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The Commoner.
July 35, 1903
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THE SMITH COURTMARTIAL.
Tho findings in the court-martial
proceedings of Gen. Jacob H. Smith
were made public July 16. General
Smith was convicted because of his
famous kill and burn' order .and was
sentenced to be admonished hy the
reviewing authority. Secretary Root's
lettor transmitting the court proceed
ings, is as follows:
"I transmit herewith the record and
1 proceedings upon the trial of Brigadier
General Jacob H. Smith -by court-martial)
convened under your order dated
April 21, 1902, and now Drought before
you as reviewing authority.
"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. Wal
ler of the marine corps, then serving
with a battalion of marines under hi3
orders, as commander of the Sixth sep
arate brigade in Samar, the follow
ing oral instructions:
"'1 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 for an age limit, designate the
age limit as 10 years or age. The
court sentenced him to be admonished
by the reviewing authority, and the
court appended to the sentence the fol
lowing explanation:
" 'The court is thus lienient, in view
of the undisputed evidence that the ac
cused did not mean everything that
his unexplained language implied;
that his subordinates did not gather
such a meaning, and that the orders
wore never executed in such sense, not
withstanding that a desperate strug
gle was being conducted with a cruel
and savage foe.'
"An examination of the evidence has
satisfied me that the conviction was
just and that the reasons stated for
the light sentence imposed are sus
tained by the facts. General Smith,
in his conversation with Major Wal-
ler, was guilty of intemperate, incon
siderate and violent expressions,
which, if accepted literally, would
- grossly violate the humane American
armies in the field, and if followed
would have brought everlasting dis
grace on the military service of the
United States. Fortunately they were
not taken literally nor followed No
women or children nor non-combat-tants
were put to death, in pursuance
of them.
"An examination of the record and
proceedings upon the trial of Major
Waller, which' immediately preceded
that of General Smith, shows that the
instructions in question bore no rela
tion to tho acts for which Major Wal-
ler was tried, and were not alleged by
him as justification for those acts.
Major Waller was tried for causing
certain natives who had acted as
bearers or guides of one of the expedl
tions to be put to death for treachery
. without proper trial, and he defended
his action, not upon the ground of any
orders received from General Smith,
but upon the ground that as command
ing officer ho was justified by the
laws of war.
"General Smith's written and printed
orders and the actual conduct of mili
tary operations In Samar were justi
fied by tho history and conditions of
the warfare with the cruel and treach
erous savages who inhabited the isl
and, and their entire disregard of the
laws ot war were wholly within the
limitations of General Order No. 100
of 1863; and were sustained by prece
dents o; the highest authority. Thus,
in 1779, Washington ordered General
Sullivan in the campaign against the
Six Nations to seek and look to tho de
struction and devastation of their set
tlements. He wrote: 'But you will
not by any means listen to overtures
of peace before the total ruin of thoJr
settlement is effected. . . . Our fu
ture security will be in their inability
to injure us, the distance to which
they are driven, and In the terror with
which the severity of the chastisement
they receive will inspire them.'
"The Fort Phil Kearney massacre in
1866, for base treachery, revolting
cruelty and the conditions of serioui
danger which followed it, did not ap
proach the massacre of Balangiga, in
Samar, in September, 1901. There the
natives had been treated with kindness
and confidence, liberty and self-government
had been given to them. Cap
tain Connel, the American commander,
was of the same faith and had been
worshipping in the same church with
them. With all the assurance of
friendship our men were seated at
their meal unarmed among an ap
parent peaceful and friendly commun
ity, when they were set upon from be
hind and butchered and their bodiQ3
when found by their comrades the next
day had been mutilated and treated
with indescribable indignities. Yet
there was no such severity by Ameri
can soldiers in Samar as General
Sherman proposed toward the Sioux
after Fort Phil Kearney.
