong to the office under the statutes ; for, as said by the authority, "the intro duction of the specific power, in such case, is necessarily exclusive of all other independent extrinsic powers." Because of such nam ing of powers in the judiciary act, ordinary powers common to all other courts of like nature, and necessary to the full exercise of tbe rights of United States citizens, have been found to be with held from the courts of the United States, the words being: "Al though the judicial power of the United States extends to all cases arising under the laws' of the United States the legislature" (the congress) "has not thought proper to delegate the exercise of that power to its Circuit Courts, except ih certain specified cases." {Mclntire v. Wood, 7 Cranch., 504, p. 506 ; McClung v. Silliman, 6 Wheaton, 598, p. 600; Insurance Co. v. Ritchie, 5 Wallace, 541.) And this principle certainly applies to courts martial called into existence by, and deriving their powers only through the arti cles of war — that is, the articles of Section 1624. II The court martial that tried McCalla consisted of twelve members ; and it acted on two subjects — which were committed to it by the law of its existence. First it convicted him of some matter charged, and imposed sentence for that (which was in part valid) ; second, under the authority committed to it by the law it recom mended executive clemency; that is, it adjudged that though the offense was within the letter of the rules, it was not within the spirit of the laws, and that due administration of justice required that no punishment should be imposed. The judgment, against him, was by a vote of seven to five; the judgment, that the circumstances were such that he did not deserve any punishment and ought not to be punished, was by eleven of the triors, only one dissenting from. that. The executive did not exert his clemency for a year and a half. The provision that McCalla should retain his number on the list of commanders, while suspended, had no effect to take away any pay or emolument during the time of his suspension ; and im posed no tangible punishment during that time; but the statute (Section 1467) provides that officers take rank in each grade ac cording to the date of their commissions, and that the next officer in rank shall be promoted to the place of a retired officer (Section 1458) ; and, at 62, when retired by age, the pay for life shall be proportioned to the grade of rank then borne. (Section 1588.) The first effect of the provision that he should keep the num ber, struck him November 7, 1897, when he would have been en titled to the rank of captain, but for that provision of the sentence. It so happened that during the year and a half the sentence was in force (in 1890 and 1891 ) nine men were promoted from the list of commanders or died out of it, above him, so that nine passed him. It was impossible, in the nature of things, for the court that imposed the sentence to know when it laid the sentence, how keep ing his number would punish him, by deprivation of pay when he should be 62 and for all his life after that ; or how many who were higher in rank would die or resign while he was suspended. The court could not know that it would punish him at all. It could make no computation as to how many above him in rank would die or resign during the three years, so as to make the punishment just "adequate to the nature of the offense," as the law required ; but left the punishment (to be inflicted by that branch of the sen- 12 tence) to depend on things foreign to the offense or the offender, namely : on the contingencies of the death or resignation of other men during the time mentioned. Hence this provision of the sen tence was not within the power conferred upon the court by Article 51, which was "to adjudge a punishment adequate to the nature of the offense" — that is, equal to, and measured by the offense, the computation of which adequacy must be a matter of judgment, judicially exercised. And this provision of the sen tence was contrary to Article 48, which forbade the court which suspended a man, to interfere with the pay or emoluments the law would give him after the time of his suspension, because of the age of his commission. It is an axiom, that one exercising a delegated power is not authorized to do indirectly that which he is forbidden to do direct ly. Article 48, by its explicit words, forbade the court martial to adjudge, that, from and after he shall become 62 years of age, the- defendant shall be deprived of two thousand dollars per year, of the pay he would have received, by law, but for this sentence. The punishment is the result of the words, and is not the words used in the sentence. The power is "to adjudge- a punish ment," and -whatever the words may be which are used, if they produce a penal result not authorized by law, those words in the sentence are unlawful. {People v. Cooper, 83 111., 585.) "If the act must necessarily produce a result clearly and unquestionably forbidden * it ca.nnothe uphe[d,whatever be its form or profes sion." (Id., p. 591.) Cummings v. Missouri, 4 Wallace, 277, p. 325, also pp. 319, 320; Exparte Garland 4 Wallace, 333, p. 380. The power to inflict a particular penalty must be clearly au thorized by the law or the power does not exist. {Sutherland on Statutes, Sees. 349, 350.) And where power is given to inflict punishment up to a certain limit, as in Article 48, that specifica tion, forbids any punishment extending beyond that limit. A sentence, making the amount of the punishment to depend on chance, on the accident of death and resignation of other men, depending not upon the act done nor upon the subsequent conduct of the offender — a sentence which might inflict no penalty at all, or might in the remote future punish the person sentenced, be cause of some extrinsic event — such sentence, if not void under 13 the articles of war as they now stand, would be barbarous, and should be forbidden by a new statute. At the very first dawning of Anglo-Saxon liberty it was held to be justice that a man should be punished according to the greatness of his fault ; and the Nor mans ratifled the doctrine by solemn Acts or Constitutions. Magna Charta, Ch. 14 (Stat. Henry III.), 2 Co. Inst., 27: "A free man shall not be amerced for a small fault, but after the manner of the fault, and for a great fault after the greatness thereof. * * * "And none of the said amercements shall be assessed, but by the oath of honest and lawful men of the vicinage." Earls and Barons shall not be amerced but by their peers, and after the manner of their offense. No man of the church shall be amerced after the quantity of his spiritual benefice, or after his lay benefice, but after his lay tenement, and after the quantity of his offense. This charter appears to have been adopted by John, in 1215, and by Henry III. in 12 16, but it appears by Glanville that it was made in affirmance of the common law. (2 Co. Inst., 27-8.) Coke, in the proeme to his Second Institute, says that prior to his time, that is, prior to about 1600, tha,t charter "had been confirmed, established and commanded to be put in execution by thirty-two several acts of parliament." There are two branches of the principle. 1st. The punishment must be proportionate to the offense. 2d. Determining what is in just proportion to the offense, and assessing the punishment, is a judicial function, to be exer cised under the sanction of an oath, and with equally careful ap plication of the judgment of the triors as the function of deter mining on the guilt of the accused. This cardinal principle, reasserted in the constitutions of Eng land before our separation so many times as to be ingrained in our ideas of civilised government, furnishes the construction for Arti cle 51, where it requires the court to adjudge that the sentence imposed is adequate to the nature of the offense, and forbids that the amount of punishment shall be made contingent or dependent on any extrinsic consideration. Commander Chadwick, who became a captain when McCalla, by law, had a right to the promotion, made most strenuous efforts 14 to have McCalla restored to his place. Every man of those who moved up by the effect of the sentence (but two) wrote personally asking his restoration to his place. In March, 1898, the undersigned presented a memorial or petition to the President, suggesting McCalla's deserts as an officer, the above demonstration of the void character and bar barity of his sentence, and praying for full pardon or that the sentence be put out of the way, by the executive. Between the i8tb of April and the 6th of May, 1898, peti tions, incited by the idea of this void character and barbarity of the sentence, as well as by the value of the officer, as a naval officer, were signed by eighty-four senators (all but one who had sufficient health to do any business), by two hundred and forty- one representatives, by the Secretary of State and the officers of that department, and lay the heads and other officers of other de partments, praying full restoration to the rank, were presented to the President. The nomination of McCalla for promotion of seven numbers (proposed August 12, 1898) would have restored him to the place which was his of right, if his sentence was void in the particular assailed. That nomination was hung up with the rest of those of the Cuban fleet. Meanwhile, even while suspended, McCalla had worked for his country and profession. There were no tactics studied out and published for modem steam power fleets, and he prepared a system of naval tactics with drawings and plates, costing him some three thousand dollars, and gave the work to the country. September 11, 1897, having been kept on shore for seven years, he was given command of the little unprotected craiser Marblehead, of 2,089 tons, a main battery of ten five-inch guns, and a secondary battery of six-pounders, etc. Soon after, when Germany was negotiating with Hayti, with vessels of war, he was sent to be present and observe, and form part of the situation ; then he was sent to Navassa Island to exercise a jurisdiction of 15 the United States. (In these things acting for the state depart ment.) Then he was used in those hot latitudes in preparation for war; and when the war broke out his ship had had nearly six months in those waters of marine growths; yet the master had found means to keep her bottom clean by the work of his crew, so that the newspapers said she bowled along by the side of the swift New York to reach blockade runners. On the 25th of April, 1898, the Navy Department having learned that the Spanish transports Montserrat and Alicante had left Martinique on the 23d for Cienfuegos, and advised the ad miral; the latter detached a small division of the North Atlantic Squadron, consisting of the third-rate unprotected cruiser Marble- head, of 2,089 tons, the light draft gunboat Nashville, of 1,371 tone, and the small converted yacht Eagle, of 434 tons, to go for them, to Cienfuegos, under the command of Commander McCalla. Newspaper correspondents said that the admiral was very reluctant to send them, saying that they were going 700 miles from anything that could support or rescue them, to where they would encounter whatever force might be in the harbor, which was sec ond in importance to Spain, in all Cuba; but McCalla relieved his reluctance, and cordially faced the danger. The Montserrat and Alicante reached their harbor unloaded, and left before it was possible for the little fleet to have inter cepted them. But the little fleet did a day's work at Cienfuegos, during the one day it was there. Between daylight on April 29th and 5 o'clock p. m. (when the state of their coal required them to return to Key West), the little fleet captured the Argonauta, having a cargo of provisions, Mauser rifles and ammunition, eight Spanish officers, eight Span ish soldiers and Spanish mails; it also fought a battle, and prac tically destroyed the naval power at Cienfuegos, besides learning all about the port, its defenses and mines, and the list and strength of the naval forces there. These things were reported to the Ad miral three days later, and the matters so ascertained were after wards found to be precisely true. The inventory showed one line of mines laid across the river ; the old fort ; a castle above Placido Cove ; a shore battery ; a new battery, with two large guns, on the heights above the castle ; some six and eight-inch modern guns not mounted; the torpedo gun- i6 boat Galicia (described by Southerland) ; two other gunboats; and eleven armed steam launches. (Appendix, 185.) The Battle. On their arrival, the Galicia came out from the inner harbor, and McCalla placed his ships so that she could not escape and give notice of their presence, and she went back. At 10:55 the Nashville having signaled that a steamer was in sight, was sent to capture her. At 12:10 the commanding officer of the Eagle was directed to take his position off the mouth of the river, while the Marblehead steamed to the Nashville and prize two miles away. It had just reached there, when the Eagle sig naled that the torpedo gunboat was coming out ; and the Marble head at once steamed towards the Eagle ; and Lieutenant Souther land fought the first engagement of the battle, while the Marble head was coming; and said, in his first report, that when the enemy retired appearances indicated that one of the gunboats had been struck ; then the Eagle steamed a little closer in toward the harbor entrance, and was fired upon by a shore battery, a guard of infantry and a gunboat, which appeared coming out. Lieutenant Southerland, in his report to the Admiral written that day, said: "This fire was promptly returned. Within a minute or two the Marblehead, which in the interval had been coming towards us at full speed, opened fire with her five-inch rifles, and succeeded in silencing both battery and gunboat. Two of the enemy's shot passed close over this vessel, another close astern, and another within a few feet of the bowsprit." (Appendix, p. 186.) In his report, under Article 260, dated September 15, 1898, Lieutenant Southerland said: "Within a few minutes, one of the gunboats again appeared, and with a fort on shore opened fire on the Eagle, which was promptly returned, this vessel in the meantime having steamed a little closer toward the harbor entrance. The Eagle's fire during this second attack was of short duration, as the Marblehead, which, upon the firing of the first gun, had started at full speed to the Eagle's assistance, arrived within a few minutes, and, with a well directed fire, from her splendidly handled battery, soon silenced the enemy's fire both ashore and afloat." (Appendix, 349.) "Commander McCalla's division left Cienfueg'os in the after noon of April 29th, for Key West, the Eagle being temporarily detached with despatches for the Admiral." (Appendix, 349.) 