History of the Judge Advocate General's Corps, United States Army

• Author: By Colonel William F. Fratcher&quot
• Pages: 04

On July 3, 1716, General George Washington assumed command of the sixteen thousand New England militiamen besieging Boston and established General Headquarters of the Continental Army at Cambridge, Xassachusetts. On July 29 the Second Continental Congress, sitting at Philadelphia, elected William Tudor, Esq., Judge Advoeate of the Army.' An order issued from General Headquarters the following day announced the appointment and directed that the Judge Advmte was "in all things relative to his omce to be acknowledged and obeyed 88 such." In JanuBIY 1116, "That no mistake in regard to the said articles may happen." the "Judge Advocate of the Army of the United Colonies" was directed in orders from General Headquarters to countersign each copy of the new articles of war. On July 4, 1116, the United Colonies became the United States of America and, on August 10, Congress accorded Mr. Tudor the title of Judge Advocate General and the rank of lieutenant colonel in the Army of the United States.

John Lawrance of New York wm appointed Judge Advocate General of the Army on April 10, 1711.2 During the incumbency of

Advocate Gpne?ai's Depnrhcnt, 1775-1041, 1 Judge Adweate Journal 5

(Jun 19441, printed with the permission of the Judge Advocate8 Aaaoeiation, publisher of the Journal. The Misses I. Eileen Burm and M a q E.Hamilton of the Office of The Judge Advocate General have giVm the author helpful assistance in Collecting material relating to the recenthistory of the Carps.

"*Judge Advocate General's Corps, United States Army, Reserve; Profesaor of Law, rniversity of Missouri.1 The Continental Congreas had adopted Articles of War, based on the

British Articles of 1774. on 30 June 1776. 2 Jl. Cont. Canx. 111.

Kiiliam Tudor was barn at Boston I" 1750. He g;aduated from Hnn-ard College in 1769, studied law under John Adams, was admitted to the .\laisaehusettn bar in 1772, and practiced law in Boston until the outbreak of war. Colonel Tudor resigned as Judge Advoeate General on 9 Am1 1777. but remained in the ielviee 89 lieutenant colonel of Henlm's Additional Continental Regiment until April 1775, when he r e t u r d t o Baiton and resumed the practice of law. He was afterward a membpr of tho hlaieaehvsetts General Court and Secretary of State of Msarsehu-Petts. An oration delivered by Colonel Tudor at Boston on 5 March 1779 is printed in Niles, Revolution in America 3641 (1821). Thirtpnine letters from John Adam? to Tudor am printed m the Works of John Adsms (C. F. Adam ed. 1866) and ~eseral are printed In Old South Leaflets, Val. VIII, No. 179.1 Colonel Lawranee was born in England in 1750, came to h'ew York in

1767, studied law in the office of Lieutenant Garernor Colden, and was

admittd to the New York bar in 1772. In 1775 he married Elizabeth, daughter of Alexander Macdougall, an ardent Patriot and later B major general in the Continental Army, and entered the Army as B second

AGO as**B 89

Colonel Lawrance, the legal staff of the Army came to include the Judge Advocate General, two judge advocates at General Headquarters, and one judge advocate for each separate army and territorial department (Korthern, Middle and Southern). The appointments of the judge advacates at General Headquarters i%-ere made by the Judne Advocate General and announced in orders. The other judge advocates were appointed by Congress or by the commanding general of the army or department concerned, under authority delegated by Congress. These officers were variously styled "dew@ judge advccate general," "judge advocate" and "deputy judge advocate" but the differences in title do not seem to have indicated differences in Status or function as the same individual is indifferently referred to by any of the titles. Certain of the judge advacates were given the rank and pay of captain? by a resolution of Congress of June 6, 1117, and an December 21, 1119, Congress accorded the Judge Advocate General the subsistence of a colonel and other judge advocates that of lieutenant colonels. Most of these officers retained commisaions in regiments of the line while serving as judge advocates and were commonly referred to by the titles of their lineal rank.8

