The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-07-17
Reprimanded and Retired by
the President.
Secretary Root LaborOusIy Explains That Few
Were Killed Under Smiths Kill and
Burn Order.
(By the Associated Press.)

Washington, July 16.-Secretary Root
brought from Oyster Bay the case of
General Jacob II. 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 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 supple
ments the reprimand of the President
in long circular, which shows that al
though Smith issued the "kill and burn
order, very fer persons were killed as
a result of that order, the cruelties be-
ing confined almost wholly to the eleven
natives killed under Major Walters di-
rectjon.
Following is the text of the Presi-
dents review of the case:
white House, Washington, July 18th,
1902.
by the President:
THE findings and sentence of the court
are approved. am we'll aware of the
our army has had in the Philippine Is
lands and of the we'll nigh intolerable
provocations it has received from the
cruelty, treachery and total disregard of
the rules and customs of civilized war
fare on the part of its foes. I also heart
lily 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 culpable to
show weakness in dealing with such foes
or to fail to use all legitimate and hon
orable methods to overcome them. But
the very fact that warfare is of such
character as to afford infinite provoca-
tion for the commission of acts of cruelty
by junior officers apd the enlisted men,
must make the officers iii high and re-
sponsible position peculiarly careful in
their bearing and conduct so as to keen
a moral check over any acts of an i'm
proper character by their subordinates
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 kindness
and forbearance in dealing with their
foes. But there have been exceptions
there have been instances of the use OF
torture and of impropr hartlessness in
warfare on the part of the individuals or
small detachments. In the recent cam
paign ordered by General Smith. the
shooting of the native bearers by the
orders of Major Waller was an act which
sullied the American name and can be
but partly excused because of Major Wal
ler's mental condition at the time; this
| mental condition being due to the fearful
hardship and suffering which he had un-
dergone in his campaign. 1t is imposs-
BILE to tell exactly how much influence
| language like that used by General Smith
may have had in preparing the minds of
those under 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 subordnates 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 instance as to in
| terfere with his further usefulness in
the army. | hereby direct that he be
retired from the active list.
(Signedj
THEODORE ROOSEVELT.'