Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-17
R EVIEW ED BY ROOT
THE COURT-MARTIAL CASE OF
GEN. SMITH.
His Orders to "Kill and Burn" Not
Literally Meant by Him and
Not Literally Accepted.

Il transmit herewith the record and
proceedings upon the trial of Brigadier
General Jacob H. Smith by court-martial
convened under your order dated April p,
1902, and now brought before you as re-
viewing authority.
General Smith was found guilty of con-
duct to the prejudice Of good order and
military discipline in that he gave in the
fall of 1901 to Major L. w. T. Waller of
the Marine Corps, then serving with a bat
tallion of marines under his orders as Com
mander of the 9Th Separate Brigade in Sa-
mar. the following oral Instructions:
90 L want no prisoners. / wish you to kill
and burn, the more you kin and burn the
better you will please me-, and further that
he wanted all persons killed who were capa-
BILE of bearing arms and in actual hostilities
against the United States; and did in reply
to question by Major Waller asking for
age limit designate the age limit as ten
years of age.
THE court sentenced him to be admon-
ished by the reviewing authority; and the
court appended to the sentence the follow
ing explanation:
The court is thus lenient in view of the
undiSputed evidence that the accused did
not mean everything that his unexplained
language implied; that his subordinates did
not gather such a meaning; and that the
orders were never executed in such sense
Notwithstanding that desperate struggle
was being conducted with a cruel and saw
age foe
Guilty Of Incorporate Language.
An examination of the evidence has sat-
isfied me that the conviction was just, and
that the reasons stated for the very light
sentence imposed are sustained by the
facts. General Smith, in his converse ton
with Major Waller, was guilty of intern
perate. inconsiderate and violent express
sions, which, If accepted literally, would
grossly violate the humane rules govern
ing American armies in the field, and if fol-
lowed would have brought lasting disgrace
upon the military service of the United
States. Fortunately they were not taken
literally and were not followed. No women
or children or helpless persons or non-com-
batants or prisoners were put to death in
pursuance of them.
An examination of the record and pro-
ceedlngS upon the trial of Major Waller,
which Immediately preceded that of Gen
eral Smith, shows that the instructions in
question bore no relation to the acts for
which Major Waller was tried, and We're
not alleged by him as justification for those
acts Major Waller was tried for causing
certain natives, who had acted as bearers
or guides of one of his expeditions, to be
put to death for treachery 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
ders, and the actual conduct of military
operations in Samar, were justified by the
history and conditions of the warfare with
the cruel and treacherOus savages who in
habited the island, and their entire dSre-
gard of the laws of war, were wholly
within the limitations of general order No.
100 of 1863, and were sustained by prece-
dents of the highest authority. Thus, in
1873, Washington ordered General Sullivan
in the campaign against the Six Nations to
seek the total destruction and devastation
of their settlements. He wrote But you
will not by any means listen to overtures
of peace before the total ruin of their set
Elements is effected. Our future Sc.
curity will be in their inability to njure us,
the distance to which they are driven, and
in the terror with which the severity of the
chastisement they receive will inspire them
The Fort Phil Kearney massacre in 1866,
for base treachery, revolving cruelty and
the conditions of serious danger which fol-
lowed it did not approach the massacre at
Balangiga in Samar in September, 1901.
There the natives had been treated with
kindness and confidence. liberty and self
government had been given to them. Cap
tain Connell the American commander, was
of the same faith and had been worship
ing in the same church with them. With
all the assurance of friendship our men
were seated at their meal unarmed among
an apparently peaceful and friendly com
munity, when they were set upon from be-
hind and butchered. and their bodies when
found by their comrades the next day had
been mutilated and treated with indescrb-
able indignfties. Yet there was no such
severity by American soldiers in Samar as
General Sherman proposed toward the
Sioux after Fort Phil Kearney.
Credit Due to Subordinates.
1T is due. however, to the good sense and
Splf-raStra Mt Of Sp,itb
mates and their regard for laws Of war
rather than to his own self-control and
judgment that his Incorporate and unjusti-
fable verbal Instructions were not follow
ed, and that ne is relieved from the indeli-
BILE stain which would have resulted from
a literal compliance with them.
ut is the duty of a general officer whose
age and experience have brought him to
high command not to tncite his subordi-
mates to acts of lawlessness and violence,
but to so explain to them the Applicant of
the laws of war and the limitations upon
their conduct as to prevent transgressions
upon their part and supplement their
comparative inexperience by this wise con-
troll. In this Gen. Smith has signally failed,
and for this he has been justly convicted.
Although the sentence imposed Is exceed
ingly light, it carries with it condemna-
ton which for an officer of his rank and
this reason and for 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
seriously wounded in the civil war and in
the war with Spain, and. is about conclud-
ing q long and honorable career as faith
full and loyal servant of his country, l rec
ommend that the mild sentence imposed be
confirmed.
Should you approve the findings and SEN
tence of the court, in accordance with this
recommendation. 1 feel bound to say fur
Their that in view of the findings and sentence
and of the evident infirmities which have
made 1t possible that the facts found should
exist it is not longer for the interest of the
service that General Smith should continue
to exercise the command of his rank. His
usefulness as an example guide and con-
trolling influence for the Junior officers of
the army is at end, and as he Is already
upward of sixtytwo years of age, recon-
mend that you exercise the discretion vest
ed in you by law and now retire him from
active service
0JIfino for CT .JoSanb,s nrnhopr