17 The Spaniards did good line shooting at the Marblehead and all but two of their shots, which fell short, passed over her. (Ap pendix, 184.) This battle was at the entrance of a great port, the second in importance to Spain of all the ports of Cuba. It was 700 miles from Key West, and nearly as much from the nearest Ameri can ship. That is, it was about as far from a friendly port as Manila is from Hong Kong. The duty of ascertaining the force of Spain in and around that port required the risking of a battle against unknown odds. The Eagle was placed to observe and blockade, and draw their fire ; and when the attack was made on her she fought as if she was a battleship. It was her business to do her best; it was the division officers' business to order her to fly or to come to her. And her's was probably the first naval en gagement, fought on one side, victoriously, with modern six- pound rapid-fire guns. It appears on pages 473-4 of "Naval Operations of the War with Spain' (otherwise cited herein as "Appendix"), that Commodore Schley arrived with the Flying Squadron off Cien fuegos on May 21st ; that on May 22d he stood in close to examine the port and twice went close in to the mouth of the harbor ; and that on the 23d he wrote, "I am by no means satisfied that the Spanish Squadron is not at Cienfuegos. The large amount of smoke in the harbor would indicate the presence of a number of vessels." Yet, at that time there was no naval force in that harbor that was not there when the Eagle stood her ground, and the un protected cruiser Marblehead swept up to fight all they would send out. The whole battle savors of the heroic period of chivalry. The little ships gave their defiance to all comers, and then opposed their skill and prowess with their weapons, to all who might come out. More than three times the force of the Eagle was sent against her. One shell from the Galicia's 4.72 inch guns would destroy her. The six-pounder rapid-fire guns and the machine guns could tear her to pieces ; but she brought her little battery of six-pound ers to bear, and fought as if she was armored. As for McCalla — the challenge had been taken up, and the Eagle was in the fight. How much more force could be brought against them was not con- i8 sidered. The Eagle must be sustained. On the firing of the first gun, the Marblehead went at full speed, to her assistance ; and so handled her battery that she was worth a dozen ships less perfectly conducted. A sailor in the fleet about Santiago and Guantanamo in June and July, says : "No one ever called McCalla's ship, the Marble head, by her official name ; she was known as The Tub of Blood. The name stuck to her. She earned the title, too ; for it seemed impossible for any one to get into trouble anywhere, without hav ing her bob up and take a part in it." He also said : "When the fleet was lying off Key West, Mc Calla used to keep his crew at target practice day and night. The men learned to shoot by sunlight, by moonlight, by searchlight, and without light. The captain used to watch every shot; and I don't think there was another set of marksmen in the navy who were the equal, altogether, of the Marblehead's crew. McCalla used to say that they could hit a fly as far as it could be seen with a glass; and I guess he was right. When war was declared he started out, and his ship did nothing except make trouble for Spain." This man said : "McCalla never seemed to sleep. Whenever anything happened he was on deck himself, and he knew the de tails of every transaction." Members of his crew said that during the whole war he never slept in his cabin nor in a bed, but in the pilot house, or anywhere nearest to where he would be wanted. Young men from Detroit who were on the Yosemite in Guan tanamo bay, said: "The Marblehead was an odd looking tub. Not a piece of polished metal on her to keep the men rubbing. The men said, the word is out that we are down here to fight, and not to do useless work in this heat ; so all the brass and polished work is painted, to keep it. It's a hundred and forty in the boiler rooms and not a man sick. Quarterdeck or any cool place is good enough for men that are shoveling coal or working the guns when they are wanted." "He taught every man to swim. They can do anything." This gossip casts a side light on the conduct of all, so that the ship, the guns, the men, seemed to act by intuition; and every 19 man was inspired by perfect confidence, that all would be right. It is necessary to see this aspect ; for its quiet action in battle may be that eminent and conspicuous conduct in battle which the statute for promotions had in view. It shows why the incident of the rescue of the Eagle, and the silencing of everything afloat and ashore was, to the Commander, only the common thing, not to be specially spoken of. April 29th the Nashville had burst a steam box; and she limped back to Key West, while the Marblehead towed the prize the Argonauta and tbe Eagle went with the despatches to the Admiral. The slow progress (towing another ship), the repairs tc the Nashville, and coahng, took four days' extra time; and Mc Calla's little fleet consisting of the Marblehead, Nashville, Eagle and Windom began the blockade of Cienfuegos on May 8th. This blockade lasted from the 8th to the i6th of May ; when the fleet was ordered to Key West, by means of one of the swift aux iliaries, because of the approach of Cervera's powerful squadron. During this eight days McCalla's fleet was full of "trouble for Spain." Just how much time was spent in actual battle is not recorded ; but the decks of the Marblehead were cleared for action, the guns loaded, and battle ammunition at hand all the time. Nearly a hundred miles of coast was swept of light houses and aids to night navigation; the fortifications were tried, developed and known; communications were established with the shore and everything Spanish in and about Cienfuegos was inventoried. Among battles, which on the Spanish side were bloody, was one that grew out of the fact of 1,200 Spanish cavalry garrison ing five blockhouses; where they waited the dispersal of some 1,700 Cuban cavalry, to descend upon the Cuban invalid camp, where some 5,000 old men, wounded men, women and children .were collected, and to butcher and destroy them. The Cubans in some way communicated with McCalla thirty miles east of Cien fuegos, that their cavalry could not keep together another week, for want of food and forage, and asked his aid ; and on the return toward Cienfuegos the Marblehead demolished five forts or blockhouses, and with the Cubans destroyed the cavalry power of Spain in that part of the island. It was a bloody battle in which the conduct of the commander of the Marblehead was eminent and conspicuous. 20 On the loth of May Commander McCalla called the Com mander and Lieutenant of the Nashville on board the Marblehead and arranged for the cutting of the cables. The work itself was to be done by two launches protected by two armed steam cutters in command of Lieutenant Winslow, of the Nashville, Lieutenant Anderson and Ensign Magruder, of the Marblehead. The two lieutenants were in the launches with the working party while the ensign had charge of the cutters with machine guns, etc. The full detail of the marvelous work is given in an article written by Lieutenant Winslow and published in the Century Magazine of March, 1899, at page 708. The cable house was situate about 25 feet from the water's edge, and a line of rifle pits ran within 50 feet of the water's edge, so concealed by tall grass and bushes that they could not be seen ; and back of this the land was irregular, and was overgrown with long grass, vines and bushes. From this low strip, a hill, of sharp ascent, rose to about 300 feet in height, the acclivity being of rocky and irregular surface and covered with trees and dense chapparal ; nature forming there better cover and rifle pits than man could have made. McCalla left the revenue cutter Windom to protect the collier Saturn; placed the Nashville about 1,400 yards south-east of the cable house, and with the Marblehead took a position command ing the entrance of the harbor to give battle to any Spanish man-of-war that might come out, on the one hand, and on the other hand, to cross the flre of the Nashville above and about the boats. The ships first fired on and destroyed the cable house till it was nothing but a pile of masonry. Then the boats pulled in with their oars ; and, in their work, were repeatedly within little more than a boat's length of the shore; the armed cutters lying a little outside, firing upon the rifle pits, to keep the enemy down. The boats were directly in front of the rifle pits, and hardly a hundred feet from them, when their danger drew the fire of the ships all around them, in a furious cannonade. The Marblehead fired so close that the men in the boats ducked, and it seemed as if the shells could not come closer without hitting the boats. But the men in the boats realized that they had to risk a hit from their own ships or receive the fire of the enemy at close enough range for pistol shots. The men worked on; and admired the perfect markmanship of the gunners of the Marblehead— due to months of practice be fore the war. 21 As the hours wore on, a regiment poured in to the rifle pits and covers, and the number of the enemy rose to 1,500 or 1,700 men. When the cables had been cut, and the large numbers of the enemy had made it too dangerous for the boats to remain, they coolly withdrew; but some of them had been killed by troops in the tower of the lighthouse and dwelling of the keeper, both of stone, and the Marblehead cut them down. Lieutenant Winslow says that they were cut down by shell after shell almost with the ac curacy of a saw, so that no soldier escaped, and there was left only heaps of debris. He says the accuracy of the fire bore tribute to the untiring energy of Commander McCalla in bringing his crew to so high a state of efficiency and marksmanship. It was marvel ous gunnery that for three hours, in rolling ships on ocean swells, swept the beach close to the boats above and around them and the ragged hill without an injury to one of our own men from any shot from ship or launch. When the great re-enforcements occu pied the light house, the Windom was ordered to join the battle. On our side two were mortally wounded; and eight others were struck. Among them Lieutenant Winslow in a launch was shot in the hand and Commander Maynard, of the Nashville, on board his ship, was struck with a rifle ball, above the heart, and put out of the fight ; though the ball was so spent as not to enter. It was said that of the enemy more than 300 were slain, and that the conduct of the battle was eminent, conspicuous and marvelous. Other engagements of daily occurrence filled out the eight days of this blockade. May 1 6th, the little fleet steamed toward Key West, under orders from the department; and under like orders returned and reached Cienfuegos May 24th, where they were incorporated in the flying squadron. From May 24th the Marblehead accom panied that squadron, and at the beginning of its blockade at San tiago, at dusk of the evening of the 28th, was placed, with the Vixen, close to that port as an inner picket line. The order was to be two miles inside of the fleet. This seems to have been the position, either lying to, off the harbor, or steaming to and fro in side of the heavier ships (except during the 30th, when the heavier ships fired their guns toward the Colon, from a distance of four to six statute miles), until June i, at 4:45 a. m., when smoke was sighted to the eastward, which proved to be the New York and Oregon. 22 From the ist to the 7th of June, the Marblehead had its place in the blockading circle off Santiago, and in the attack on the bat teries of June 6th, the little cruiser had her place in the attacking line between the great armored Brooklyn and the battleship Texas. At midnight the Marblehead was withdrawn from the block ade and sent with the Yankee to Guantanamo bay. The bay was entered at daylight on June 7th, notwithstand ing its forty-four mines ; and at half-past 6 two six-pounder shells from the Marblehead struck the cable house on Fisherman's Point, within one foot of each other, destroying the union of the two large with the two small cables, completely severing communica tion at this point for the time being; and at noon the boats of the Marblehead cut one of the inside cables. The reconnoissance of the bay was completed during the day and reported to the Admiral at night; and about noon of June Sth the Marblehead retumed with the collier Stirling and took charge, and from that hour no news, from the outer world, reached the Spanish army at Guan tanamo City or Caimenara. With the naval force and marines under his command and the Cuban auxiliaries, whose motions were controlled by his ad vice Commander McCalla bottled up 7,000 Spanish troops, and neutralized them during the war, keeping them from marching on the rear of our army investing Santiago — and holding them substantially paralyzed until they finally surrendered to him, under the terms agreed upon at Santiago. Whether the conduct of this Commander was that character ized by tbe statute as eminent or conspicuous in battle or of ex traordinary heroism during all the time in Guantanamo bay ; this was very near to that, namely : the education of the whole ship's company so that when the ship took charge of this important bay, and steamed over its mine fields, reconnoitered its coasts held by 7,000 Spanish troops and forts, drove back and shut up and ulti mately destroyed its naval defenses, did as they had done at Cien fuegos, all that could be done by such a ship and body of r^en ; and did all they were sent to do. The first camp on Cuban soil was of marines very much under his charge; the first and second battle on land were by those ma rines, and Cuban allies acting as he indicated. The nation watched with terror for that little body of troops ashore ; but the gunners who had mowed the grass with shell pass ing from the rolling ocean, above their comrades' heads in boats, saw the ships placed, and knew they guaranteed their men on 23 shore from being overwhelmed, though all the forces of Spain were brought against them. It was not all done by the Marblehead or by McCalla. Seniors in rank were often in the fighting line. The mighty guns of the Oregon, Massachusetts and Indiana were, by the newspapers, said to have joined, though the Marblehead moved into the position of danger nearest the unraised mines, or the torpedo boats of the inner bay ; but whoever came and of whatever rank — all cordially joined in McCalla's battles and worked as harmoniously as if by rank they were under his command. No one questioned his au thority in or about that bay. Another danger, McCalla had seen in 1880, in the same bay, when a Spanish man-of-war lay under Fisherman's Point, para lyzed by yellow fever ; its officers and men dying of this scourge. Aware that on the health of the fleet depended the safety of the army; that if the ships became infected the campaign could not be carried on. The responsibility for the health of the forces in Guantanamo bay was cast upon McCalla, and the quarantine he established was applied to all comers — high and low alike — and prevented the appearance of the yellow fever in the ships and camp. The Commander's care of the fighting men was noticeable. When the marines landed, from his own experience at Rio, Panama and elsewhere, and on the recommendation of the surgeon of the ship and of a colonel and surgeon of the Cuban army, he had the village burned ; saying, the security of our men from dis ease, of course, outweighs all feelings of sympathy for the unfor tunate owners of the buildings and contents. And he reported to the admiral on June 12th, "An order which I found necessary to give the commanding officer of the U. S. S. Panther in order to relieve the fighting force." "Sir. Break out immediately, and land, with the crew of the Panther, 50,000 rounds of 6-millimeter ammunition. In future, do not require Colonel Huntington to break out or land stores or ammunition, with members of his com mand. Use your own officers and crew for this purpose. And supply the commanding officer of marines promptly