The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-07-17
sixty-Two Years Old, and Therefore
Subject to the Presidents Wish in
Regard to- Retirement.
TWO REVIEWS OF THE CASE
SECRETARY ROOTS RESUME AND
THE PRESIDENTS APPROVAL.
Gen. Smiths Verbal Instructions to
Waller Indiscreet-Duty of Officers
in Command of Troops.

WASHINGTON. July 16.-Secretary Root
brought from Oyster Bay the case of Gen.
Jacob II. Smith. tried by court-martial at
Manila on account of orders issued to Ma
Jor Waller. General Smith was found gull
~ of the charges by the court and SEN
fenced TO be admOnished by the reviewing
authority. The President has so admon-
ished General Smith and retired him under
the law which provides that officers having
reached the age Of sixty-two years may be
retired at will by the President. Secretary
Root supplements the reprimand of Pres
ident Roosevelt in long circular, in which
he explains the conditions which resulted in
the court-martiaI of General Smith and
shows that. although General Smith issued
the kill and burn" order. as a matter of
fact very few persons were killed as
suit Of that order, the casualties being con-
fined almost wholly to the eleven natives
killed under Major Walters direction.
Following is the text of the Presidents
review of the case:
white House, Washington, July a.
The findings and sentence of the court
are approved l am well aware of the dan
ger and great difficulty of the task our
army has had IN the Philippine islands and
or the well-nigh intolerable provocations it
mas received from the cruelty, treachery
and total disregard OF the rules and Gus
toms OF civilized warfare on the part of its
foes. also heartily approve the employ
ment or the sterneSt measures necessary to
put stop 10 such atrocities and TO bring
this war 10 a close. II would be culpa bic
10 show weakness in dealing with such foes
or 10 rail- 20 use all legitimate and honor
able methods TO overcome them. But the
very fact that warfare Is of such character
as TO afford infinite provocation for the
commission OF acts OF cruelty by junior Off
GERS and the enlisted men must make the
omcers IN high and responsible positions
particularly careful in their bearing and
conduct so as TO keep moral check over
any acts OF an improper character by their
subordinates. Almost universally the high
er 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
improper heartlessness in WARFARE on the
part OF individuals or small detachments
In the recent campaign ordered by Gen.
eral Smith the shooting of the native bear
ers by the orders Of Major Waller was an
act which sullied the American name and
can be but partly excused because of Major
Walters mental condition at that time; this
mental condition being due to the fearful
hardship and suffering which he had under
gone IN his campaign. II is impossible 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
ofhcer OF high rank is always likely to ex-
cite 20 wrongdoing those among his subordi-
mates whose wills are weak or whose pas
sions are strong.
General Smith has behind him long ca
reer distinguished for gallantry, and on
the whole, for good conduct Taken in the
full, his work has been such as TO reflect
credit on the American army and there
fore on the Nation, and IL is deeply to be re-
gretted that he should so have acted in this
instance TO interfere with his further use
fulness in the army. l direct that he be
retired from the active list
THEODORE ROOSEVELT"