Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-16
Action Taken by President
Roosevelt.
OFFICIALLY CENSURED
PAPERS BROUGHT FROM OYSTER
BAY,
Was Found Guilty of the Charges
Against Him by the Mill
tary Court

The celebrated case of Gen. ]. II. Smith
was settled today by an order of censure
issued by direction of the President and
the onlcer's compulsory retirement from
active service under the statute authorizing
such action in the case of officers sixty two
years OF age or over.
Cen Smith was found by the court
martial guilty of violating the rules of war
in issuing the order to kill and burn" and
sentenced to be admonished by the Presi-
dent.
Secretary Root took the record of the
case to Oyster Bay. and after full consid-
GRAFTON the President approved the find
ings and sent and directed Secretary
Root to execute the portion calling for an
admonition to the officer.
An order was also made for his retire
ment Immediately on his arrival at San
Francisco.
The Presidents Order.
The following is the Presidents order:
WHITE HOUSE.
Washington, July II. 1902.
By the President:
The findings and sentence of the court
are approved. l am well aware Of the
danger and great difficulty of the task our
army has had in the Philippine Islands and
has received from the cruelty. treachery
and total disregard of the rules and Gus
toms of civilized warfare on the part of
its foes.
l also heartily approve the employment
OF the sternest measures necessary to put
stop to such atrocities and to bring this war
to close. 1t would be culpable to show
weakness in dealing with such foes or to
fail to use all legitimate and honorable
methods to overcome them.
But the very fact that warfare is Of such
character as to afford infinite proyocation
for the commission OF acts of cruelty by
Junior officers and the enlisted men must
make the officers In high and responsible
position peculiarly careful in their bearing
ana conduct, so as to keep a moral check
over any acts Of an irnproper character by
their Subordinates.
Almost universally the higher officers have
so borne themselves as to supply this nee
essary 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 heart
lessness In warfare on the part OF indi-
v.dUals or small detachments
In the recent campaign ordered by Cen
eral Smith the shooting of the native
bearers by the orders of Major Waller was
an act which Suilfed the American name
and can be but partly excused because of
Major Walters mental condition at the
time; this mental condition being due to
the IeaT1ul hardship and suffering which
he had undergone in his campaign
1t is impossible to tell exactly how much
influence language like that used by Gen
smith may have had in preparing the
minds of those under him for the commits
sion Of the deeds which we regret. Loose
and violent talk by officer of high rank
Is always likely to excite wrongdong
those among his subordinates whose wills
are weak or whose passions are strong.
General Smith has behind him a long
career distinguished for gaIlantry and on
the whole for good conduct Taken in the
fun his work has been such to reflect
credit upon the American army and there
fore upon the nation: and it is deeply to be
regretted that he should have so acted in
this instance as to interfere with his fur
Their usefulness in the army. hereby direct
that he be retired from the active list.
THEODORE ROOSEVELT.
Gen. Smith is now on his way from Ma
Mia for San Francisco under his original
orders to assume command of the Depart
ment of Texas. That order has since been
cancelled.
Gen. Smiths Career.
General Jacob H. Smith. against whom
charges of parbarity in Samar We're made
| is native of Ohio. He began his military
| life as a lieutenant of the I'd Kentucky In
| fantry. June 4, 1861. Rising to a captaincy
| he served until the end of the civil war.
entering the 18th Regular Infantry as a
captain, May, 1861
He was with different regiments, and
during the Spanish war was lieutenant
| colonel of the 18th Infantry, serving in the
oattie or San Juan. and becoming colonel
| of the 7th Infantry October 20, 1899.
Since the autumn of 1889 Gen. Smith has
been on duty in the Philippines Early in
| !Soi he was made brigadier general upon
| three reports by Maj Gen. Arthur Mac
Arthur.
The first of these was dated December
| 26, 1859. when Gen. Macarthur was COM
| handing the I'd Division In the Philippines.
/ hot Nnl S,,ty ha IL
| br1gadier general. and inst anced gallant
conduct at San Fernando. Angeles and
| Magoianga, besides his personal gaIlantry
| in the assault at San Juan Hill, in Cuba
On May p, 1900. General Macarthur re-
| newed the recommendation in a dispatch to
| General Corbin. and repeated 1t in a dis
| ratch OF February 3, 1901. The promotion
| followed Up to the present instance Cen
! erai Smiths record was distinguished and