with any thing he may require." Ashore and afloat the men were kept supplied with food, as good as could be had — and care was taken of it to keep it good. After war had closed and $16,000 was (by the wrecking company) asked to raise a gunboat (the Sandoval) sunk in the inner bay ; a lieutenant and fourteen men of the Marblehead raised her in twelve days and she was added to our navy. 24 And in eleven months, of which from the first of December till the middle of August were spent in torrid waters but one man died of disease and two from wounds in battle, of all the company of the Marblehead. It was not strange that with the campaign fresh in mind, the necessity for and value of Guantanamo bay appreciated, at the banquet at the peace jubilee in Chicago, when the toast. The Navy, had been proposed, the President of the United States should have directed that McCalla be called on and introduced as the hero of Guantanamo bay. In addition to above work of June 7th, the News Almanac says that on that day the cruiser St. Louis, protected by the Mar blehead and Yankee, cut the French cable off the port of Caimen ara in Guantanamo bay. The Marblehead was to remain in charge of the bay. (App., 488.) Like authorities say that the Marblehead crew raised forty- three mines in Guantanamo bay. ( These pages in parenthesis below, under dates in June, refer to pages of "The Naval Operations of the War with Spain," other wise known as "Appendix.") Spanish papers (recovered by McCalla) showed that thirty- one of the forty-four contact mines guarding the approach to Caimenara were planted between the 2d and 9th of the May pre ceding their raising. (448.) They were, therefore, fresh, and afforded occupation for many days; especially, considering that 7,000 Spanish troops were in the vicinity to harass the workers, from the cover of forests, etc. June loth. The Panther arrived, and Marine Battalion of 600 landed, and encamped, naming this first camp "Camp McCalla." (441,489.) And from that time they were constantly under fire, but repulsed every attack. The holding of the position at Guantanamo bay was of the utmost importance to the navy, as it furnished a base for the oper ations against Santiago, and Admiral Cervera's division. Owing to the dense undergrowth, affording safe shelter to the Spanish sharp shooters, it was impossible for the vessels by shelling the shore to keep the enemy from harassing those on board the ships with their Mauser rifles to such an extent as to make it dangerous for them to remain there. (441.) 25 June I2th, during a very severe attack. Dr. Gibbs (a surgeon of thenavy) was killed; and McCalla reported the battle and sent for Dr. Arnold to take his place. (491.) The Marblehead took part in each of the fights from the nth to the 14th, except that at Cuzco Wells on the 14th. And during all the time from June 7th to the close of the war McCalla kept in close touch witb the Cubans, and made of them very valuable aux iliaries, whether as reinforcements to the marines or as operating separately — whereby the 7,000 Spanish soldiers there were kept from all communication with the Spanish force at and about San tiago (453) and from moving on the rear of our army or to rein force the main army of Spain. (See pp. 492-500.) The value of this work is shown by General Shaffer's letter of July 4th: "Through negligence of our Cuban allies Pando, with 5,000 men, entered the city of Santiago last night. This nearly doubles their forces." (App., 609.) Had these 7,000 appeared on our rear it might have been disastrous. June 15th the Texas was sent to Guantanamo for the pur pose of assisting the Marblehead in the destruction of a fort. (448.) The Suwannee was also sent for the same purpose. The fort was severely bombarded by these ships and destroyed. Both the Marblehead. and the Texas had narrow escapes from torpedoes, one being picked up by the Marblehead's screw and the other being dislodged by the Texas was picked up by the Marble head's launch. (448, 453, 494, 499> 447-') A Spanish spy was captured by the Cubans on the i ith, en deavoring to carry despatches from Guantanamo to Santiago (453).. McCalla was most energetic in making the Cubans useful as auxiliaries (500) ; and had their advice and co-operation (492, 502), as he had had at Cienfuegos. (424,403.) Colonel Vietas, a Cuban physician and a Colonel of the Cuban forces, rendered him invaluable advice as to deaUng with the yellow fever, which was all around our fleet and troops in and around Guantanamo bay. In the Senate Documents (55th Congress, 3d Session, Execu tive C and D), entitled, "Sampson-Schley: Official Communica tions to the United States Senate," at page 158 is a report of Com mander McCalla, dated June 16, 1898, showing how close he was in touch with the Cubans, and their aid in battle on the 14th ; and 26 at pages i6i, 164, 167, Commodore Schley's letter gives the signals used by the Cubans about Cienfuegos very graphically, and shows the promptness with which their information was given to Mc Calla, and its reliability. June 2Sth a force was sent by Commander McCalla, under command of Colonel Huntington, of the Marine Corps, consisting of two companies of marines, and two-thirds of the force of Cubans under Colonel Thomas, to determine whether the enemy still occupied the extremities of Jicacol Point, in Guantanamo bay. The landing was covered by the Marblehead, the Eagle and the Helena ; and when the reconnoisance had been completed and the soldiers re-embarked, the Marblehead proceeded to drag for mines, and found and raised four. ¦ (502.) Gradually the occupation extended into the inner bay, com pelling surrender of the gunboat Sandoval, etc. (which was treach erously sunk after surrender). Enough of detail has been given to make it clear that the gos sip was right that no one could be in trouble anywhere, but the Marblehead would come up and relieve it. And it is remarkable that with contact mines made by the French and many of them recently put down, numbering a great many, and each lying in am bush with all the dangers of a battle ; 7,000 Spanish soldiers armed with mauser rifles to avail of the dense forests around the bay, forts and batteries covering the bay and channels ; and yellow fever on every side ; not a ship or boat was lost by the navy ; not a man was lost in the bay or camp by yellow fever; the bay was made wholly available for the navy and transports; and the Spanish army, there, was made as completely unavailable to Spain, as if it had been captured in the first ten days. After the war, and McCalla had been sent to Nor folk,, Navy Yard as Captain of the yard, he was sent with the Vulcan and Potomac and another ship to- examine, and if possible recover the Maria Teresa, ashore on Cat Island. In the fall of 1899 he was assigned to the command of the Cruiser Newark (then at San Francisco, for repairs). She was needed at the Philippines, and though not nearly done, McCalla sailed, and completed the repairs at sea. Mindful of expense 27 to the country, and of the desires of the men in the field, he offered. to carry mail, and they gave him 900 bags — a big tug boat load, that filled all available space, including the Captain's cabin; and in that condition he met the worst typhoon of years, and rode it out, though for two days it kept the Captain on the deck or in the pilot house. Arrived, he was sent north with his ship and some gunboats, and captured a province, and with his launches met and pro visioned the invading army ninety miles from the coast (at Appari). August 10, 1898, the President advanced certain officers under the statute for conduct in battle, and among them Commander McCalla, who was designated as advanced and promoted to Cap tain, taking rank next to Captain Goodrich. One newspaper gave the advance as seven numbers, and another gave it as six ; but the list of promotions was not acted on by the senate. On February 3, 1900, the Comptroller of the Treasury sug gested that McCalla was put out of the Navy, as of August 10, 1898, by the joint action of the President and the Senate, without notice and without cause; and that judgment should be obtained against him for the salary he has been paid, since that date. The Comptroller says, that August 10, 1898, the President advanced Commodore Sampson eight numbers and appointed him a Rear Admiral ; Captain Philip five numbers and appointed him a Commodore ; Commander McCalla five numbers and appointed him a Captain. That afterwards, the President nominated Lieutenant-Com mander Pillsbury "to be a Commander, vice Commander Bowman H. McCalla, advanced and promoted." That the advancements of Sampson, Philip and McCalla were not confirmed by the Senate and became null (citing authorities). That the nomination of Lieutenant-Commander Pillsbury "to be a commander from the loth day of August, 1898, vice Com mander Bowman H. McCalla, advanced and promoted," and con firmation thereof by the Senate put McCalla out of the navy. And in support of this proposition he cites three decisions of the Su preme Court of the United States, one decision of the Court of Claims, and one comptroller's decision, namely: McElrath v. U. 28 S., I02 U. S., 426; Blake v. U. S., 103 U. S., 227; Keyes v. U. S., 109 U. S., 336; Quackenbush v. U. S., 33 Court of Claims Cases, 355 ; ^w re Stevens, 6 Comp., Dec. 17. In the case of McElrath v. U. S., judgment had been entered against McElrath for the pay he had received after having been so put out by the President by and with the consent of the Senate ; and the judgment was affirmed by the Supreme Court, (p. 440.) McCalla's condition, as suggested by the Comptroller, is worse than that, supposed, of the son who asked bread of his father and he gave him a stone. Here, the President attempted to cherish the navy, and reward distinguished service that could be rendered only in battle, by the highest honor in his power; that of special promotion (in which the Senate joins) under the statute provided for such cases; and, by a slight oversight, contrary to the intention of the President and the Senate, the attempt to honor and reward proved a catapult, which hurled the subject of honor into the air, stripped him of his rank, his profession, and his office, and left him stunned and destroyed. It was not a betrayal with a Judas' kiss, and the words, "Hail, master," because the intent to deliver him up to judgment was lacking; but the accidental words in Pillsbury's nomination "to be a Commander vice Commander Bowman PI. McCalla, advanced and promoted," had the effect of a fatal judgment, stripping him of all he had, and casting him out. It is probable that the Attorney General may be of opinion that the Comptroller of the Treasury is wrong; but his will be only an opinion, and cannot remove the cloud and danger cast over McCalla, which at all times will attend his services and his life, and at any time may put him to a lawsuit to fight in a line for which he is peculiarly unfitted to maintain as best he may his claim for a mere place in the navy. There are but two things which can establish his right to be a naval officer, beyond question or peradventure ; one, would be a judgment of the Supreme Court of the United States in a case be tween him and the United States, and such judgment could only be rendered in the exercise of an appellate jurisdiction ; and could not be obtained in less than two years. The other would be an act of Congress, approved by the President, which would promptly put him in his place, and make it sure. 29 THE CAPTAINS AND ADMIRAL. Meanwhile, with the close of this session of Congress, two years will have elapsed since the close of the Spanish war, due to the destruction of the naval power of Spain, and the acts of the fleet that destroyed that power have not been acknowledged — but, instead, have been turned down. The Maine. The comity of nations, which have commercial relations with each other is such, that national ships of war visit the ports of other nations, their safety guaranteed by the owner of the port to be as great as that of ships belonging to the port. The understand ing called international law affords this guaranty. This warranty extends to individual traders or travelers, and if they are wronged 01 injured in a foreign place, the nation governing the place is called upon for reparation. In March, 1898, the Viscaya visited the port of New York, re mained at will, and went away in safety protected by this comity and law of nations. The Maine so entered the port of Havana and was treated as the guest of Spain. She was assigned a place to anchor ; and led to the very buoy where she was to moor. In the harbor of Havana mines had been placed by the government of Spain. The govern ment of Spain was engaged in a campaign against its people; of cruelty and extirpation, then deemed incredible. Its success would destroy the market for large amounts of America's productions, and cut off the supply of much that American markets needed. Knowledge of its fiendish murder of a nation — killing all by slow torment and certain means of death, with malice, prepense and aforethought, would rouse the American heart and might wake the civilized world, if it was known; and the Maine was not an acceptable visitor ; for, however this nation might be moved either by avarice or humanity, it might annoy Spain in its purposes. De- stiuction of the ship and all on her would strike terror to the na tion of shopkeepers and soft humanitarians, and make them stand aloof from meddling with Spain, which gloated in terrible deeds of war and blood. The United States, abhoring scenes of blood, the duel, the cock fight, even the public meeting of two men to fight with fists, under careful rules, would seek an excuse to avoid collision with warlike Spain ; whose fleets encircled the world ; and 30 whose army in Cuba, 3,000 miles from home, was nearly ten times as great as the army of the United States. The motive — the weapon — the opportunity — and the result. Many a murderer, convicted on less evidence, has confessed before he has been executed for the crime. The catastrophe fell ; and both before and after it the officers of Spain, in public gatherings and dinners, rejoiced, and celebrated the destruction of the Maine. One man of the Maine, on whom fell the immediate duty of caring for the wreck, the wounded and the dead, retained his head. From the hour of the explosion, he would not place a foot, in peace, on Spanish soil. Gloom filled him ; his work proceeded ; and like a spectre he regarded the wreck, the castle, the town, and the power of Spain. He knew his ship and all his companions had come, with safety guaranteed ; had been placed by the government, which was the guarantor ; and had been blown up. And Spain had done ab solutely nothing, to turn aside the prima facie proof of guilt. The child standing among broken dishes, with his ball bat in his hand, is not more infantile in his surmise — "I guess they must have broke themselves"- — than was the government of Spain, in its in difference to and explanation of the calamity — done in its very hands. * Wainwright knew that his companions had gone where they •were sent by the United States; had rested where tbey were placed by Spain; and, in an instant, had been destroyed. And Spain had not cleared it up. Spain had not shown where her mines were placed. The Gloucester. Lieutenant Commander Wainwright. At the battle of Santiago, the smallest and weakest ship of the beleaguring force, was the Gloucester, a converted yacht, of 786 tons. So weak, that a one-pounder automatic gun, would destroy her. Her place in the blockading squadron was at the eastermost point, and the nearest to the shore ; half way between tbe battle ship Indiana and the land. She was at the point where she was placed by Admiral Sampson ; but she was so long and light she would not' keep her head up against the wind, and when the Maria Teresa came out, her stern, and not her prow, was pointing to the harbor. 