New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
Mr.. ROOTS RECOMMENDATIONS.

The following is the review of Secretary Root:
War Department. Washington. July II. 1902
To the President:
I transmit herewith the record and proceed
ings upon the trial Of Brigadier- General Jacob
H. Smith by court martial. convened under your
order dated April 81 1902 and brought
before you as reviewing authority.
General Smith found guilty of conduct
to the prejudice Of good order and military dis
cipline in that he gave, in the fall of 1901, to
Major l. W. T Waller, OF the marine corps
then serving with a battalion or marines under
his orders commander Of the Sixth Separate
Brigade in Samar. the following oral instruc-
tons:
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 want
ed all persons killed who were capable of bear
ing arms and in acrual hostHttifs- against the
United States. ana did. in. reply to question by
Major Waller asking for an age limit, designate
the age limit as ten years Of age.
The court sentenced him TO b. admonished by
the reviewing authority, and the court append
&C to the sentence the following explanation:
The court is thus Ienient in view Of the undis-
everything that his unexplained language implied
ma and that the orders %er Ter U executed In
such sense notVithstan dinr that desperafe strlg-
foe foe was being conducted with cruel and savage
An examination Of the evidence has satisfied
me that the conviction was just and that the
reasons stated for the very light sentence i'm
posed are sustained by the facts. General
Smith. in his conversation with Major Waller,
guilty Of Incorporate. inconsiderate and
violent expressions. which, If accepted literally,
would grossly violate the humane rules govern
ing American armies in the field, and if fol-
lowed would have brought lasting disgrace upon
The military service of the United States. Fortu-
nately, they not taken literally and were
not followed. No women or children or helpless
persons or non-combatants or prisoners were
put TO death in pursuance OF them.
An examination Of the record and proceed
ings upon the trial of Major Waller, which i'm
mediately preceded that Of General Smith, shows
that the instructions in question bore rela-
tiOn the acts for which Major Waller was
tried. and were not alleged by him as Justihca-
ton for those acts. Major waller was tried for
causing certain natives, who had acted as bear
ers. or guides Of of his expeditions, to be
put TO death for treachery without proper trial;
Of any orders received from General Smith, but
upon the ground that as commanding officer he
justified by the laws Of war.
General Smiths written and printed orders
and the actual conduct Of military operations
In Samar were justified by the history ana con-
oitions Of the warfare with the cruel ana
and their entire disregard of the laws of war;
were wholly within the limitations of General
Orders No 100 of 1863 and were sustained by
precedents of the highest authority. Thus In
the campaign against the Six Nations TO seek
the total destruction and devastation of their
settlements. He wrote:
But you will not by any means listen 70 overtures
Of peace before total ruin OF their settlements is
Effected Our future security VIII De IN tneir
inability to injure US the DISTANCE to which they
them
!. The Fort Phil Kearny massacre. IN looo' Tor
base treachery. revolving cruelty and the con-
cltions Of serious danger which foloweo IT, oio
not approach the massacre OF Balanglga, IN
samar. in September. 1901. There the natives
had been treated with kindness and commence;
liberty and elf-government had been given
10 them. CAPTAIN ConneI the American COM
mander. was Of the same faith and mao oeen
Horshipping in the same church Wltn tneII.