he law authorizing the increase of the volunteer and militia forces
necessarily implied an increase of officers beyond the number
specified in the Act of July 17, 1862, to any extent required by the
service, and that the number of appointments is not beyond such
limit." If the limit of the statute named were strictly applied, he
said there would be found to be nine major-generals and forty-six
brigadier-generals in excess. There had been no payments of
increased salary to correspond with the increased rank, except in
one instance. [Footnote: Executive Documents of Senate, 3d Session,
37th Congress, Nos. 21 and 22. The nine major-generals were Schuyler
Hamilton, Granger, Cox, Rousseau, McPherson, Augur, Meade, Hartsuff,
and N. B. Buford. If the number were thirteen, it would include
Foster, Parke, Schenck, and Hurlbut.] The list submitted showed
fifty-two major-generals in service, and one (Buford) was omitted,
so that if forty should prove to be the limit, there would be
thirteen in excess. This, however, was only apparently true, for the
Secretary's list included the four major-generals in the regular
army, whose case was not covered by the limitation of the statute.
This seems to have been overlooked in the steps subsequently taken
by members of Congress, and as the action was unwelcome to the
President, he did not enlighten the legislators respecting their
miscalculation. The business proceeded upon the supposition that the
appointments in the highest rank were really thirteen in excess of
the number fixed by the statute.

The state of the law was this. The Act of July 22, 1861, authorized
the President to call for volunteers, not exceeding half a million,
and provided for one brigadier-general for four regiments and one
major-general for three brigades. The Act of 25th July of the same
year authorized a second call of the same number, and provided for
"such number of major-generals and brigadier-generals as may in his
(the President's) judgment be required for their organization." In
the next year, however, a "rider" was put upon the clause in the
appropriation bill to pay the officers and men of the volunteer
service, which provided "that the President shall not be authorized
to appoint more than forty major-generals, nor more than two hundred
brigadier-generals," and repealed former acts which allowed more.
[Footnote: The several acts referred to may be found in vol. xii. U.
S. Statutes at Large, pp. 268, 274, 50