The Topeka state journal., 1902-07-16
SMITH IS RETIRED.
Punishment Of the Man Who Is
sued ssKill and Burn'' Order.

Washington, July 16.-Scfetary Root
brought from Oyster Bay the case of
General Jacob H. Smith, tried by court
martial at Manila. on account of orders
was found guilty of the charges by the
court and sentenced to be admonished
by the reviewing authority. The presi-
dent has so admonished General Smith
and retired him under the law which
provides that officers having reached
the age of 62 years may be retired at
will by the president. Secretary Root
supplements the reprimand of President
Roosevelt in a 1ong circular in which
he explains the conditions which result
ed in the courtmartia1 Of General Smith
and shows that, although Smith issued
the kill and burn order as a matter
of fact, very few persons were killed as
result of that order, the casualties be-
ing confined almost wholly to the eleven
natives killed under Major walters
direction.
Following is the text of the presidents
White House. Washington, July 16.
1902.
by the president:
1.-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 Philippine
Islands and of the well nigh intolerab bic
provocations it has received from the
cruelty, treachery and total disregard
of the rules and customs of civilized
warfare on the part of its foes. 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. 1t would be culpab1e to
show weakness in dealing with such
foes or to fail to use all legitimate and
honorable methods to overcome them
But the very fact that warfare Is of
such character as to afford infinite pro-
vocation for the commission OF acts of
cruelty by Junior officers and enlisted
men, must make the officers In high and
responsible positions. peculiarly careful
keep moral check over any
acts of an improper character by
their subordinates. Almost universally
the higher officers have SO borne them
selves as to supply this necessary check;
and with but few exceptions the officers
and soldiers of the army have shown
wonderful kindness and forbearance in
dealing with their foes. But there have
been exceptions, there have been in
stances of the use of torture and of inn
proper heartlessness in warfare on the
part of individuals Or small detach-
ments. In the recent campaign ordered
by Gen. Smith the shooting of the ma
tive bearers by the orders OF Major
Waller was an act which sullfed the
American name and can be but partly
excused of Major Waller's mental con-
dition at the time; this mental condition
being due to the fearful hard
ship and suffering which he
had undergone in the cam
paign. 1t is impossible to tell ex-
act1y how much influence language like
that used by General Smith may have
had in preparing the minds of those un-
der him for the commitment Of deeds
which we regret Loose and violent talk
by an officer of high rank is always
likely to excite to wrongdoing those
among his subordinates whose wills are
weak or whose passions are strong.
.'Gen Smith has behind him a long ca
rcer 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
pul eIit .a ~ Iaau = he IL a.tod =
this instance as to interfere with his fur
ther usefulness in the army hereby 1i-
THEODORE ROOSEVELT"