Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-07-17
GEN. SMITH RETIRED
By President, After Approval Of
Courtmartial's Findings.
His Orders in Dealing With FiIipinos
Were Unjust and Cruel.
Praise fer Past Record but Censure for
His BIunder.

| Washington, July 1G. - Secretar,
Root brought from Oyster Bay tn,
case of Gen. Jacob H. Smith, tried by
| courtmartial at Manila on account O.
orders issued to. Major Waller. Gen
Smith was found guilty of the charge.
by the court and sentenced to be ad-
monished by the reviewing authority
The President has so admonished the
general 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 Sec
rotary Root supplements the repr-
mand of the President in a long cir
| cular letter in which he explains the
conditions which resulted in the court
martial 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 a re-
suit of that order, the casualties be-
ing confined almost wholly to the II
natives killed under Major Walters
direction.
Following is the text of the Presi-
dents review of the case:
white House, July IA.
by the President.
1.-The finding and sentence of court are
approved | am well aware of the danger
and great difficulty OF the task our army
has had in the Philippines and the well
nigh intolerable provocation it has re-
ceived from cruelty, treachery and total
disregard of the rules and customs of civ
ilZed warfare on tie part of it's 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 cuIpable to show weak
ness in dealing with such foes or to fail
to use all legitimate and honorable meth
DDS to overcome them. But the very fact
that warfare is OF such character as to
afford infinite provocation for the conf
mission of acts of cruelty by junior Off
GERS and enlisted men must make the Of
ficers in high and responsible positions
peculiarly careful in their bearing and
conduct so as to keep moral check over
any act of an improper character by their
subordinates. Almost universally the
as to supply this necessary check; and
with but few exceptions the officers and
soldiers have shown wonderful kindness
and forbearance in dealing with their foc
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
attachments. In the recent campaign or
dered by Gen. Smith the shooting of the
native bearers by the order of Ma jor Wal
Ter was an act which sullied the American
name and can be but partly excused be.
cause of Major Walters mental condition
at the time. This mental condition was
due to the fearful hardship and suffering
which he had undergone in his campaign
1t is impossible to tell exactly how much
influence language ike that used by Gen.
Smith may have mad in preparing the
minds of those under him for the COM
mission OF the 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.
General Smith has behind him a 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 interfere
with his further usefulness i'll the army.
| hereby direct that he be retired frora
the active list.
Theodore Roosevelt
The following is the review of Secre-
tary Root:
"War Department.
washington, July u, 19o2.
'"To the President:
Il transmit herewith the record and
proceedings upon the trial of Brig. Gen:
Jacob II. Smith by courtmartial convened
under your order dated April q, 1902. ana
now brought before you as reviewing au-
thority:
Gen Smith was found guilty Of con-
duet to the prejudice of good order ana
military discipline in that he gave, in the
fall of 1901 to Maj d. w. T. Waller OF
the Marine Corps, then serving with a
battalion of marines under his orders as
commander of the 9th Separate Brigade
in Samar, the following oral instructions
"I want no prisoners. | wish you 70
kill and burn, the more you kill and burn
the better you will please me-; and fur,
| Their that he wanted all persons killed
who were capable of bearing arms and
| in actual hostilities against the United
States; and did in reply to question Dy
Maj. Waller asking for an age limit, des-
ignate the age limit as 10 years OF age.
| THE court sentenced him to be admon-
ished by the reviewing authority and the
court appended to the sentence the fo.-
/ lowing explanation.
| THE court is thus lenient in view OF
| the undisputed evidence that the accused
did not mean everything that his uneN-
planned language implied; that his suoor-
| dinates did not gather such meaning
and that the orders were never executed
IN such sense. Notwithstanding that 4
| desperate struggle was being continued
with a cruel and savage force enemy.
IAN examination of the evidence mas
satisfied me that the conviction was JUST
and that toe reasons stated for the very
light sentence imposed are sustained by
the facts Gen. Smith in his conversd-
| ton with Mai. Waller was guilty OF IN
temperate reconsideration and violent ex-
preston. which. if accepted literally
would grossly violate the humane rules
governing American armies in the field
land If followed woGld have brought last
ling disgrace upon the military service %
the United States Fortunately they
were not taken literally and were not fol
lowed No women or children or help
less persons or non -combatants or prison
ers were put to death In pursuance o.
them.
IAN examination Of the record and pro
oeedings upon the trial of Maj. Waller
(which Immediately preceded that of Gen
smith shows that the instructions il
question bore no relation to the acts TO
| which Mai. Waller was tried, and wer'
not alleged by him as justification. TO
those acts Maj. Waller was tried TO
causing certain natives. who had acte,
as bearers or guides of one of his expo
ditions, to be put to death for PREACHER.
without proper trial. and he defended hi
| action. not upon the ground of any or
ders received from Gen. Smith but upol
the ground that as commanding officer n
was justified by the laws of war.
Gen. Smiths written and printed or
ders, and the actual conduct of miltar'
operations in Samar. were justified pl
this story and conditions of warfar
with the cruel and treacherous native.
who inhabited the island. and their en-
tire disregard of the laws of war; weri