31 The admiral's order of June 2d, was the standing .order, to her, with the other blockading ships : "If the enemy tries to es cape, the ships must close and engage, as soon as possible; and endeavor to sink his vessels, or force them to run ashore in the channel. It is not considered that the shore batteries are of suffi cient power to do any material injury to battleships." This yacht was nearest the Morro, and any gun on it was powerful enough to sink her. This was the order, and the only order, for her conduct. At 9 :37 the Maria Teresa appeared. As soon as it was pos sible the engines of the Gloucester were moving at full speed, and the little ship was turning to "close and engage." As the arrriored cruisers came on (from the first of which the powerful Brooklyn turned), she threw her little three and six-pound shells at them. There was temptation to shoot under the stern of the last cruiser, and try to damage the steering gear or propellor. But the big ships were engaged and in the smoke ; and tbe commander of the Gloucester had his head with him. He looked for the destroyers, who might follow and torpedo our battleships, or escape to the south or eastward ; so he slowed down, and kept east of the Indi ana, and raised his head of steam, till the Pluton and the Furor came out. Then he read a signal on the Indiana ; which told him, that he might pass the Hne of fire of the Indiana without danger from her guns ; and the little ship was pushed forward with a speed which she increased to seventeen knots to close with the two of the most modern war ships in the world, either of which would alone have been a match for the attacking ship. An auto matic one-pounder was swinging closer and closer, till its rain of shot was within sixty feet of the Gloucester. Had they come the sixty feet nearer, they would have destroyed her. Shot and shell from the ships whistled about her ; and shell from the batteries on shore played around her, as she neared the destroyers ; but there was no stay — "close and engage as soon as possible and endeavor to sink the enemy's vessels" was the order obeyed. The Teresa and Oquendo turned. Lieutenant Huse called attention to it, and he and Wainwright, both, thought they were turning to escape back into the harbor, and would pass, so that they would destroy the Gloucester at close range. There was time for the Glouceste,r to turn and escape, as the Brooklyn had done when the Teresa pointed toward her. The Gloucester did not swerve ; but, faster and faster, closed in with the destroyers, so that they would be sunk with the Gloucester, by the fire of their own vessels. And all the time, every 32 gun, watched by the Commander, was kept up to its utmost power of destruction. The shots told so that the enemy could not hit the Gloucester. The distance was reduced to 600 yards, and nearly all her shots struck their mark. Disaster to her was not to be. The Teresa and Oqendo sought the beach, the Pluton, worsted, ran upon the rocks. The Furor disabled and uncontrollable rushed in circles, and surren dered ; and, a little later, threw her head high in the air, and sank in the deep ocean. The order for the battle had been obeyed. Just as the Furor became uncontrollable the New York, com ing up from the east under the fire of all the batteries, fired two or three shots at her ; and the Admiral seeing that the eastern ves sels of the fleet were defeated and would not escape, kept on under high speed, through the fire of the Socapa battery, to mark how the Indiana, Oregon, Iowa and Texas bad obeyed the order for the fight. In all the naval battles of the world there have been few more perfectly described by the statute for promotions "for eminent and conspicuous conduct in battle, or extraordinary heroism" than Wainwright and those under his command. The professional opinion of The Admiral, under whose eye the Gloucester's whole battle was fought, is given in his report of July 19, 1898 (Appendix, 508) : "The skillful handling, and gallant fighting of the Gloucester, excited the admiration of every one who witnessed it, and merits the commendation of the navy department. She is a fast, an en tirely unprotected auxiliary vessel — the yacht Corsair — and has a good battery of light rapid-fire guns. She was lying about two miles from the harbor entrance to the southward and eastward, and immediately steamed in, opening fire upon the larger ships. Anticipating the appearance of the Pluton and Furor the Glouces ter was slowed (thereby gaining more rapidly a high pressure of steam), and when the destroyers came out she steamed for them at full speed, and was able to close to short range, while her fire was accurate, deadly and of great volume. "During this fight, the Gloucester was under the fire of the Socapa battery. "Within twenty minutes from the time they emerged from Santiago harbor, the careers of the Furor and the Pluton were ended, and two-thirds of their people killed. The Pli^ton was 33 beached and sunk in the surf. The Furor sank, in deep water, a few minutes later. "The destroyers probably suffered much injury from the fire of the secondary batteries of the battleships Iowa, Indiana and Texas; yet I think a very considerable factor in their speedy destruction, was tbe fire, at close range, of the Gloucester's battery. "After rescuing the survivors of the destroyers, the Glouces ter did excellent service in landing and securing the crew of the Infanta Maria Teresa." In his report to the Admiral, of July 6, 1898, Commodore Schley said: "The dense smoke of the combat shut out from my view the Indiana and Gloucester; but as these vessels were closer to your ftagship, no doubt their part in the conflict was under your imme diate observation." (Id., 518.) The other eye witnesses to the work of the Gloucester in this battle, in addition to the Admiral, were those on the Indiana, the Iowa and the Texas, whose captains respectively mention it in their reports (pp. 531, 538, 528), Captain Taylor, of the Indiana, speaks of the odds against which the Gloucester fought (p. 531) : "We then devoted our attention to prevent the escape of the de stroyers, which appeared m,ore than a match for the Gloucester , she being the only small vessel near, to engage them." Of course those on the New York were witnesses of the Gloucester's fight. Captain Chadwick mentioned it in his report, of the part taken by his own ship (p. 520). THE BIG SHIPS. Pages 135 and 136 of the pamphlet containing the letter of the Secretary of the Navy to the President of the Senate, dated Feb ruary 6, 1899, and papers annexed, show that the Admiral recom mended, that each officer commanding a big ship be advanced five numbers, etc. ; and stated that the conduct of all the commanding officers was (as evidenced by the destruction of every ship of the enemy') such as to call for such recognition. He also said "though the Massachusetts was not in the action, the destruction of the Spanish squadron was the inevitable out come of weeks of arduous and dangerous blockade which had no precedent in its method, and of which that ship bore its full part," 34 The Admiral has presented a question of law, as well as the question whether such promotions are politic, and will tend to ac complish the purposes for which the statute was passed. The statute provides for such promotions, only "for eminent and conspicuous conduct in battle, or" (for) "extraordinary hero ism" anywhere. If the extraordinary heroism was limited to battle the words "in battle" would have been placed at the end of the sentence. Ward and Victor Blue are believed to have exhibited extraordinary heroism. Such an engineer as that of the Prairie Belle might save an army or a ship, by extraordinary heroism. There is a story of McCalla standing over the magazine of his ship (years ago) when fire was working into it, while volunteer members of the crew, under his guidance, stopped the fire. Such an act might be so done by an officer or men as to be extraordinary heroism. The President nominated four persons to be advanced for ex traordinary heroism, namely : Captain Charles D. Sigsbee to be advanced three numbers. Lieutenant Cameron McR. Winslow five numbers. Lieutenant Edwin A. Anderson five numbers. Liejitenant Victor Blue five numbers. Captain Sigsbee on the St. Paul, alone blockading San Juan, maneuvered against a Spanish cruiser and the destroyer Terror, and almost destroyed the latter under the protection of batteries of modern 8 and lo inch guns, with eminent and conspicuous skill in the battle, in which the slightest mistake would have lost bis ship. It was eminent and conspicuous conduct in battle. (Ap pendix, 220-3) ; but the nomination was placed on the ground of extraordinary heroism. Lieutenants Winslow and Anderson had charge of cable cutting boats at Cienfuegos, and Lieutenant Blue penetrated to Santiago, and reported on the Spanish fleet. The admirals determined that Lieutenant H. H. ^Ward is entitled to be advanced ten numbers. He remained in Spain and reported the conditions, etc., of the Spanish navy, which was ex traordinary heroism in the service of his country. But the question of law and politic action, now under con sideration, is under the other clause. 35 Can and should the Captains of the big ships be promoted for eminefit and conspicuous conduct in battle? In the first place there are not many of them : the New York, Massachusetts, Indiana, Oregon, Iowa, Texas, Brooklyn. The New York cost $2,985,000; the Massachusetts, $3,020,000; the Indiana, $3,020,000; the Oregon, $3,222,810; tbe Iowa, $3,010,- 000 ; the Texas, $2,500,000 ; the Brooklyn, $2,986,000. By the time they are fully armed and equipped, the expense added is so great, that they are called five million dollar ships. A man, fit to command one of them, carries a good deal of eminent and conspicuous conduct with him all the time. They require the working of about as many mechanical appli ances, and of as varied mechanical attainments, as the operation of the largest trunk line railroad, or the largest steel or iron works. And a man fit to run one would, with his training in a little different direction, be fit to manage big railroads or works. The Fair in Chicago pays its general manager $25,000 a year, and he has nothing to do with the finances. The Federal Steel Com pany pays its president $50,000 a year. The United States needs to keep in its employ men competent to command a five million dollar ship in battle, and not make a mistake. It is true that the naval officers are educated by the United States, that they have a steady job, and sure pay. But in ordinary life, railroads and business establishments are constantly hiring away the best men from other railroads and business estabUsh ments, or attempting it. It seems expedient for the United States to recognize abso lutely perfect conduct in battle, by the captain of a big ship. It is probable that Admiral Sampson did not reason it all out in this way, but he got to the result with straight "horse sense," just as the one in actual control of a great railroad, steel works or store would have done; and he blurted it out with the fewest words : "That each officer commanding a big ship be advanced five numbers." The question of the policy of such promotions is hardly res integra. The discussion is handicapped by three precedents. Every commander of a ship in Dewey's Squadron was pro moted, though it could not be known that any one ship (except the little gunboat Petrel) had sunk a Spanish ship. 36 For extraordinary heroism in a steam launch that accom panied the Merrimac when Hobson sunk her, June 3d, Naval Ca det Joseph W. Powell was advanced two numbers, and confirmed June 28, 1898 ; and for eminent and conspicuous conduct in bat tle at Cardenas, on May 11, 1898. Lieutenant John B. Bernadou was advanced ten numbers and confirmed, July i, 1898. The naval power of Spain was not destroyed nor broken un til its main fleet was overcome off Santiago, and, the precedent having been made, fairness requires that the men shall be treated alike, and that those who killed the big ships of Spain shall be honored in the same manner and degree with the others. The Admiral has specially mentioned the Massachusetts, and given his reason why her captain should be promoted. Do the facts stated by the Admiral, as furnishing the reason, show that the conduct of her commander was conduct in battle ? We will state the facts more at iarge : In May, 1898, the whole effective naval force of Spain, which had crossed the Atlantic (except the destroyer Terror), en tered the harbor of Santiago, namely: the Colon, Teresa, Viscaya, Oquendo, Mercedes, Furor and Pluton. On the 29th the Commodore sighted the Cristobal Colon in the harbor, another of the Viscaya class, and the tops of another, etc. (Appendix, 404.) On May 31, the Commodore having transferred his flag to the Massachusetts, she with the Iowa and New Orleans stood in "to injure or destroy the Colon." The Commodore says they went in until their distance was about 7,000 yards, and fired at her. (Appendix, 427, 428.) The Captain of the Massachusetts says, that at daybreak on the 29th, they made out a man-of-war lying at anchor inside the harbor entrance, and later a second man-of-war and two smaller vessels ; that on the 30th the enemy were still in sight in the en trance; the Massachusetts, New Orleans and Texas in column on the blockade; that at 11 a. m. the signal was made from this vessel : The Massachusetts, New Orleans and Iowa will go in after dinner to a distance of 7,000 yards, and fire at the Cristobal Colon with 8 12 and 13 inch guns." At i :3o p. m. the Ma'ssa- chusetts (leading), the New Orleans knd the Iowa steamed in to 37 about 8,000 yards ; then turntu, passed the entrance, and opened fire ; the range used increasing from 7,500 to 9,500 yards. They turned southward, headed west, and passing again, fired toward the ships. (Appendix, 416, 4^^ .) The commander of the Iowa says that May 29 at 7:40 they sighted a man-of-war in the entrance to the harbor, and during the forenoon made out the Cristobal Colon and two vessels of the Viscaya class; that on May 31st, the range, at which their guns were first fired, was such that the sights were set for 8,500 yards ; but the shots fell short, and they were set at 9,000 yards during the run. During the second passage, the sights were first set for 9,500 yards and increased to 11,000, and nearly all tbe shots fell short. (Appendix, 419, 420.) The enemy returned our fire from ships and batteries, but without any effect. (Id., 417.) , If that was a battle, where all the shots fell short or missed on both sides, there was no eminent or conspicuous conduct, which can be noted from the reports. Seven thousand yards is four stat ute miles; 8,000 yards is above four and a half; 9,000 yards is above five and a quarter; and 11,000 yards is six and a quarter statute miles. All of them appear to be safe distances. The distance, from the harbor, at which the blockade was kept, prior to the first of June, is not very clear ; apparently, the unprotected cruiser Marblehead lay six miles off from the en trance to the harbor, and the big ships, from one to three miles farther off. (Appendix, 426, 416, 404.) The Assembly. When the health of Admiral Sicard became such that he felt obliged to withdraw from the position of commander of the naval force of the North Atlantic Squadron, it naturally devolved upon the next in command. Captain William T. Sanipson. He had, doubtless, exercised such power, during the illness of his pre decessors, as the squadron was at sea. On the 26th of March, 1898, at Key West, by direction of the Secretary of the Navy, Captain Sampson formally assumed the command, and hoisted his pennant, on board of the armored cruiser New York. (Ap pendix, 163.) This was, as a temporary arrangement, pending the selection of an officer to command the fleet in war; it was authorized by Section 1434 of the Revised Statutes. 