New-York tribune., 1900-07-23
LIEUT.. COL. SMITH UPHELD.
SPANISH WAR VETERANS CONDEMN HIS
DISMISSAL FROM THE GUARD AND
ELECT HIM MEMBER OF
GLOUCESTER COMMAND

Gloucester Command No II. Spanish War veter-
ans. composed of soldiers and sailors who fought
at Santiago, at a meeting held on Saturday night
at its headquarters No. 81 Amsterdau-ave .
elected Lieutenant-Colonel Clinton H Smith for
merly OF the list Regiment a member of the
National Army. The election was unanimous but
before proceeding to a ballot the meeting heard
the report Of committee Of which Quarterrna ster-
General Henry Hauck OF the State Corps was
chairman, respecting the dismissal of Colonel Smith
from the National Guard
The committee submitted mass OF testimony on
the part of members of the list and the other
regiments that took part in the battle of San
Juan. and also Colonel Smiths record in the Ma
tional Guard and the volunteer army In summing
up the results of the committees investigation the
report said in part;
At about the time he was prornotad 10 1,a,,+ara,,
colonel Colonel Smith sunstrnck at Tampa and
barely escaped with his life. Being convalescenT
ms regiment TO Cuba. The list Regiment hav-
ing three majors he had 10 specific command. and
Being on the transport. dschargtng the regiments
hearing the firing in the distance he hastened 70
Join his regiment as it Went to the relief of the
His His presence at the battle of San Juan is dis
was Shot dead while reclining on his person. NE
nnd mo that he participated in all the engagements of
spanIaTds According to the records oT the " WaT
Department Colonel Smith. on July 4. 1865 was de-
81 the day relieving the lieutenant-colonel of the
ment its senior officers were the slbiect Of cSr-
tam SANDERS. which we are convinced have no
tho National Guard called upon Colonel Smith 10
resign, and threatened him with a "bouncing
board II he did not. without giving the defendant
an opportunity TO be heard in refUtation OF the
allegations made against him. We find that upon
his refusal to resign Colonel Smith seems 10 have
oeen made the subject of persecution through a
court of inquiry, sitting in secret and a BOARD OF
Examination before which he was not permitted
to be heard. and which took no evidence whatever
Governor Roosevelt; who appointed and controlled
this Board. approved its findings although ne knew
that II had made no examination and taken no
eHidence unless In secret. when Colonel Smith
Your committee cannot too strongly condemn this
persecution on the part Of several OF the higher
SnlCGers or the National Guard. II has been mani
1esty unfair and un-American. II has been
tyranny OF cowa-dice unparalleled In American his
service of the State without an opportunitv 10 be
heard in his own defence. and without having had
charge presented against him. that he could
no officer selected by Governor Roosevelt and Gen
eral Roe in carrying out their orders was in Cuba
demned Colonel Smith on secret and ex-parte evil
denee. was instrumental in having revoked the
eral Oliver who dominated the Board OF Fxamina-
tion which refused to advise the defendant officer
with what offence he was charged and adjourned
friend OF Governor Roosevelt and acted az his re-
quest and dtctatton
Nelt that convened the Board OF EXamina ton prac-
tically contained recommendation to convict. In
ceeding attempts 10 establish precedent that
would be fatal TO the military service as no gen
tteman could arord TO join the National Guard r
ns cnaracter Is liable TO be stabbed In the dark
der the preteNt OF military tribunals that meet and
condemn In secret The presumption of innocence
always goes with who invites an open inVeS-
tigaton and who holds an honora BILE discharge from
the National service, which, we believe Is one OF
the highest priced distinctions an American citizen