David Gaskill Swaim (December 22, 1834 – August 17, 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 United States Army Judge Advocate General's Corps, Judge Advocate General's Corps of the United States Army. Under Title 10 of the United States Code, the TJ ...

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

Career

Born in

Salem, Ohio Salem is a city in Columbiana County, Ohio, United States. The population was 11,915 at the 2020 United States census, 2020 census. Salem was founded by Quakers in 1806 and played a key role in the Abolitionism in the United States, abolitionist ...

, on December 22, 1834, Swaim became a lawyer in 1858. With the outbreak of the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

, 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 se ...

. 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 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 (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 judge advocates ...

until 1879, when President

Rutherford B. Hayes Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was the 19th president of the United States, serving from 1877 to 1881. Hayes served as Cincinnati's city solicitor from 1858 to 1861. He was a staunch Abolitionism in the Un ...

appointed him Judge Advocate General and promoted him to brigadier general. 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 1881 until his death in September that year after being shot two months earlier. A preacher, lawyer, and Civi ...

. This created a degree of enmity among the officers who served under Swaim’s supervision. Swaim was present at Garfield's death due to an assassin's bullet, watching over him during his last moment of consciousness. Awaking to a great pain in his chest, Garfield requested a drink of water from Swaim. After finishing his glass,

Garfield ''Garfield'' is an American comic strip created by Jim Davis (cartoonist), Jim Davis. Originally published locally as ''Jon'' in 1976 (later changed to ''Garfield'' in 1977), then in nationwide Print syndication, syndication from 1978, it chro ...

said, "Oh Swaim, this terrible pain—press your hand on it." As Swaim put his hand on Garfield's chest, Garfield's hands went up reflexively. Clutching his heart, he exclaimed, "Oh, Swaim, can't you stop this? Oh, oh, Swaim!" Those were Garfield's last words. In United States v. Mason, Swaim advised President

Chester Arthur Chester Alan Arthur (October 5, 1829 – November 18, 1886) was the 21st president of the United States, serving from 1881 to 1885. He was a Republican from New York who previously served as the 20th vice president under President James A. ...

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 Swaim's downfall. He was a companion of the

District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...

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 military order organized on April 15, 1865, by three veteran officers of the Union Army. The original membership was consisted ...

. 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. This action was confirmed by President

Chester A. Arthur Chester Alan Arthur (October 5, 1829 – November 18, 1886) was the 21st president of the United States, serving from 1881 to 1885. He was a Republican from New York who 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 the 22nd and 24th president of the United States, serving from 1885 to 1889 and from 1893 to 1897. He was the first U.S. president to serve nonconsecutive terms and the first Hist ...

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

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

Two days after his death, Swaim was interred with military honors at

Arlington National Cemetery Arlington National Cemetery is the largest cemetery in the United States National Cemetery System, one of two maintained by the United States Army. More than 400,000 people are buried in its 639 acres (259 ha) in Arlington County, Virginia. ...

on August 19, 1897.

Footnotes

Sources

* {{DEFAULTSORT:Swaim, David G. 1834 births 1897 deaths People from Salem, Ohio Ohio lawyers People of Ohio in the American Civil War Union army officers Judge advocates general of the United States Army United States Army generals Military personnel from Washington, D.C. Burials at Arlington National Cemetery