The Saint Paul globe., 1902-07-17
ACTION IN CASE OF GENERAL. Ac-
CUSED OF ATROCITIES IN
THE PHILIPPINES.
ADMONlSHED BY PRESIDENT
AND PLACED ON RETIRED LIST
Text of the Review of the Case by
President Roosevelt and the Secre-
tary of War-Conduct of Army Gen.
orally Humane, but Some Glaring
Exceptions Are Acknowledged.

tried by court martial at Manila on
account of orders issued to 4daj Waller.
Gen. Smith was found guilty of the
charges and sentenced to be admon-
ished by the reviewing authorities.
The president has so admoniShed Gen.
Smith and retired him unGer 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 t.. rep
rimand of President Roosevelt in lona
circular, in which he explains the con-
dltons which resulted in the court
martial of Gen. Smith and shows that
although Smith issued the kill and
Durn" order, as a matter of fact very
few persons were killed as a result
of that order, the casualties being con-
fined almost wholly to the eleven ma
tives killed under Maj Walters direc-
ton.
Following is the text of the presi-
dents review of the case:
Presidents Review.
"The findings and sentence of the
court are approved. l am we'll aware
of the danger and greac GifIiculty of
the task our army has had in the
Philippines and of the well-nigh in
tolerable provocations 1t has received
from the cruelty, treachery and total
disregard of the rules ana customs
OF civilized warfare on the part of its
foes. l also heartily approve the en-
ploy of the sternest measures neces-
sary to put 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 honorable meth
DDS 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 officers and the
enlisted men, must make the officers
In high and responsible positions pc
culiarly careful in their bearing and
conduct so as to keep a moral check
over any acts of an improper charac-
ter by their subordinates. Almost uni
versally the higher officers have so
borne themselves as to supply this nee
eSsary check; and with but eeW excep-
tlons, the officers and soldiers of the
army have shown wonderful kindness
and fOrbearance in dealing with then
foes.
Torture and HeartIessness.
But there have been exceptions;
there have been instances of the use3
of tortures and of improper hearttess-
ness in warfare on the part of indiVid-
uals or small detachments. In the re-
cent campaign ordered by Gen. Smith,
the shooting of the native bearers by
the orders of Maj Waller was an act
which sullied the American name and
can be but apartly excused because Of
Maj Walters mental condition at the
time; this mental conGition being due
to the fearful hardship and suffer ring
which he had undergone in his cam
paign.
1t is impossible to tell exactly how
much influence language likz that used
by Gen. Smith may have had in prepar-
ing 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 subordinates whose wills are weak
or whose passions are strong.
Gen. Smith has behind him a long
career distinguished for gallantry and
one the whole for good conduct. TAX
| en- 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 in
stance as to interfere with his further
usefulness in the army. I hereby di-
rect that he be retired from tho active
list"
Secretary Roots Summary.
The following is the review Of Sec
retary Root:
Il transmit herewith the record and
| proceedings upon the trial OF Brig.
Gen. Jacob H. Smith by courtmartial
! convened under your order dated April
Il, 1902, and now brought before you
| as reviewing authority. Gen. Smith
was found guilty of conduct to the
! prejudice of good order and military
discipline in that he gave in he fall
OF 1901, to Maj. L. w. T. Waller, of
| the marine corps, as commander OF
the Sixth separate brigade, in Samar,
the following oral instructions:
L want no prisoners. I wish you to
| kill and burn, the more you kill and
burn the better you will please me-
and further that he wanted all persons
| killed who were capable If bearing
arms and in actual hostilities against
the United States; and did in "eply to
a question by Maj. Waller ask ng for
an age limit designate The age Iinfl
as ten years of age.
The court sentenced him to be ad-
monished by the reviewing authority.
and the court appended to the sentence
the following explanation:
Court Lenient.
THE court is thus fenient 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
meaning; and that the orders were
| never executed in such sense nctWith.
standing that a desperate struggle was
! being conducted with d Cruei ana saw
age foe.'
! AN examination Of the evidence has
satisfied me that the conviction was
| just and that the reasons stated for
the very light sentence imposed are
sustained by the facts. Gen. Smith.
in his conversation with Mai. Waller
was guilty of Incorporate, in .onsid-
crate and violent expressions which.
if accepted literally, would grossly vio-
late the humane rules governing
American armies in the field, and If
followed would have brought lasting
disgrace upon the military service or
the United States. Fortunately they
were not taken literally and were not