Omaha daily bee., 1902-07-17
Says that Although smith Gave the
XIII and Burn order, IL Wac
Not Carried out Save In
One Instance.

OF President Roosevelt in q long circular,
in which he explains the conditions which
resulted in the court-martis Of General
Smith and shows that, although Smith is
sued the kill and burn order. as a matter
Of fact very few persons were killed as a
result Of that order, the casualties being
confined almost wholly to the eleven ma
tlves killed under Major Walters direction.
Approved by the President.
Following is the text Of the presidents
review of the case:
WHITE HOUSE. WASHINGTON, July 1s,
l902.-By the President: The findings and
sentence of the court are approved. / am
well aware of the danger and great diff
Guilty of the task our army has had in the
Philippine islands, and of the well-nigh
intolerable provocations II has received
from the cruelty, treachery and total dis.
regard of the rules and customs of civilized
warfare on the part of it's foes. 1 also
heartily approve the employment of the
to such atrocities and to bring this war
to a close. 1t would be. culpable to show
weakness In dealing with such foes or TO
methods to overcome them.
But the very fact that warfare Is OF such
character as to AFFORD infinite provocation
for the commission of acts of cruelty by
junior officers and the enlisted men must
make the officers in high and responsible
positions peculiarly careful in their bearing
and onduct, so as to keep a moral check
over any acts of an improper character by
| InelT 6uDOTQlnaLeb. ALMOST universally the
higher officers have SO borne themselves as
to supply this necessary check, and with
but few exceptions the officers and soldiers
of the army have shown wonderful kind
ness and forbearance In dealing with their
foes.
But there have been exceptions; there
have been instances of the use of torture
and of improper heartlessness In warfare
on the part OF the individuals or small
detachments.
SuI1ied the American Name.
In the recent campaign ordered by Gem
era Smith the SHOOTING Of the native
was an act which sullied the American
Major Walters mental condition at the
time. this mental. condition being due to
he had undergone in his campaign. 1t
10 impossible to tell exactly how much in.
aane,p e. language IKE that useS by General
minds Of those under him for the com
initial Of the deeds which we regret:
high rank is always likely to excite to
wrongdoing those among his subordinaates
whose wills are weak or whose passions
General Smith has behind him a long
on the Whole. for good Conduct. Taken nn in
the full, his work has been such as to
reflect rnb ttnSrrsesdditt. upon the the american army
deeply to be regretted that he should have
SO acted in this instance as to interfere
I hereby direct that he be relieved from
the active list
49,. THEODORE ROOSEVELT.
Review of Secretary Root.
The following is the review Of Secretary
Root: Z
WAR DEPARTMENT. WASHINGTON,
July II, 1902.-To the President: l trans
nit herewith the record and proceedings
upon the trial Of Brigadier General Jacob
II. Smith by court-martial convened under
brought before you as reviewing author
General Smith was found guilty of con-
duct of the prejudice OF good order end
tRs faTi Of di1ssSSiip To Major im Il ths ". ne I. WS sHs IN IN
battalion Of marines, under his orders as
commander Of the sixth separate brigade
"I want no prisoners. 1 wish you to
kill and burn; the more you kill and burn
the Of tSst XSSou wantd PdieH sfi P persons And killed ipTi
actual hostlities against the United
Major Waller asking for an age limit dess-
ignate the age limit as 10 years of age.
ished by the reviewing authority, and
the court appended TO the sentence the
following explanation:
strong Talk Not Meant.
1.-THE court is thus lenient in view OF
the undisputed evidence that the accused
planned language implied, that his sub
ordinates did not gather such a meaning
in such sense, Notwithstanding that a des-
perate struggle was being conducted with
a cruel and savage foe"
isfed that the conviction was just and
that the reasons stated for the very light
facts. General Smith in his conversation
with Major Waller was guilty of intern
perate. inconsiderate and violent expires;
grossly violate the humane rules govern
Ing American armies in the field and II
followed would have brought everlasting
disgrace on the military service OF the
United StStes; Fortunately they were not
or children nor non-combatants were put
to death in pursuance or them.
No Bearing on walters Case.
An examination of the record and pro-
ceedings upon the trial of Major Waller.
which Immediately preceded that of GEN.
in question bore no relation to the acts
for which Major Waller was tried and
wore not alleged by him as justification
for causing certain natives who had acted
as bearers or guides Of one Of his expedi-
without proper trial. and he defended his
action not upon the ground OF any orders
received from General Smith, but upon
the ground that as commanding officer
he was justified by the laws of war.
General Smiths written and printed or
operations in samar were JUSTIFIED by the
history and conditions of the warfare with
the cruel and treacherous savages who
Inhabited the island and their entire dis
regard OF the laws Of war were wholly
within the limitations Of general order No.
100 OF 1868 and were sustained by prece-
dents OF the highest authority.
Previous Cases Brought Up.
Thus in 17S Washington ordered Gen.
eral Sullivan in the campaign against the
six nations to seek and look TO, the de-
struction and devastation OF their settle
ments. He wrote:
"But you will not by any means listen
to overtures OF peace before the total ruin
Of their settlements is effected :
Our future security win be in their in
ability To injure us, the distance to which
they are driven and In the terror with
Y which the severity OF the chastisemenI
Y they receive will Inspire them"
\ The Fort Phil Kearney massacre IN
9 the conditions Of serious danger which
y followed II, did not approach the massacr,
= of Balangtga In Samar in September, 1901
9 There the natives had been treated witt
q kindness and confidence, liberty and self