"It is due, however, to the good
sense and self-restraint of General
Smith's subordinates and their regard
for the laws of war, rather than to hl3
own self-control and judgment, that
his intemperate and unjustifiable ver
bal instructions were not followed and
that he Is relieved from the indelible
stain which would .have resulted from
a liberal compliance with them.
"It Is the duty of a general ofllcer,
whose age and experience have
brought him to high command not to
incite his subordinates to acts of law
less violence, but to so explain to
them that the application of the laws
of war and the limitations upon their
conduct as to prevent transgressions
upon their part and supplement their
comparative inexperience by his wise
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control. In this Goneral Smith has
signally failed, and for this he has
been justly convicted. Although tho
sentence imposed Is exceedingly ltght
it carries with it a condemnation
which, for an ofllcer of his rank ana
age, is really a sovero punishment.
For this reason and for tho further
reason that General Smith has served
his country long and faithfully, has
exhibited high courage and good con
duct in many battles, has been sori"
ously wounded in the civil war and in
the war with Spain and Is about con
cluding a long and honorable career
as a faithful and loyal servant of bis
country, I recommend that the mild
sentence imposed be confirmed.
"Should you approve the findings
and sentence of the court in addition
to this recommendation I feel to sav
further that in view or the findings
and sentence and of tho evident in
firmities which have made it possible
that the facts found should exist, it ie
no longer for the good of the service
that he should continue In his rank.
His usefulness as an example, guide
and controlling interest for the junior
'officers of the army is at an end. And
as he is already upward of 62 yea-s
of age, I recommend that you exercise
tho discretion vested In you by law
and now retire him from active ser
vice. ELIHU ROOT,
"Secretary of War."
Following is tho text of the presi
dent's review of the case:
White House, Washington, July 14,
1902. By the President: "The find
ings and sentence of tho court are
approved. I am wei! aware of the
danger and great difficulty of the task
our army has had In tho Philippine
islands and of the well-nigh intoler
able provocations it has received from
the cruelty, treachery and total dis
regard of the rules and customs of
civilized warfare on the part of its
foes.
"I also heartily approve the employ
ment of the sternest measures neces
sary to put a stop to such atrocities
and to bring this war to a -close. It
would be culpable to show weaknesa
In dealing with such foes or fail to
use all legitimate and honorable meth
ods to overcome them.
"But the very fact that warfare is
of such character as to afford "infinite
provocation for tho commission of
acts of cruelty by junior officers and
the enlisted men, must make the offi
cers in high and responsible positions
peculiarly careful in their bearing and
conduct so to keep a moral check over
any acts of an improper character by
their subordinates.
"Almost universally the higher offi
cers have so borne themselves as to
supply this necessary check; and with
but few exceptions the officers and
soldiers of the army have Shown won
derful kindness and 'forbearance In
dealing with their foes. But thero
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
General Smith the shooting of the na
tive bearers by tho orders of Major
I Waller was an act which sullied -the
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American name and can be but partly
excused by Major Waller's mental
condition at the time; this mental
condition being due to tho fearful
hardships and suffering which he had
undergone in his campaign. It is Im
possible to tell exactly how much in
fluence language like that used by
General Smith may have had in pre
paring the mind of those under him
for the commital of the deeds which
wo regret. Loose and violent 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 passions are strong.
"General Smith has behind him a
long career distinguished for gal
lantry and on the whole for good con
duct. Taken in" the full, his work has
been such as to reflect credit upon tho
American .army and therefore upon
the nation; and it is deeply to be re
gretted 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 relieved from
tho active list. j
"THEODORE ROOSEVELT."
"If we are to have colonies, we must
have a big navy to protect them," de
clared President Roosevelt as he
signed the naval appropriation bill
passed by congress. The president's
utterance Is true If we are to havo
colonies we must have a big navy to
protect them, but how long since the
republicans have" been admitting the
colonial idea. Was not the impetuous
president a trifle too rank that time?,
Rock Island (111.) Argua,
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