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brigadier-generals," and repealed former acts which allowed more.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, 506. The appropriation bill was
passed July 5, 1862. The date July 17, 1862, in the Secretary's
report seems to be a misprint.] This limit just covered those who
had been appointed up to the date of the approval of the
appropriation bill. Two questions, however, were still open for
dispute.
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