The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-07-17
GEN. SMITH RETIRED
''HELL ROARING JAKE" NOW A
BACK NUMBER.
BECAUSE OF SAMAR ORDER.
HE TOLD WALLER TO KILL AND
BURN.


Root, in Reviewing the Case, En-
deavor to show That GEN. Smith
Is Not Half as Black rs He Has
Been Painted-His Oral Orders
Were Not Carried Into Effect, Ex-
cept by Waller, and No Women
and Children Were Killed, While
His Written Orders Are Declared
to Have Been Justified by the Com
ditions Under which They Were
Issued.
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 Maj. Waller Gen. Smith
was found guilty of the charges by the
court and sentenced to be admonished
by the reviewing authority. The Pres
ident has so admonished Gen. Smith
and retired him under the law which
provides that officers having reached
the age of go years may be retired at
will by the President. Secretary Root
supplements the reprimand of Presi-
dent Roosevelt in a long circular stat
ing that although Gen, Smith issued
the kill and burn" order. very few
persons were killed as a result of that
order, the cruelties being confined al
most wholly to the eleven natives
killed under Maj Walters direction.
Reviewed by the President.
Following is the text of the Presi-
dents review of the case:
white House. Washington, July a.
1902 By the President:
1.-The findings and sentence of the
court are approved. l am we'll aware
of the danger and great difficulty Of
the task our army has had in the
Philippine Islands, and of the well
nigh intolerable provocations it has
received from the cruelty, treachery
and total disregard of the rules and
customs of civilized warfare on
the part of the foes. also
heartily approve the employment Of the
sternest measures necessary to put a
stop to such atrocities and 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
| provocation for the commission of acts
of cruelty by junior officers and the
enlisted men. must make the officers
! in high and responsible position pecu-
| liarly careful in their bearing, and con-
| duct so as to keep a moral check over
any acts of an improper character by
their subordinates. Almost universally
| the higher officers have so borne them
selves as. to supply this necessary check
and with but few exceptions the Off
GERS and soldiers of the army have
shown wonderful kindness and forbear-
ance 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 the individuals or small
detachments. In the recent 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 partly
excused because of Maj. Walters mem
tai condition at the time;
this mental condition being due
to the fearful 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 commission of the
deeds which we regret. Loose and vio-
lent 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 pas
sions are strong.
Gen. Smith has behind him 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 1t 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. / hereby di-
rect that he be retired from the active
list.
Theodore Roosevelt"
Smith Didn't Mean II.
Secretary Roots review, addressed to
the President, July ~, recites Gen.
Smiths oral instructions to Maj. Wal
Ter as follows:
'Ii want no prisoners. / wish you
to kill and burn, the more you kill and
burn the better you will please me:''
that he wanted all persons killed who
were capable of bearing arms, and in
actual hostilities against the United
States; and designating the age limit
as ten years. Secretary Root then
says:
THE court sentenced him to be adj
monished by the reviewing authority
and appended the following explana-
ton: 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 suen
a meaning: and that the orders were
never executed in such sense, notwith-
standing that a desperate struggle was
being conducted with a cruel and saw
age foe.
IAN 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 Maj. Waller,
was guilty of Incorporate, inconsider-
ate and violent expressions, which, ii
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 of
the United States. Fortunately, they
were not taken literally and were not
followed. No woman or children or
helpless persons or non-combatants or
prisoners were put to death in pur-
suance of them
THE instructions in question bore no
relation to the acts for which Maj.
Waller was tried, and were not alleged
by him as Justification for those acts.
Mai Waller was tried for causing GER
tain 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 ac-
ton, not upon the ground of any or
Ansf