David Gaskill Swaim (1834–1897) was

Judge Advocate General of the United States Army The Judge Advocate General of the United States Army (TJAG) is the senior officer of the Judge Advocate General's Corps of the United States Army. Under Title 10 of the United States Code, the TJAG is appointed by the President of the United State ...

from February 18, 1881, to December 22, 1894.

Career

Born in

Salem, Ohio Salem is the largest city in Columbiana County, Ohio, with a small district in southern Mahoning County. At the 2020 census, the city's population was 11,915. It is the principal city of the Salem micropolitan area in Northeast Ohio. It is 18 m ...

, in December 1834, Swaim became a lawyer in 1858. With the outbreak of the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...

, he joined the 65th Ohio Infantry as a

first lieutenant First lieutenant is a commissioned officer military rank in many armed forces; in some forces, it is an appointment. The rank of lieutenant has different meanings in different military formations, but in most forces it is sub-divided into a s ...

. He was later promoted to adjutant of his regiment, and then acting adjutant of the brigade. He was wounded at the battles of Shiloh and

Chickamauga Chickamauga may refer to: Entertainment * "Chickamauga", an 1889 short story by American author Ambrose Bierce * "Chickamauga", a 1937 short story by Thomas Wolfe * "Chickamauga", a song by Uncle Tupelo from their 1993 album ''Anodyne (album), Ano ...

and was promoted to captain. When the war ended, he remained in the Army, serving in the

Judge Advocate General's Corps The Judge Advocate General's Corps, also known as JAG or JAG Corps, is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps and Navy. Officers serving in the JAG Corps are typically called judg ...

until 1879, when President

Rutherford B. Hayes Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governor ...

appointed him Judge Advocate General and promoted him to

brigadier general Brigadier general or Brigade general is a military rank used in many countries. It is the lowest ranking general officer in some countries. The rank is usually above a colonel, and below a major general or divisional general. When appointed ...

. Swaim had leapfrogged over judge advocates senior to him as a result of his relationship to President-elect

James A. Garfield James Abram Garfield (November 19, 1831 – September 19, 1881) was the 20th president of the United States, serving from March 4, 1881 until his death six months latertwo months after he was shot by an assassin. A lawyer and Civil War gene ...

. This created a degree of enmity among the officers who served under Swaim’s supervision. In United States v. Mason, Swaim advised President

Chester Arthur Chester Alan Arthur (October 5, 1829 – November 18, 1886) was an American lawyer and politician who served as the 21st president of the United States from 1881 to 1885. He previously served as the 20th U.S. vice president, vice president un ...

that the court-martial did not possess jurisdiction over a sergeant who had tried to kill Garfield's assassin. Arthur disagreed and determined not to follow Swaim's advice. Instead, Arthur turned to Major Asa Bird Gardiner to argue to the Supreme Court that Mason's court-martial conviction should stand. This may have been the start of the Swaim's downfall. He was a companion of the

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Commandery of the

Military Order of the Loyal Legion of the United States The Military Order of the Loyal Legion of the United States (MOLLUS), or simply the Loyal Legion is a United States patriotic order, organized April 15, 1865, by three veteran officers of the Army. The original membership was composed of members ...

. Another basis for Swaim's ultimate downfall might have resided in his desire to enforce equal treatment for African-American soldiers and officers. As Judge Advocate General, he voided court-martial findings against

Johnson Chesnut Whittaker Johnson Chesnut Whittaker (August 23, 1858 – January 14, 1931) was one of the first black men to win an appointment to the United States Military Academy at West Point.Purdum, Todd S"Week in Review: 115 Years Late, He Won His Bars."''New York T ...

. This action was confirmed by President

Chester A. Arthur Chester Alan Arthur (October 5, 1829 – November 18, 1886) was an American lawyer and politician who served as the 21st president of the United States from 1881 to 1885. He previously served as the 20th vice president under President James A ...

, but may have led to "ill will" against Swaim.

Later life and death

In 1884, charges of financial improprieties were levied against him, and he was suspended from duty for ten years. President

Grover Cleveland Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American ...

reinstated him, and he retired immediately afterward. He died three years later at his home in

Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

Footnotes

Sources

* {{DEFAULTSORT:Swaim, David G. United States Army generals 1834 births 1897 deaths People from Salem, Ohio