38 It is said that the Secretary of the Navy then wrote to each commander of a ship in that fleet, asking who he would desire to have command the fleet in which he was to serve ; and that all but one, named Captain W. T. Sampson in their replies. This was a novel, but a republican method of election. It was conducted by the secret ballot. It was an ideal election, in that the voters were intelligent; were acquainted with the quali fications of those they might name; were deeply interested — for their success or failure in life might depend on the commander they got ; were uninfluenced, for there were no parties, no candi dates and no caucusing ; and .voted at their leisure, in writing, and by a sealed ballot. April 2 1st, Captain Sampson was assigned to command the naval forces, with tbe rank of rear admiral, and was ordered to hoist the flag of a rear admiral. He received the appointment and order, by telegraph, at Key West ; and April 22d, off Havana Har bor, he delivered the President's proclamation of blockade, with proper orders to the several commanders under him. (Appendix, 167-8.) May 28th, the Secretary of the Navy telegraphed to the Ad miral : "Schley telegraphs from Santiago de Cuba, he must go to Key West, with his squadron for coal. * * * How soon, after arrival of Schley at Key West, could you reach Santiago de Cuba with New York and Oregon, the Indiana and some lighter vessels, and how long could you blockade there ?" * * * * !|C "Consider if you could seize Guantanamo and occupy as a coaling station." (Appendix, 398.) He answered: "Three days. / can blockade indefinitely. "I think that I can occupy Guantanamo. "Would like to start at once with New '7 ork and Oregon, ar riving in two days." (Appendix, 399.) Permission was granted the same day. (Id., 399.) The hour of the day is not given, and two days from receipt of the telegram must have been at evening or night of May 31st. The log of the Marblehead reads : "June 1st. Blockading off Santiago de Cuba until 4:45 a. M. when smoke was sighted to the eastward, which proved to be the New York, Oregon and Mayflower." (Id., 427.) 39 The Admiral had got there. It was but two days and a very few hours after permission to start was given, when the New York and Oregon and little May flower, were there to blockade and to fight the entire naval power of Spain. They had come nearly a thousand miles, and if the ocean had been as naked of ships as they thought it was, there would prob ably have been a naval battle developed in less than thirty-three days ; and a chance to mention extraordinary heroism in battle. There was no delay when the admiral was summoned. There was no danger in the perilous service he proposed, in which he did not intend to share. It happened that the Massachusetts, Iowa, Brooklyn, Texas, New Orleans, Marblehead, Vixen, etc., were still off Santiago. The Blockade. June 1st the Admiral arrived with the New York and the Oregon, and shortly after that he placed the ships in battle array, within reach of the guns of the fortifications, and issued orders for their guidance by day, by night, in case the enemy's ships should come out, and for other contingencies. And in addition to these maneuvers, for the destruction of the enemy, he ordered some particular attacks. Was this a battle from about lune ist to the destruction of the fieet luly 3d, within the meaning of the statute? The Admiral said, in his report of July 15, 1898: "I regard this complete and important victory, over the Span ish forces, as the successful finish, of several weeks of arduous and close blockade; so stringent and effective during the night, that the enemy was deterred from making the attempt to escape at night, and deliberately elected to make the attempt in daylight. "That this was the case, I was informed by the commanding officer of the Cristobal Colon. "It seems proper, to briefly describe the manner, in wlych, this was accomplished. "At the time of my arrival before the port, the moon was at its full ; and there was sufficient light, during the night, to enable any movement outside of the entrance to be detected. 4© "But with the waning of the moon, and the coming of dark nights, there was opportunity for the enemy to escape, or for his torpedo boats to make an attack upon the blockading vessels. "It was ascertained that the Merrimac, so gallantly taken into the channel, on June 3d, did not obstruct it. "I therefore maintained tbe blockade as follows : "To the battleships was assigned the duty, in turn, of light ing the channel. "Moving up to the port, at a distance of from one to two miles from the Morro, the distance depending upon the condition of the atmosphere, the lighting ship threw a search-light beam directly up the channel, and held it steadily there. "This lighted up the entire breadth of the channel, for half a mile inside of the entrance, so brilliantly that the movement of small boats could be detected. "Stationed close to the port were three picket launches ; and, at a little distance farther out, three small picket vessels; and, when they were available one or two of our torpedo boats. "With this arrangement, there was a certainty that nothing could get out of the harbor undetected. "After the arrival of the army, when the situation forced, upon the Spanish admiral, a decision, our vigilance increased. "The night blockading distance was reduced to two miles for all vessels ; and a battleship was placed alongside the searchlight ship, with her broadside trained upon the channel, in readiness to fire, the instant a Spanish ship should appear. "The commanding officers merit the greatest praise, for the perfect manner, in which they entered into this plan, and put it into execution. "The Massachusetts, which, according to routine, was sent that morning to coal at Guantanamo, like the others, had spent weary nights upon this work, and deserved a better fate than to be absent that morning." (Appendix, 509, 510.) During the Boer war, military critics have been telling us, that with modern long-range arms, of great precision, battles are liable to be spun out over months of time: — one or both parties aiding their defense or attack by moving or lying behind protec tions, and making one step in the battle to-day and another a week hence, etc. A writer in London (February 24, 1900) says: "The birth of this new martial era is now chronicled in all tbe letters coming 41 from the front, which are based upon sound military judgment, that war has been stripped of the greatest part of its exhilaration, and its individual and collective heroism." He quotes from a letter : "The Boer fights with his head, seldom with his muscles ; our men fight with their muscles, seldom with their heads. They have come out here determined to earn a Victoria cross, or to dis tinguish themselves by displaying conspicuous bravery in the field. It is magnificent, but it is not war. The brain will have to win the battles." The London writer comments: "It is a change which robs war of half its martial glory, a change which minimizes valor, and substitutes the cool, silent brain of a good chess player, for the charge of the light brigade." In the Cuban war, valor and heroism were recorded, equal to the times of romance; but in the navy, experience, learning and thought must control. the great scientific forces, must produce and educate skill as well as power and endurance in muscle in bone and nerve and -eye, must develop combination of purpose and action in men and use in material things ; or else the highest valor, and the purest heroism, may be only blind and useless sacrifice, like the charge of the light brigade. This combination, of qualities with numbers, bad so grown up in the navy of the United States that Lieutenant Winslow, writing of the volunteering to cut the cables at Cienfuegos, says : "I believe that there could be no situation, however hazardous, where the enlisted men of our navy, would not gladly accompany their officers." (The Century Magazine, March, 1899, p. 711.) The heroic lieutenant unconsciously gives a picture of the combination of this modern war. The men knew him and Lieu tenant Anderson, who were to go with them. All the selection of men and materials, and methods of action on the spot was left to his head; except that they must not go on shore. All knew the capacity of their ships and armament and crews; and rested se cure in what they knew of the superior and commanding officers, who would remain with the ships. The ships were (as they be lieved they would be) in exactly the right place. The Marblehead against the entrance of the harbor, would fight any Spanish man- of-war or boat, that might come out; and was placed just right to unite in giving, with tbe Nashville, the most perfect aid to them, against the infantry and artillery on shore. The boats were directly in front of the rifle pits and hardly a hundred feet from them. The cannonade from the ships passed 42 close over their heads. The shells of the Marblehead could hardly have come closer without hitting the boats. "We realized that we had to take the chance of an accidental hit from our ships, or re ceive the fire of the enemy at pistol range. And the men worked on in disregard of both." (Id., 715.) The enemy had been re-enforced. Fifteen hundred Mauser rifles with machine guns, and with smokeless powder, had been brought against them, and were getting in their work at very short range, the bullets hitting the boats and water around them, and decimating the crews. The ships were firing swiftly — furiously to check that fire — and under all that — no man knowing but he or all might, in the next instant, be called by the deadly messenger — it was necessary to man the oars and pull the boats clear of the break ers. "The men were perfectly cool and showed no sign whatever of fear or uneasiness." And they calmly moved from under that blizzard of missiles, to tbeir ships, (p. 716.) It is a picture of the combination of modern war. The mutual confidence, and mutual dependence, necessary where mariners meet the duties and perils of the sea, are infinitely increased by the additions of modern science to the material con ditions of modern war. "Section 1506. Any officer of the navy, may, by and with the advice and consent of the Senate be advanced not exceeding thirty numbers in rank for eminent and conspicuous conduct in battle." The use of the words "eminent" and "conspicuous" has changed with the introduction of rifles, that can shoot through a tree or a stone wall, and send a bullet farther than a man can see another. Yet the intent and meaning of the statute remains ; and the conduct which wins the battle is within that meaning. The modern conduct, that fits the officers and men and all the appli ances, through repeated exercise, and continues the influence, while the decisive action is fought under orders given long be fore — and watches to see those plans executed, and to supply any failure, must be such conduct, as the statute now contemplates, or there can be no such approval given to the conduct of the higher officers. The coaling of a battleship is as much a part of her action in any service (if needed), as supplying ammunition to artillery or troops on land. It was to be necessary for the fleet to act in concert with the land forces ; and as there were ships enough for effective blockade 43 it was better that the Admiral be on or near the flagship, when con sulting with the army, to be ready for any plan agreed on or any emergency ; and the movement of the ship, for such purpose, might be a maneuver in tbe battle itself. The Thirty-Three Day Battle. June 2 the order, under which the final conflict was con ducted, was issued by the Admiral. "The fieet off Santiago de Cuba will be organized during the operations against that port and the Spanish squadron, as follows : First Squadron (under the personal command of the commander- in-chief), — New York, Iowa, Oregon, New Orleans, Mayflower, Porter. Second Squadron (Commodore Schley), — Brooklyn, Massachusetts, Texas, Marblehead, Vixen. "Vessels joining subsequently will be assigned by the com mander-in-chief. "The Vessels will blockade Santiago de Cuba closely, keeping about six miles from the Morro in the daytime, and closing in at night, the lighter vessels well inshore. "The first squadron will blockade on the east side of the port, the second squadron on the west side. "// the enemy tries to escape, the ships must close and en gage, as soon as possible, and endeavor to sink his vessels, or force them to run ashore in the channel. "It is not considered that the shore batteries are of suffi cient power to do any material injury to battleships. "In smooth weather the vessels will coal on station. "If withdrawn to coal elsewhere, or for other duty, the block ading vessels, on either side, will cover the angle thus left vacant." (Appendix, 481, 511.) A diagram accompanied that order of battle, showing the position the ships were to occupy, (p. 482.) On June 2 the Secretary advised the Admiral that an army of 20,000 men, with artillery and cavalry, expected to start from Tampa, on June 4th. (p. 482.) June 3 the Merrimac was sunk. It afterwards appeared that she had gone beyond the narrow place in the entrance, and did no good. (Id., 437, 495.) 44 The Admiral telegraphed the Secretary of the Navy : "Beg troops to move with all possible celerity. Six ships, the Spanish Squadron in the harbor of Santiago, are unable to avoid being captured or destroyed." (Id., p. 483.) "Observations to-day, by a reliable Cuban, in accordance with my instructions, make four Spanish armored vessels, and- two Spanish torpedo destroyers in Santiago." The Admiral then gives number of Spanish forces, etc., in garrison. (Id., 483.) The communication of the Secretary of the Navy to the Admiral, of May 6, is here to be remembered. "The Department is perfectly willing that you should expose your ships to the heaviest guns of land batteries, if, in your opin ion, there are Spanish vessels of sufficient military importance, protected by these guns, to make an attack advisable; your chief aim being, for the present, the destruction of the enemy's prin cipal vessels." (Id., 367, 368.) June 4, the battle line was pushed in closer. The Admiral ordered: "The Texas, Massachusetts, Iowa and Oregon will take position 4,000 yards" (2 marine, 2^ statute miles), "from Estrella Point, and opposite the entrance to the port of Santiago, in the order named, from west to east ; in such posi tion as to be able to observe the wreck of the Merrimac, and will fire upon any parties which may be seen working about it. "If fire be opened, by the batteries, it will be returned, and an endeavor made to destroy tbem. "In case of opening fire upon the batteries, the Brooklyn, Marblehead and the Vixen will take an enfilading position 4,000 yards to the westward of the entrance and well inshore, and the New York, New Orleans and the Yankee a similar position to the eastward, and will engage the batteries at the same time with the battleships." (Id., 511, 512.) , June 5. Launches were sent in at night to picket the entrance to the harbor. (Id., 512.) The Admiral gave an order for the Brooklyn, Marblehead, Texas, Massachusetts as tbe westem column; and tbe New York, Yankee, New Orleans, Oregon and Iowa as the eastern column to engage the batteries on the morrow, at the same time taking bearings and distances with all practicable accuracy. (Id., 484.) 