The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-07-18

Waller was tried for causing certain
natives. who had acted as bearers OF
guides OF one OF his expenditions. to be
put TO death for treachery without
proper trial: and he defended his action
not upon the ground OF any orders re-
ceived from General Smith. but upon
the ground that as commanding officer
he was justified by the laws OF war.
General Smiths written and printed
orders, and the actual conduct OF MILL
tary operations in Samar were justified
BY the history and conditions OF the
warfare with the cruel and treaSherous
savages who inhabited the island. and
their entire disregard OF the laws o.
war; were wholly within the limitations
OF General Order No. 100 OF 1868: and
were sustained by precedents OF the
highest authority. Thus, in l1ss Wash
ington ordered General Sullivan In the
campaign against the Six Nations to
seek the total destruction and devasta-
ton or their settlements. The
fort Phil kearney in 1856. for base
treachery, revolving cruelty and the
conditions OF serious danger which fol-
lowed it did not approach the mas ere
at Balangiga in Samar in Sept~-.f ner
1901 Yet there was no such seN rtty
by American soldiers in Samar as { n
eral Sherman proposed towards the
Sioux after Fort Phil kearney.
1t is due. however. to the good Sc se
and self-restraint OF General Smiths
subordinates and their regard FOR laws
OF war. rather than 20 his own self
control and judgment. that his intern
perate and unjustifiable verbal instruc-
tions were not followed and that he Is
relieved from the indelible stain which
would have resulted from n literal COM
pliance with them.
1T is the duty OF a general whose age
a,,I naria taR zfYh 4 I'm tn
high command not to incite his sub
ordinates 10 acts OF lawless violence.
but to so explain TO them the apTltca-
ton OF the laws of war and the liquida-
tionS upon their conduct as to prevent
transgressions upon their part and sup
plement their comparative ineNperiencS
by his wise control. In this General
Smith has signally failed and for this
he has been justly convinced Al
though the sentence imposed is exceed
ingly light. il carries with IL con-
demnation which. for an officer OF his
rank and age is really a sever pun
| ishment. For this reason. and ior the
| further reason that General Smith has
served his country long and faithfully.
| has exhibited high courage and good
| conduct in many battles. has been ser
| iously wounded in the civil war and in
| the war with Spain and is about con-
| Guiding a long and honorable career as
| a faithful and loyal servant of his
| country. recommend that the mild
| sentence imposed be confirmed.
| In view of the findings this sentence.
| and of the evident infrmities which
| have made il possible that the facts
| found should exist. it is not longer for
| the interest of the service OF his rank.
| His usefulness as example, guide and
| controlling influence for the junior off,
| GERS OF the army is at an end; and a.
| he is already upwards Of 90 years OF
| age, / recommend that you exercise the
| discretion vested in you By law and
| now retire him from active service.
| (Signed) 'ELIHU ROOT,
| Secretary of War