" 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.
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