The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-07-18
A REVIEW OF HIS CASE MADE
PUBLIC
PRESIDENT AND SECRETARY
Both Admonish the Army Omcer.
The President Retires Him. Hav-
Subordinates Praised for their Re-
straint-He is Useless as an EN-
ample. Guide and Controlling In
nuence-Major Waller Issued the
"Burn and XIII Ordcr

brought from Oyster Bay the case of
General Jacob II. Smith. tried by court
martial at Manila on account OF orders
issued to Major Waller General Smith
was found guilty OF the charges by the
court and sentenced TO be admonished
by the reviewing authority. The presi-
dent has so admonished General Smith
and retired him under the law which
provides that officers having reached
the age of 62 years may be retired at
will of the president. Secretary Root
supplements the reprimand of President
| Roosevelt in a long circular, which
shows that although Smith ISSUED the
kill and burn order, very few persons
were killed as result of that order.
the cruelties being confined almost
wholly to the eleven natives killed un-
der Major Walters direction.
Following is the text of the presi-
dents review of the case:
White House.
| Washington, d. c., July a. 1902
| by the President:
The findings and sentences of the
| court are approved. 1 am well aware of
| task our army has had in the Philippine
| islands and of the well nigh in tolerable
| provocationS it has received from the
cruelty, treachery and total disregard
| of the rules and customs of civilized
| warfare on the part of its foes.
l also heartily approve the employ
| ment OF the sternest measures neces-
| sary to put stop to such atrocities and
| to bring this war to close. It would
! be culDable to show weakness in deal
| ing 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 to af-
| ford infinite provocation for the COM
| mission of acts of cruelty by junior Of
| fcerS and the enlisted men, must make
| the officers in high and responsible po-
| Sition peculiarly careful in their bearing
and conduct so as to keep moral check
| over any acts of an improper character
by their subordinates. Almost univer-
| sally the higher officers have so borne
| themselves as to supply this necessary
| check; and with but few exceptions the
| officers and soldiers nf 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 de-
| tachments. In the recent campaign or
| dered by General Smith, the shooting OF
| the native bearers by the orders OF
| Major Waller was an act which sullied
| the American name and can be but
| partly excused because of Major Wal
| ler's mental condition at the time; this
| mental condition being Que to the fear
| full hardships which he had undergone
| in his campaign. 1t is impossible 10 tel
| exactly how much influence language
like that used by General Smith may
/ no hc1 in ono ri hn min nj
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 do
ing 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
in the army. I hereby direct that he be
| retired from the active list.
(Signed.)
THEODORE ROOSEVELT
Secretary Roots review, addressed 20
the president, July 18th recites General
| Smiths oral instructions to Major Wal
| Ter as follows:
| Il want no prisoners. / wish you 10
kill and burn, the more you kill and
| burn, the better you will please me;
| that he wanted all prisoners 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 says then: The court
| sentenced him to be admonished by the
| reviewing authority, and appended the
| following explanation:
| The court is thus lenient in view Of
| the undisputed evidence that the &C
| cused did not mean everything that his
| unexplained language implied; that his
| subordinates did not gather such a
| meaning; and that the orders were
| never executed in such sense notwith-
| standing that desperate struggle was
being conducted with a cruel and 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 sus-
| tanned by the facts General Smith. In
| his conversation with Major Waller,
| was guilty of Incorporate, tnconsiderate
| and violent expressions, which, IL ac-
1 cepted literally, would grossly violate
4 the humane rules governing American
4 armies In the field. and IL followed
| would have brought lasting disgrace
4 upon the military service Of the Unit
i ed States. Fortunately those were not
j taken literally and were not followed.
/ No women or children or helpless per-
/ sons of non-combatants or prisoners
i Were put TO death In pursuance OF them.
The instructions in question bore no
relation TO the acts for which Major