45 June 6. The engagement began at 7 :38 a. m. The flagship New York began at 6,000 yards, and soon ran within 3,000 (one and a half marine miles), and finally approached to 1,900 yards range (less than a mile). (Id., 438-9.) The Massachusetts was of tbe western column. The execu tive officer reports : "Following the flagship, and other ships of the west squadron, we countermarched twice, and were upon the firing line three times. The first time the range was over 5,000 yards. The third time, the range was 3,200 yards and nearly con stant, and our fire was correspondingly more effective during that time." (Id., 439.) The Admiral reported by telegraph: "Bombarded forts at Santiago to-day from 7 :30 to 10 a. m., and have silenced works quickly, without injury of any kind, though stationed within 2,000 yards." (Id., 485.) The log of the Colon shows that several men were sent to the hospital from the Mercedes ; that Commander Costa, the executive and five men of that ship were killed, and two ensigns and 12 men wounded. (Id., 434.) June 7. General order No. 9, — containing a careful system of signals, for the event of one or more Spanish ships coming out, to ensure their destruction; with directions, that all officers will familiarize themselves with the "chase" signals in the general sig nal book, — was issued by the Admiral. (Id., 517.) The cordon tightened. "Three picket launches, detailed from the ships of the squad ron each evening, will occupy position one mile from the Morro — one to the eastward, one to the westward, and one to the south ward, of the harbor entrance. "On a circle drawn, with a radius of two miles from the Morro, will be stationed three vessels : the Vixen to the westward, from half a mile to a mile from the shore; the Suwanee south of the Morro; and the Dolphin to the eastward, between half a mile and a mile from the shore. "The remaining vessels will retain their positions already occupied, but they will take especial care to keep within a four mile circle. (Signals are provided for, and keeping the engines in readi ness.) "I again call attention to the absolute necessity of a close blockade of this port, especially at night and in bad weather. In 46 the daytime, if clear, the distance shall not be greater than six miles ; in the night, or in thick weather, not more than four miles. "The end to be attained justifies the risk of a torpedo attack, and that risk must be taken. "The escape of the Spanish vessels at this juncture would be a serious blow to our prestige, and to a speedy end of the war. "Attention is called to the provisional signals established by general order number 9." (p. 485-6.) June 8, a new blockading power was introduced: The .Search Light. The Admiral reported: "This was undoubtedly one of the most important elements in making the blockade successful, in that it made it impossible (as was stated on board the New York, by the Captain of the Colon) for the Spanish squadron to leave at night. "The entrance was, by this means, brilliantly lighted, so that the movements of the smallest boat could be seen within. "A later modification, kept a second battleship close to the illuminating ship, so that the first of these two should be able to use her guns, without disturbing the illumination." (Id., 486.) The log of the Colon, from this day to the third of July, speaj saw the stopping of the Texas, to let tbe Brooklyn pass. (P- 75-) From "the Teresa, in doubling Cay Smith only the Texas could be seen, and soon afterwards the Iowa." (Concas, j). 72.) As Captain Concas then stood on the conning tower of the Teresa, leading the attack upon our ships, it is probable that Captain Philip was correct in his report (Appendix, 528) : "At 9 :35, the Morro, bearing N. by E. -J E., distant 5,100 yards, fhe enemy's ships were sighted standing out of the harbor. "Immediately, general signal 250 was made :" (Enetay's ships coming out, p. 517.) "This signal was followed by the Iowa's, al most at the same time." 69 "The ship a.y per order" (pp. 514, 481) "was heading in toward the entrance ; and went ahead full speed, putting helm hard a starboard, and ordering forced draft on all boilers — ^the officer of the deck having given the general alarm, and beat to quarters for action, at the same time." (Appendix, p. 528.) Captain Philip writes : "The battle was a direct consequence of the blockade. And upon the method and effectiveness of .the blockade was very largely dependent the issue of the battle." "When the Spanish Admiral at last made his dash to escape we were ready — ready with our men, with our guns, with our engines." "The Texas was churning a white wake, before the first black prow of Cervera's squadron had fairly showed around Puntilla. Within three minutes of the time when the alarm was given, she was under way at full speed, and firing with every man at his post." "I was half way up the steps leading from the cabin to the main deck, wben the gongs sounding tbe general alarm smote my ear, with a fierceness that made me jump. On deck, officers and men were running to tbeir assigned stations in time of action. I heard some one cry — they are coming out. Glancing toward the Morro, I saw three wreaths of smoke, blackening the blue sky over tbe bills. It was just 36 minutes after 9 by our clock. The ship was already under way, headed in. From our signal halyards flew the flags, representing general signal No. 250 : — The enemy is at tempting fo escape. Just as I reached the bridge, the foremost, of the advancing Spanish ships, poked her nose around Puntilla. As she swung around, she fired, and almost immediately, afterward, our forward six-inch spoke. The first shell fired, by Cervera, threw up a column of water short of us, and between the Texas and the Iowa. On each- side, of the Texas, tbe Brooklyn, and the Iowa, were coming up, with a tremendous rush. The dash of these two ships, as soon as the alarm was given, straight for the enemy, with cascades of water pouring away from their bows, was one of the most beautiful sights of the battle. Farther east the Oregon and the Indiana were also headed in, ready for business. From some of the ships fluttered the same signal that we displayed — the enemy is attempting to escape." (The Century Magazine of May, 1899, pp. 88, 89.) Who set the battle in array? What conduct, of commanding officers of ships, could be more 70 eminent and conspicuous, than that, which permeated every part, and burst spontaneously into execution of the Admiral's order, for the exigency, and then directed the ship in the midst of the battle, as tbe battle required ? We will read a little farther in the Captain's narrative of the battle : "The first shots of the Texas were directed at the Teresa at long range, as we were steaming almost direct for tbe harbor en trance. "In a very few minutes the engagement had become general. "Every one, of the Spanish vessels, fired as she came broad side on, in rounding the western point of the harbor entrance ; and the whistle of the shells, over our heads, became unpleasantly fre quent. Occasionally, I saw a column of water shoot straight up in the air, where one of their shells had struck near the ship ; but, as nearly as I could tell, most of their shots bad too great elevation, and were passing harmlessly over us. "/ had altered the Texai' course to fhe westward, seeing that that was the direction in which the Spanish squadron was going. "Then occurred the incident tbat caused me more alarm than anything Cervera did that day. "As the Texas veered westward, tbe Brooklyn was plowing up tbe water, at a great rate, in a course almost due north, direct for the oncoming Spanish ships, and nearly a mile away from the Texas. "The smoke from our guns began to hang so heavily and densely over the ship, that for a few minutes we could see nothing. We might as well have had a blanket tied over our heads. Suddenly a whiff of breeze, and a lull in the firing, lifted the pall, and there, bearing towards us 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 tbe Brooklyn. "She looked as big as the Great Eastern, and seemed so near, that it took our breath away. "Back both engines hard — went down the tube to the aston ished engineers ; and, in a twinkling the old ship was racing against herself. "The'coUision which seemed imminent was averted, and as the big cruiser glided past, all of us on tbe bridge gave a sigh of relief. "Had the Brooklyn struck us then, it would have been an end of the Texas and her half thousand men. Had the Texas rammed 71 the Brooklyn it would have been equally disastrous ; for the Texas was not built for ramming, and she would have doubled up like a hoop. "This happened about a quarter to ten." (Tbe Century Mag azine of May, 1899, pp. 90, 91.) "From that time on the Texas did her part in the battle with the Spanish ; and, when the Colon alone was escaping, something might happen to the Oregon; it was very clearly the duty of the Texas to keep along in the chase, with all her energies. It gives me pleasure to be able to write, tbat, old ship as she is, and not built for speed, the Texas held ber own and even gained on the Colon, in that chase." (Id., p. 94.) Captain Concas writes : The Colon "was closely pursued by the Oregon, which could sink her without herself receiving the least injury, and the Brooklyn, an armored cruiser, of more speed and better armament, and the New York and the Texas, steadily gaining on her; a powerful combination from which it was impos sible to escape." (Concas, p. 78.) On the 6th of July, about midnight, the Texas and the Massa chusetts being on searchlight guard, at tbe mouth of Santiago channel, the cruiser Reina Mercedes was seen by tbe Massachu setts, coming out of tbe harbor of Santiago ; both ships opened fire, and there, in the darkness, the last Spanish man-of-war was sunk opposite Estrella cove. (Appendix, 557-8.) (The Reina Mercedes was a protected cruiser of the same dis placement as the Boston, and having been raised and repaired she now classes with the Boston, New Orleans and Baltimore, as a second-rate, in our navy.) The New York. The cost of tbis ship has been given above as $2,985,000, one thousand dollars less than the Brooklyn ; these figures being given by the first book of statistics at hand ; another statistician gives tbe cost as $3,249,224.45 ; making her the most costly ship in the navy. She is an armored cruiser, and swift. In some respects her armor is slightly heavier than the Brooklyn ; but the latter, being more re cently built, is a better ship, is larger, is swifter, and carries a heavier battery. Still the New York is a magnificent ship, and is the strongest and best ship, in the navy, but the battleships and the Brooklyn. 72 Commanded by Captain Chadwick, in the war with Spain she was in action — April 27th with the batteries at Matanzas. (App., 181, 182.) May 13th with the forts at San Juan, Porto Rico. (378, 379.) June 6th with the forts and batteries at Santiago. (438.) • June i6th with the forts and batteries at Santiago. (453-4.) July 1st at Aguadores. (455.) July 2d with forts and batteries at Santiago. (456.) July 3d in the battle with Cervera's fleet. (520-522.) In each engagement witb forts and batteries she led the at tack. In the action at San Juan, and in each of the tbree engage ments- with the forts and batteries at Santiago, she ran in, to with in 1,800 yards. A distance whicb, at Santiago, was as near as it was possible to be, and see the guns of the enemy, because of their position on the bluffs. These engagements developed the force of those batteries ; and made the fleet ready to cut out the Spanish fleet from under them, whenever it should come out from the mine fields. Captain Chadwick writes of the actions of the ship on July 3d, when the Spanish fleet was destroyed: "The flagship was turned for Siboney, accompanied by the Hist and the torpedo boat Ericsson, in order tbat the Admiral and his staff might meet the appointment, made with General Shafter, to discuss combined operations against the entrance, so that the fieet might enter and destroy the Spanish Squadron. "The officer of the deck sent word asking if he should in crease the speed. But he was told to go at an easy gait; which was fortunate, in that — when the Admiral, who was on deck, saw the smoke of a shot inside the entrance, we were not so far away as we otherwise should have been. "I was just coming from below, when I saw thaf the ship had begun to turn. I at once went forward, sending word to t^e chief engineer to get up all tbe steam possible. "In the time of telling this, all hands were at their stations for action. "As I reached the bridge, tbe chief quartermaster said : there comes the second ship. ¦ "He called them one by one. as they appeared. "There came a considerable interval before the torpedo boat' destroyers appeared. 73 "All stood westward, well under the land. "Our ships, by this time, had also taken a parallel westerly course. "Every ship was clearly visible, a cloud of smoke hanging about each. "It seemed to me only a few moments, when Ensign Brumby, my aide, said to me : There is one of the Spanish ships turning in shore afire ; and only a few moments after : there is another. And tbe Teresa and Oquendo were on the beach, having made but six and six and a half miles, respectively, from the harbor entrance. "Appeals were being sent by messenger, by voice tubes, and by telephone, to the engine room, to rush the fires. "We had started with steam on four of the six boilers, and hot water in the fifth. The sixth was ready for lighting; whicb had been done at once. "The New York and the Brooklyn bave the peculiarity of having four sets of engines. "The two after sets are used ordinarily, and with these the New York can make a good seventeen and a half knots, as was done later that morning. "We were rapidly coming to tbe fray, the farther part of tbe scene being much obscured by great billowy clouds of powder smoke, against wbich were silhouetted the Gloucester, and the tor pedo boat destroyers, firing in a very lively manner. "We were close under the batteries, but paid no attention to the shots, which came over us. "One of the torpedo boat destroyers had now turned, and was evidently heading toward the port. "We stood in a little closer, to head her off. "The farther one, at this time, got a shot in her boilers, from one of our ships ; and I shall never forget the wonderful, swift, jet of silvery steam, like an ostrich feather, that leaped 500 feet into the air. She was clearly done for. "But the actions, of her comrade, made me think she was en deavoring to escape, and two or three shells were fired at her, from our starboard bow four-inch gun. "We could not stop, witb an enemy yet unsurrendered ahead. And, quickly coming up with the Indiana (between ten and eleven miles beyond the port) we signaled her to go back and resume the blockade, lest another Spanish ship might come out of the harbor, to annoy the transport fleet. "The Iowa, Texas, Brooklyn and Oregon were on our port bow, in the order named, from aft forward. 