New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
GEN. SMITH PUNISHED.
REPRIMANDED AND COMPUL.
SORILY RETIRED.
aKILL AND BURN IN SAMAR" ORDER
AND SECRETARY ROOT
GBY TELEGRAPH TO THE rR1BUxE.I

tBY TELEGRAPH TO THE rRIBUNE.l
washington. July 16.-The President has set
tied the celebrated case OF Brigadier General
Jacob H. Smith by placing that officer the
retired list, and by administering a severe ad-
uonition to him has warned the army that
cruelty to Filipinos will not be countenanced.
General Smiths removal from active service
Is made Secretary Roots recommendation
and Under the statutory provision which gives
= the commander in chief discretion to retire an
officer who has reached the age of sixtytwo
years. The admonition. which in this instance
amounts TO a sharp censure, follows the
tence OF the court martial that tried General
Smith for his kill and burn" instructions to
Major Waller. which contemplated the exter-
mination Of all insurgents over ten years old.
The President also takes occasion to express
his disapproval Of the acts Of Major Waller,
who had been exonerated from blame by
court martial.
THE PRESIDENTS ACTION.
Following is the text of the Presidents review
Of the case:
White House. Washington. July IA. 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 Of the we'll nigh in
toerable provocatons IL has received from the
cruelty, treachery and total disregard of the
rules and customs OF civilized warfare the
part Of its foes L also heartily approve the
employment Of the sternest measures necessary
put a stop to such atrocities and TO bring this
war 10 a close. 1t would be culpable TO show
weakness in dealing with such foes, to fail
20 use all legitimate and honorable methods TO
overcome them. But the very fact that warfare
Is Of such character as to afford infinite provo
cation for the commission of acts OF cruelty by
Junior officers and the enlisted men must make
the ofhcers in high and responsible positions
peculiarly careful in their bearing and conduct
as 10 keep q moral check over any acts of
improper character by their subordinates.
Almost universally the higher officers have so
borne themselves as to supply this necessary
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 i'm
proper heaTtlessness in warfare the part Of
individuals or small attachments. In the recent
ing Of the native bearers by the orders of
Major Waller was 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 campaign. It is impossible
70 tell exactly how much influence language
like that used by General Smith may have had
in preparing the minds Of those under him for
the commission Of the deeds which regret.
Loose and violent talk by an officer Of high rank
is always likely TO excite to wrongdoing those
among his subordinates whose wills weak
whose passions are strong.
General 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 IL is deeply TO be regretted that he should
have acted in this instance 10 interfere
with his further usefulness in the army. l here
by order that he be retired from the active list
THEODORE ROOSEVELT.