Several of the judge advwates who served during the Revalutionary War are noteworthy. Outstanding among these is Captain John Marshall, 15th Virginia Regiment, who waa a member of Congress (1799-1800), Secretary of State (1800-1801), and Chief Justice of the United States (1801-1836). Jlajor John Taylor, 1st Virginia Regiment, became a prominent Jeffersonian Democrat, a political writer of note, and a critic of Chief Justice Ma~shall.~ Major Joseph Bloomfield, 3rd New Jersey Regiment, waa Attorney General of New Jersey (1783-1192), Governor of New Jersey (1801-1812), Brigadier General, L'. S. A. (1812-1815), and member of Congress from Sew Jersey (1817-1821). In 1780 the tvo judge advocates at General Headquarters were Thomas Edwards, later Judge Advocate General, and Xr. Strong-possibly Caleb

lieutenant, 4th New York Regiment, in AUgllit of the same year. .l€~ei the war Caionel Layranee returned to the Practice of law I" New York City, where he beame a diitingvished authority on admiralty law and served as a ,eatrpan af Trinity Church, trustee of Columbia College, Regent of the Umverrity of the State of Sew York, and director of the Bank of the United States. He ~w.9 a member of the Congreas of the Can. federation (1766-87), New York State ienator (1788-90), first member of Congress from hew Yark City under the present Conatitvtion (1789-931, United Ststes Distrmt Judge for the District of h e r York (1784-E), and United States Senator from Yen, Yark (17961800).

He was born in Virginia in 1753, attended the College of w>lham and Mary, and was admitted to the Virginia bar m 1774, Major Tqlor seried as United Stltes Senator from Virginia for a number of )ears.

SO *oo Sann

3 See App., 2.

HISTORY

Strong, Federalist statesman, United States Senator from Massachusetts (1189-96) and Governor of Massachusetts (1800-01 and 181216).

In addition to his duties as a staff officer at General Head-quarters of the Continental Amy, Colonel Lamance prosecuted at the most important military triala, an example which was followed by General Holt, who acted as co-prosecutor at the trial by military commission of the Lincoln assassins in 1866, and by General Cramer, nha was co-prosecutor with the Attorney General at the trial by military commission of eight German sabotpurs in 1942. In the summer of 1778 he was judge advocate of the general court-martial which found Major General Charles Lee guilty of disobedience of orders, misbehavior before the enemy, shameful retreat and disrespect to the Commander-in-Chief. In the following year Colonel Lawrance conducted the prosecution of Major General Benedict Arnold far permitting a vessel to leave an enemy port, closing the shops in Philadelphia, and using public wagon8 for his own private business. This proceeding, resulting in his beinn reprimanded by General Washington, embittered General Arnold. In September 1780 Colonel Lawrance was recorder of the board of offieera, precursor of the modern military commission, which investigated the case of Major John Andre, Adjutant General of the British Army, and rewmmended his execution for coming within the American lines in disguise ta conspire with Arnold for the surrender of West Point.

Active hostilities having declined, Colonel Lawrance resigned June 3, 1782, and was succeeded in October by his chief deputy, Thomas Edwards.; Lieutenant Samuel Copswell, 9th Xassachusetts Regiment, was anpointed deputy to Edwards an Savember 12, 1782. Colonel Edwards continued in office a8 Judge Advocate General until November 3, 1783. In June 1184 the remnant of the Continental Army was disbanded and the permanent standing army limited to 80 enlisted men and their officers. This tiny force was expanded somewhat in the succeeding years, but no successor to Colonel Edwards was appointed prior to the adoption of the present Constitution.

The Army was reorganized in December 1792 as the "Legion af the United States'' and Lieutenant Campbell Smith, IV Sublegion,

Colonel Edwards was barn in 3lariaehu%etts in 1753, graduated from Han-ard College I" 1771, and was admitted to the hlaasschusetts bar. He entered the Army 82 a prhate, Yasraehuaetrs Militia, in April 1776, was appointed first lieutenant m the 16th hraaiaehwetta Regiment 31May 1777, and wan detailed 8.3 Deputy Judge Advocate General by order8 of 9 April 1780. After the war Colonel Edwards returned to the practice Of law in Boston and served as Secretary of the Society of the Cincinnati, famow organization of the officers of the Continental Amy. from 1786 until hi$ dasth ~n 1506*GO 99118 91

who had entered the service from Xaryland as an ensign of lnfantry in March 1792, WBS appointed "Judge Marshal and Advoeate General" an July 16, 1794, by Major General Wayne. This appointment was terminated by another reorganization of the Amy, but Smith, then a captain, 4th Infantry, was appointed Judge Advocate of the Army on June 2, 1797, under the Act of March 3, 1797,' which had been enacted to prepare the Army for a threatened war with France. The Act of March 16, 1802,' established the United States Military Academy at West Point, limited the line of the Army to three regiments, and abolished the office of Judge Advocate of the Army. Captain Smith was, accordingly, discharged from the service on June 1, 1802.

War with England being imminent, Congress, by the Act af January 11, 1812,s authorized the raising of ten regiments of infantry, two of artillery and one of cavalry, and provided that there should be appointed to each division a judge advocate with the pay and emoluments of a major of infantq or, if detailed from the line, an addition to his pay of thirty dollars per month and the forage allowance of a major of infantry. The number of judge advocates was raised to three per division by...