74 "Between the Iowa and the Texas was the Viscaya, still headed west ; and, directly ahead of us, was the Colon. "The baffle, by this time (11:05) had moved eighteen miles from fhe harbor entrance; and the Viscaya turned in with colors down, and headed for the beach. "She steamed in rather slowly, and at such distance crossed our bows that the crews were virtually face -to face, and we looked at each other, victors and vanquished ; the former without a cheer, the latter huddled forward. "We were abreast of her almost at the moment of her strik ing on the reef, inside of whicb is the little harbor of Acerraderos. "The Iowa, by the Admiral's orders, remained where she was, and was engaged in the rescue of the Viscaya's men. "We were close inshore, witb the Colon still directly ahead ; and we settled down to the chase, sending the men to dinner, so that all should be ready for action as we knew we surely should. "I said, to Admiral Sampson, that I knew tbey could not hold out at high pressure, whereas we were sure of our own men. "Machinery is a good deal of an unknowable world in the Spanish mind, and I felt absolutely certain of overhauling them. "Our own ship was quivering, fore and aft, and had set up the pleasant jingling of certain metallic objects on the bridge, which we l^iew meant high speed. "The Chief Engineer had reported, that the engines were doing their best; and bad also reported, some time before, that everything was ready for coupling the forward engines if de sired. "The officer of the deck every few minutes counted the indi cator showing the turns of the screw. "Tbe two forward ships, tbe Brooklyn and the Oregon, had begun to fire occasional eight-inch shells; and we were carefully noting their fall. "But the Oregon found that these did not reach, and opened with her thirteen-inch guns. "She fired six, beginning at 4.8 land miles, rising to 5.4 miles, and the last at a trifle over 5 miles. "The Colon now turned in, and hauled down her colors." (The Century Magazine for May, 1899, pp. 111-113.) In his report, written the next day. Captain Chadwick wrote : "The ship had started at 8 :50 for the army landing at Siboney." 75 "A few minutes after the crew had been called to quarters for Sunday inspection, firing was heard, and a ship was seen leaving the harbor entrance. "The helm was at once put over, the crew called to general quarters, signal "Close in toward harbor entrance and attack ves sels,' made, orders given to spread all fires, and the ship headed back for tbe enemy, whose ships were seen successively, coming out at high speed. "The nearer ships had immediately engaged ; and, by the time we were off the entrance, one, the flagship, was already afire, and was soon ashore. "The Indiana and Gloucester were actively engaged with the torpedo boats. This ship fired some four-inch shell af the one nearer the port, toward which she headed, and seemed attempting to return. But she was, already, practically out of the fight. "The boiler, of the more advanced one, had blown up, show ing a vast column of condensed steam. "During this time, the batteries, whose line of fire we had crossed close fo, repeatedly fired upon us, but without effect. No return was made to this fire. ¦'This ship stood on, leaving fhe Gloucester to look after the survivors of the torpedo boats. "By this time the second cruiser was ashore and burning, while fhe Viscaya and fhe Colon were still steaming rapidly west ward. "The Indiana was now signaled (11:26 a. m. ) to retum to the blockading position, to look after anything which might be there. "Very shortly tbe Viscaya turned shoreward. Smoke began to issue from her afterpart; and by the time tbat she was ashore at Acerraderos, 15 miles west of Santiago, she was ablaze. "The Iowa had signaled, a little before, tbat she had surren dered ; and stopped off this place ; where she gave much assistance in the rescue of the Viscaya's people. "This ship stood on in chase of the Cristobal Colon, with, ahead of us, the Brooklyn, Oregon, Texas and Vixen ; the Oregon being much nearer inshore of tbe two headmost ships, but not in gunshot. "We were rapidly increasing our speed. "About 12:^0 fhe Oregon opened fire; and some of her shell were observed to strike beyond the Colon. 76 "This made her capture a foregone conclusion; and shortly after i o'clock, she turned toward shore, and soon struck her colors. "By the time we arrived, a boat was alongside her, from the Brooklyn ; and Captain Cook, the boarding officer, came alongside this ship and reported. "This ship then sent a boat fo fake possession, the commanding officer going in the boat. "I arranged for the transfer of the crew and officers — a di vision to each ship present. While aboard, however, tbe Resolute arrived, and it was arranged to transfer the whole number to her. "I had taken with me the fleet surgeon, an engineer officer, and tbe carpenter, to examine and make secure everything neces sary. "The engineer officer reported to me that she was making water aft. "I had soundings taken and found eight feet at tbe bow, and seventy at the stern; so that but a small portion of the ship was ashore. "The Oregon was signaled fo take charge; and fhe men were hastened on board; a number being sent from this ship. "At II p. m. the flagship returned to Santiago, leaving the Texas and .Oregon in charge of tbe prize. "Though this ship was not able to come to action with any of the larger ships, on account of her distance to the eastward, every nerve was strained to do so ; and all was done tbat could be done. "Our speed had rapidly increased so tbat we were going six teen knots at the end. "We were immediately astern, while all others were consid erably to seaward. "We were thus in a position to prevent a possible doubling to the rear, and escape to the south-east. "The officers and crew, as tbey always have done, acted in the most enthusiastic and commendable manner. They have wprked into so complete a system, that the ship is, practically, instantane ously ready for action." (Appendix, 520-2.) In a supplemental report Captain Chadwick corrects his state ment as to speed, showing that the speed of the ship had increased to not less than seventeen knots (instead of sixteen, as given in the first report) ; and that there could "be no question that this ship would have quickly overhauled the Colon, had she continued her flight, and wou.ld have ensured her capture, had there been an acci dent of any sort to the other ships, in pursuit." (Id., 522.) 11 The Brooklyn. At 9 :30 a. m. the enemy were signaled by the Iowa as coming out, and were seen by the watchman who reported it to the officer of the deck. The executive officer immediately gave the order: "Clear ship for action and general quarters." Signal was made at the same time : "Enemy coming out." The ship stood for the enemy. Orders were given to get steam on all boilers. Tbe ship started at about twelve knots speed. The head of the Spanish squadron, in column, was just outside the harbor of Santiago, heading about south-west. The Brooklyn opened fire on the leading ship in five minutes from tbe discovery. '(App., 522-3.) "Tbe Brooklyn then wore round to starboard." "The enemy hugged the shore to the westward." (Id., 523.) The shell passing over the Brooklyn fell very thick about the Vixen, some passing over her. At this time the firing was very fast, and the whistling of the shell incessant. (523.) The Brooklyn was making about 14 knots as tbe Oregon came up on ber starboard quarter at a distance of about 600 yards and maintained her position, though tbe Brooklyn soon increased her speed to 15 knots, and was making 16 knots just before the Colon surrendered. (523.) The Commodore's report to the Admiral was that when the Spanish were discovered, "Signal was made to the Western Divis ion as prescribed in your general orders, and there was immediate and rapid movement inward by your squadron, and a general en gagement." (App., 517.) It is apparent that (i) In tbis ship, the action was begun, under tbe standing orders of the Admiral, precisely as in the other ships ; that, as re quired by those orders, the ship was in constant readiness; that, as required by those orders, as soon as the enemy was seen, the signal, "Enemy's ships coming out" was made, and tbe ship was prepared for action and moved forward, to close and engage the enemy. (2) That, when the Brooklyn started forward, the enemy was "just outside of the harbor, heading about south-west." (Whether the phrase, "the enemy hugged the shore to the west ward," was intended to state that at first the enemy bugged the 78 shore running to the westward, or that the enemy had passed the Brooklyn and hugged the shore to the westward of the Brooklyn when she had worn round to tbe starboard, cannot be determined by the language used in the report.) (3) That the Brooklyn, with a port helm, wore round to the starboard is also apparent. (4) It also appears, from the report, that shells from the enemy were passing over the Brooklyn, wben she was in the battle line with the other ships (so tbat passing over ber they would fall around the Vixen west of her, and in range with her, from the Teresa), just as they were passing over the Oregon (App., 526), the Texas (Magazine article, p. 91), the Iowa (Id., 53), when, as Captain Evans says, a torrent of projectiles was sailing over them, harmlessly exploding in the water beyond. (5) And it is apparent, that when the Brooklyn put herself behind, and in the rear of the Oregon, Iowa and Texas (as the battle then stood), she was very likely to get hit, a great many times, by the shells which had passed low over them. The Brooklyn is the largest and finest armored cruiser in the navy ; and is next to the battleships in fighting p>ower. She is of 9,215 tons' displacement; is 400 feet long and 64 wide. Has 3 inches of armor on the sides ; 5-| inches on the turrets, and 4 to 8 inches on the barbettes. She has a main battery of eight 8-inch, and twelve 5-incb guns, of latest style; and a secondary battery of 12 six-pounder, 4 one-pounder guns, and 4 Gatling guns. Her speed is 22 knots, which is 25-J statute miles. She carries 561 officers and men. The Maria Teresa was an armored cruiser, protected at the water line, by a compound steel belt, 11.8 inches thick; and had two eleven-inch guns, mounted in strong and perfectly protected barbettes, practically invulnerable, save to 8-incb guns and those of larger caliber. She had also ten 5^-inch antiquated rapid-fire guns with their shields, but no other protection of any kind, and exposed to all the splinters of the boats and equipment. The ammunition hoists for these guns were entirely unprotected. The smaller rapid-fire armament was not numerous, and bad no protection of any kind. The armored sides, and the barbettes, were vulnerable to the 79 eight-inch guns of the Brooklyn, if at close range. The ship was overloaded with wood, both in her decks, and in the quarters and installations. (Concas, 64, 42.) The Viscaya and Oquendo were duplicates of the Teresa. The experience of the Viscaya and Oquendo demonstrated, that if the Brooklyn had steamed alongside of and close to the Teresa, her minor guns, machine guns and riflemen would have made it impossible to fire any gun on the Teresa, but the 11 -inch guns, wbich were the only ones with any protection. And it is apparent, that, if at close range, it would have been very difficult to fire them. At close range, where the high initial velocity would carry tbe eight-inch shells through tbe armor of the sides or barbettes of the Teresa, the disparity between an eight and eleven-inch gun would be very little; for the eight-inch would have the advantage of more rapid firing. Besides, the two eleven-inch guns would be handicapped by the small gun and small arm fire, seeking every crevice, and making it difficult to aim, or do anything with the eleven-inch guns. So the Maria would have stood on, with two fighting guns against eight; with the 12 five-inch guns, the 12 six-pounder guns, and the 4 one-pounder guns of tbe Brooklyn shooting through her unarmored parts, scattering splinters, exploding shells, and firing the ship in hundreds of places; and the Gatling guns pouring a flood of bullets. If it came to real fighting — taking such doses at close range as the Spaniards got, the Brooklyn could have destroyed all four of the Spanish ships, in succession. They had a nominal speed of 20J knots, but not one of them could make 16 (Concas, 87) ; and neither could have shaken off the Brooklyn, if with the speed she had, and could make, the Brooklyn had settled herself to run beside her. When the Spanish fleet was seen coming out, the Gloucester was north, and a little eastward of the Indiana. The Indiana was near south-east by south of the Morro and two miles to the east ward of it. The Oregon a mile and a half southward of tbe Indi ana, was a mile east of the Morro. The Iowa, about a mile due west of the Oregon, was about due south of the Morro. 8o Tbus the positions of these four ships, the Gloucester, the Indiana, the Oregon and the Iowa, were all east of the entrance to the harbor, and half a mile or so east of the point where the Teresa came out, at the head of the column. The Texas was a little more than a mile north and as far west of the Iowa. The Brooklyn was a little more than a mile west of the Texas, and somewhat south of her. In order to close in and engage, it was necessary for the Gloucester, the Indiana, the Oregon and the Iowa to move west- v/ard ; and as the enemy was in column, standing westward under full steam, it was necessary for the Gloucester, Indiana, Oregon and Iowa, after they had reached a point as close as they would en gage (if they would keep in the engagement at all), to stand west ward also, in irregular column, adapting their action to the move ments of the enemy, as far as the speed and armament, of each, would permit her to do. The Texas and the Brooklyn, in closing, were bound to adopt their movements to the battle line, of which they formed a part, unless the Brooklyn chose to return to her proper station, and stop "the head of the column of escaping ships. The Texas did adapt her movement to the battle line. She started tovvr|ird the north, and tben veered westward. Captain Philip altered her course to the westward, when he saw that was the direction in which the Spanish fleet was going. (Century Magazine, May, 1899, pp. 88, 90.) At that time the Brooklyn was running at considerable speed due north, apparently to stop tbe head of the Spanish column ; and was a mile from the Texas. While the Brooklyn was so running, the srnoke of the guns of the Texas drifted over her, so that she had, in effect, run into a fog bank. (Id., 90-1.) At this time, the Brooklyn put ber helm to port and turned round to the starboard (that is, to the eastward). If she had so turned, with both engines running ahead as usual, she would have made the arc of a circle half a mile in diameter. The Effect of the Turn of the Brooklyn. First. As the Texas was already turning toward the west ward, when the Brooklyn began to tum to tbe eastward (to make a circle that way) the Brooklyn would strike the Texas or the 8i Texas would strike the Brooklyn, or one would cross the course of the other, just before or just after that other passed. Captain Philip says, that the smoke around tbem on the Texas became so thick they could see nothing ; but might as well have had tbeir heads in a bag. That after a few minutes the smoke lifted, and he saw tbe Brooklyn bearing towards them, and across fheir bows. That she seemed close on to them. That he ordered both engines backed hard; and