Evening journal., 1902-07-17
SMITH SULLIED
AMERICAN NAME
"AHthOr Of XIII and Burn
Order Retired
ROOSEVELT APPROVES FINDINGS
United States General DESTROYED his
Usefulness in The Army by
Actions in Philippines

Washington. July 17-Secretary
Root brought from Oyster Bay the case
OF General Jacob H. Smith. tried by
court-martial at Manila on account OF
orders to Major Waller. General Smith
was found guilty, of the charges by the
court-martial and sentenced to be ad-
monished by the reviewing authority.
The president has so admonished Cen
eral Smith and retired him under the
lew winch provides that officers having
reached the age Of GO years may be re-
tired at will by the president. Root
supplements the reprlmand of Presi-
dent Roosevelt in a long circular, in
which he explains the conditions which
resulted in The court-martial of General
Smith, and shows chat although Smith
issued the kill and burn" order. as a
matter of fact very few persons were
killed as a result Of that order, the cas-
ualties being confined almost wholly TO
the IL natives killed under Major Wal
ler's direction.
Following is the text of the presi-
dents review Of the case:
white House, Washington. July 12.
1902.-By the President: The findings
and sentence Of the court are approved.
/ am well aware of the danger and
great difficulty of the task our army
has had in the Philippine Islands and
of the well-nigh intolerable provoca-
tions it has received from the cruel
treachery and total disregard of the
rules and customs of civilized warfare
on the part of its foes / also heartily
approve Of the employment Of the
sternest measures necessary TO put a
stop to such atrpcities and to bring the
war to a close. In the recent cam-
paign ordered 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 Walters mental condition at the
time; this mental condition being due
to the fearful hardship and suffering
which he had undergone in his cam
paign. Loose and violent talk by an
officer of high rank is always likely
to excite to wrong doing among
his subordinates whose wills are weak
or whose passions are strong.
General Smith has behind him a
long career distinguished for gallan-
try. 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 IL is deeply to be regretted
that he should have so acted in this
instance as to interfere with his further
usefulness in the army. / hereby direct
that he be retired from the active list
THEODORE ROOSEVELT"
General Smith was found guilty OF
conduct TO the prejudice of good order
and military discipline, in that he gave
in the fall of 1901 to Major l.. W. 4.
Waller, of the Marine Corps, then
serving with a battalion of marine un-
der his orders as commander of the
Sixth Separate Brigade in Samar, the
following oral instructions:
81 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 of bearing
arms and in actual hostilities against
the United States; and did in reply tc
a question by Major Waller, asking fol
an age limit designate the age limit as
ten years of age.
The court sentenced him to he ad-
monished by the reviewing authority
and the court appended to the sentences
the following explanation: "The court
is thus lenient in view of the lndls-
puted evidence that the accused did
not mean everything that his unex-
planned language implied that hi.
subordinates did not gather sueh a
meaning; and that the orders wer,
never executed in such sense, not.
withstanding that desperate struggle
was being conducted with a cruel and
savage foe"
Qic- CRoar,ar Eoas Ont