The daily morning journal and courier., 1902-07-17
GEN, SMITH DISPOSED OF.
AND RETIRED BY
 THE PRESIDENT.

!
 of High Rank Always Likely to Ex-
 cite Wrong-doing in the Weak and
 PassIonate-GeneraIS Smiths Conduct
 in This Instance Deeply to be Re-
 gretted.
 Washington, July 16.-Secretary Root brought from Oyster Bay the case of General Jacob H. Smith, tried by court martial at Manila on account of orders | issued to Major Waller. General Smith was found guilty of the charges by the court and was sentenced to be admon ished by the reviewing authority. The president has so admonished General Smith and retired him under the law which provides that officers having reached the age of sixty-two years may be retired at will by the president. | Secretary Root supplements the rep rimand of President Roosevelt in long circular in which he explains the con- ditions which resulted in the court-mar- tial of General Smith, and shows that although Smith issued the kill and burn" order, as a matter of fact very l few persons were killed as a result of that order, the casualties being confined almost wholly to the eleven natives kill ed under Major Walters direction.
 Following is the text of the presidents review of the case:
 White House, Washington, July 14, 1902.
 By the President:
 "The findings and sentence of the court are approved. I am we'll aware of the danger and great difficulty of the task our army has had in the Philip pine Islands, and of the well-nigh intol- erabe provocations it has received from | the cruelty, treachery and total disre- gard of the rules and customs of civil- ized warfare on the part of it's foes. I also heartily approve the employment of the sternest measures necessary to put a stop to such atrocities and to bring this war to a close. It would be culpable to show weakness in dealing with such foes, or to fail to use all le- gitimate and honorable methods to overcome them But the very fact that warfare is of such character as to af- ! ford infinite provocation for the com- mission of acts of cruelty by junior Otfi- cers and the enlisted men must make the officers in high and responsible po- sitinns peculiarly careful in their bear ing and conduct so as to keep moral check over any acts of an improper character by their subordinates. Ia. Almost universally the higher off, [ nG fo p- ply this necessary check; and with but 1 few exceptions the officers and soldiers of the army have shown wonderful kindness and forbearance in dealing 1 with their foes. But there have been exceptions; there have been instances of the use of torture and of improper heartlessness in warfare 0n the part of individuals or small attachments. In the recent campaign ordered by General Smith the shooting of tine native bear CTS by the orders of Major Waller, was an act which sullied the American name and can be but partially excused | because of Major Walters mental con- dition at this time; this mental c1nci- ton due to the fearful hardship and suffering which he had undergone Ill ms camnajgn. It is impossible to tell eX- actly how much influence language like that used by General Smith may have had in preparing the minds of those un- der him for the commission of the deeds which we regret. Loose and violent talk by an officer of high rank is always likely to excite to wrong-doing those among his subordinates whose wills are weak or whose passions are strong.
 General Smith has behind him long career distinguished for gallantry and on the whole for good conduct. Taken in the full, his work has been such as to reflect credit upon the American army and therefore upon the nation and it is deeply to be regretted that he should have so acted in this in- stance as to interfere with his further usefulness in the army. I hereby direct that he be retired from the active list.
 Theodore Roosevelt"