as quick as it was possible both engines of the Texas were backing at full speed to stop her ; and the col lision was averted. Captain Philip also says, that the Texas is not strong enough to ram ; and had she rammed the Brooklyn or tbe Brooklyn rammed her, she would have gone to the bottom witb ber complement of men numbering nearly four hundred.. (Id., 91.) Of course, if the Texas, weighing 6,300 tons, had struck the Brooklyn, it is probable that the Brooklyn and her 560 men would have accompanied the Texas to the bottom. The second effect, was to tbe Brooklyn itself. The ship was struck twenty times by whole shot and many times by pieces of bursting shell. (App., 525.) If she had kept her place in the battle, she probably would not bave been hit any more than the Iowa, for the Spaniards univer sally shot over the ship they were shooting at. Getting in behind the Texas and Iowa and Oregon, the Brooklyn caught the shells aimed at them, which passed over and dropped beyond them. The third effect, of this turning a circle, was, that it reduced the time the Brooklyn could be in the battle to the shortest possible period. She was going east on her circle, as fast as she could, and the Teresa was going west in a straight line as fast as she could. If there had been no ships for tbe Brooklyn to run behind, their speed in passing each other would have been equal to the com bined speed of both — tbat is, 25 to 30 miles an hour. As it was the Brooklyn had her broadside to bear, only until in half a mile of the circle she ran behind the Texas, and stood on behind the Texas, Iowa and Oregon. The Texas was also put out of her relative place in the west ward moving column, and was put out of the battle for a time. The fourth effect of tbis turning, was to let the Spaniards through ; and to convert the battle into a chase. The line of battle was destroyed. Tbe force holding the point of the left retreated, 82 and opened a place where part of the enemy escaped. The Colon escaped beyond the reach of the most powerful gun. And had to be pursued forty-five miles or more. The fifth effect was to let the captain of the leading Spanish ship write, for the world" to read, that after his ship had received in succession the fire of tbe Indiana, the Oregon, the Iowa, and the Texas she put ber bow "toward the armored cruiser Brooklyn, which turning to starboard presented her stern to us, and fired her two after turret guns, moving to southward." (Concas, 74.) He dwells on tbe taunt: Page 65. "The armored cruisers Brooklyn and New York were each superior to ours, above all, in having all the armament protected; and, being more recently constructed, everything had been avoided in them, which could furnish food for flames. The Texas, although better armed, was very similar to our ships of the Viscaya class, having been constructed at the same period, and, in conjunction with the others, was a very powerful ship; as ours would have been, had they had the support of some large armor- clads." (How delicately he makes it clear that his ships were anti quated, with unprotected armament, and alone, while the Brooklyn was all that modern achievement could make her, with protected armament ; free from dangers by fire ; and supported by powerful battleships, through whose fire his ship had come, when he pointed ber bow toward the great Brooklyn, and she turned her stern to him, and ran away behind the battleships.) Page 73. "What she did do was to make a turn which brought us astern, as described by the Chief Engineer of the Ore gon, on pages 544 and 545 of the Engineering Magazine for Janu ary of this year." Page 74. "In the account of the battle, given by the engineer of the Oregon, he confirms the fact that the Brooklyn, seeing tbe intention of the Teresa to attack ber, made the maneuver we have indicated." "The position of tbe Brooklyn, and the fact of her being close to the others, which advanced as she receded, caused the Texas and fhe Iowa to come between the Teresa and the Brooklyn." That is what every navy in the world has got to read to-day. And they have compared tbe writer, intrepidly facing that terrible line of battleships, with bis antiquated cruiser, pointing his ship 83 at the finest cruiser in the world, set to keep the end of a line, and supported there by three battleships, and seeing her desert her place, and fly to the rear of the battleships, presenting her stern to him, in flight, and firing her two after turret guns, moving to southward, (p. 74.) The word taunt is above used. The accomplished Spaniard did not write the matter for a taunt. He wrote it for his own peo ple to read, for a picture and for a comparison. The narrative is so written, and by the naval officer whose bugles sounded the last echo of those sounded at Grenada (p. 74) — whose heroic daring, and calm assault against infinite odds, had never been excelled in all tbe battles with 'the Moors — that his story is already the property of the world, and a part of the world's history. It has been said that common people, even the Senate of the United States, or any not educated naval officers are not com petent to form an opinion upon the propriety of that loop. The Congress makes laws for the government of the navy. How can it do so, if incompetent to understand a naval matter of such a character? At first, questions between ships were adjudged by the Ad miral in his ship. Then there were port admirals. And now in the United States every District Court is a Court of Admiralty, and for a hundred and eleven years the* Supreme Court has bad jurisdiction of appeals in admiralty, and a naval or maritime edu cation has never been a qualification required of a judge. These courts enter judgments, which are conclusive, on ques tions of collision, negligence, contributory negligence, and all tbe controversies that may arise about the management of ships. The principles, applicable, are the same, which now occupy a large proportion of tbe time of every court of record, of general jurisdiction, in every county in the whole United States. Personal injury cases, killing cattle, burning from sparks, etc. — an infinite 84 variety of cases depend on the law on negligence : and generally it does not take a railroad man to tell whether a railroad employe has been negligent. The law of the road is all based on the same principles. A man oh horseback is not bound to turn to the right, but he must govem himself as prudence, at tbe time, under the circumstances requires. {Dudley v. Bolles, 24 Wend., 465, p. 472. ) The defendant being a trooper had wounded plaintiff's leg by negligently firing a pistol. The injury was unintentional. It was a case of mere negligence. The plaintiff recovered his damages by reason of the injury. {Blin v. Campbell, 14 Johns., 14.) In McAllister v. Hammond (6 Cowen, 342), cases are cited, running back two or tbree hundred years, which show that where the negligence of a responsible person in a point where duty re quires that he should not be negligent toward another injures that other, the injured person may recover his damages. The action may lie whether the injury is immediate or consequential. And whether the negligence is gross or not, the circumstances will de termine the extent of the injury and of the responsibility. As the same dpctrine applies everywhere to-day, it is apparent that the principles, at the bottom of this inquiry, are of very common appli cation and use ; and the only question is : Do we know enough to apply those principles to the facts before us ? A loss by collision, without any fault on either side is a loss by the perils of the sea. {Peters v. Warren Ins. Co., 14 Pet., 99.) Lack of proper skill and knowledge on the part of those in charge of a vesel, or want of care, will make her liable for dam age done. {St. lohn v. Paine, 10 How., 557; Chamberlain v. Ward, 21 How., 548 and 572 ; The Lady Pike, 21 Wallage, i.) It is only an application of the old maxim, which is the foun dation of the customary rule and common law of contact, where people are associated and made interdependent for any cause — Sic utere tuo ut alienum non laedas — So use your own (power or function in the joint enterprise) as not to injure others in the same enterprise. 8s There is a general rule of navigation that applies upon all waters and between all classes of craft, whether on the ocean or in harbors or bays, on the great lakes, the Mississippi, or lesser lakes or rivers, between sail vessels, or steam vessels or between steam and sail, or steam vessels and flat boats or rafts, or between any other conjunction of floating craft; and that rule is, that if one is hampered in her view of dangers by fog, darkness or other wise, or is hampered in control of her action by circumstances, as currents, movements of other vessels, her position or equipment, or anything which deprives the navigator of knowledge of the surroundings, or of the power freely to control her movements, and the other is sailing free with full power in her navigator, to choose his course, he is guilty of negligence, if he chooses a course which puts the first named vessel in any hazard, or appearance of hazard ; and if any collision does actually take place the free vessel is chargeable for all losses to botb vessels and their cargoes, and for all personal injuries resulting, because the collision is the result of faulty navigation, of negligence, of putting the vessels to a hazard which it was the duty of the navig^jtor of the free vessel to avoid altogether. The owners of the other vessel and goods on board, and the persons thereon, have a right to be entirely free from hazard, from the ship, which could, at the option of its commander, entirely avoid putting them to hazard. If the hazard passes with out any injury to the wronged, it is damnum absque injuria — an assault without any battery — a threatening of injury without doing it; but if the hazard results in injury the owner and navigator of the free vessel are chargeable for all results, because tbe hazard ing of the other vessel was bad navigation, bad conduct in navi gating, negligence in the performance of the duties involved in navigating the vessel. This rule appears by all the cases cited below. Between sailing vessels, if one vessel has the wind free, and consequently the power of controlling its movements, and the other has not, it is the duty of tbe former to avoid collision with the lat ter ; and neglect to do so is negligence which makes her liable for the result of any hazard incurred. St. lohn V. Paine, lo How., 557. The Schooner Ann Caroline, 2 Wall., 538. Bentley v. Coyne, 4 Wall., 509. The Mary Eveline, 16 Wall., 348. Note to St. lohn v. Paine, 13 L. C. P., Co. Edition, U. S. Reports, pages 537-541- 86 The rule above stated is applied between steam vessels. U. S. Co. V. N. Y. & Va. S. Co., 24 How., 307. Sturgis V. Clough, 21 How., 451. In the latter case one steamer proceeded in a direction which, the navigator knew, must produce a collision unless the other would get out of the way ; and he expected tbat she would get out of the way. ( See also St. lohn v. Hasbrouck, 20 L. C. P. Co., Edi tion U. S. Reports, 645.) In the first above cases, the pilot made an excuse, which showed that he knew that the order he obeyed, was given without knowing what its effect would be. In each culpable negligence was held to be established. It has been said that on tbe Brooklyn it was expected tbat the Texas would keep out of the way. It is also said that on the bridge of the Brooklyn some one spoke of the Texas, and mentioned the danger to her, from the turning of the Brooklyn to starboard ; and that an officer in author ity said : "Damn the Texas; let her fake care of herself." Captain Philip says that the smoke (when the Brooklyn turned) bung over the Texas, so dense that they could see nothing. That they might as well have had a blanket tied over their heads. In The Hypodame, 6 Wall., 216, the collision was in conse quence of an unexpected change of course of the colliding steamer. The court quotes from The Delaware v. The Osprey, 2 Wallace, Jr., 268 : "But when one is blind and the other knows it, he should not put himself within reach of injury by any mistake of the blind." In The Vanderbilf, 6 Wall., 225, it was held that though steamers had a right to ascend on either side of the river, in tbe daytime, when the view is not obstructed or obscured by fog, yet, when a steamer found she was approaching a fog bank on a part of the river where descending boats were liable to be, it was a fault that she did not turn aside and avoid the place where the descending boat was liable to be ; and that turning away too late, did not excuse tbe negligence in running where she was liable to strike a befogged boat. See also The Dove, i Otto, 381. The Belgenland v. lensen, 1 14 U. S., 355. 87 The decisions seem to be, that the Brooklyn changing her course, was bound to see to it, that she would not hazard another of the ships, by collision with her. Snow V. Hill, 20 How., 543. Ure V. Coffman, 19 How., 56. Nelson v. Leland, 20 How., 48. The Great Republic, 23 Wall., 20. The Pennsylvania, 19 Wall., 125. The fact that the Brooklyn had the open sea to turn to port or westward, made her tum to starboard (eastward) bad naviga tion, and negligence of the hazard to other vessels in the fleet, which were to the eastward, and were naturally standing, or liable to stand, to the westward. Pearce v. Page, 24 How., 228. Trefz V. Bull, 12 How., 466. The Ann Caroline, 2 Wall., 538. Rogers v. The Sf. Charles, 19 How., 108. The New York v.'Rae, 18 How., 223. The Favorite, 18 Wall., 598. The Morning Light, 2 Wallace, 550. The Lady Pike, 21 Wall., i. The Clarifa, 23 Wall., i. The Mabey & Cooper, 14 Wall., 204. Of course this is not a collision case ; and these legal questions apply, only, as they tend to show, whether or not the captain of the Brooklyn is entitled to commendation for such "eminent and conspicuous conduct in battle" as is within the intent and meaning of the statute of promotions. And as affecting that question reference is made to the Arti cles of War. R. S., Sec. 1624, Art. 4. "The punishment of death, or such other punishment as a court martial may adjudge, may be in flicted on any person in the naval service — "Tenth, Who intentionally or willfully suffers any vessel of the navy to be * * improperly hazarded." "Thirteenth. Or, in time of battle, displays cowardice, negli gence or disaffection ; or withdraws from or keeps out of danger to which he should expose himself." Nineteenth. Or does not do his utmost, to overtake and cap ture or destroy any vessel which it is his duty to encounter. 88 The Gun Fire of the Brooklyn. The Appendix (at pages 574-592) contains an examination of the wrecks of the four armored Spanish ships. It states that the Maria Teresa was struck twice by 12-inch shells ; twice by 8-inch ; four times by 5-inch ( i ranging forward, I ranging aft ; the other two not stated) ; once by a 4-inch shell. That the Oquendo was struck four times by 8-inch shells; once by a 5-inch shell, ranging forward; and seven times by 4-inch shells. That the Viscaya was struck five times by 8-inch shells; five times by 5-inch; and five times by 4-inch shells. That the Colon was struck once by a 5 or 6-inch shell, and twice by 5-inch shells. From this report newspapers have argued, that as the Brook lyn was the only ship carrying 5-inch guns, this proved that the Brooklyn did most of the firing. In two instances, tbe report says the hole was by a 4 or 5-inch shell, and it is put down in this computation as a 4-inch, because the statement is not accurate enough