What does it mean when a commission "expired"?

Stryker65

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I've seen this notation in which a general's commission "expired" without Senate confirmation. Was there a time limit on their commission, like with regiment enlistment lengths? Some generals IIRC got confirmed once, but then their commission expired later and they were forced out. Did commissions have to be reviewed every year?
 
I've seen this notation in which a general's commission "expired" without Senate confirmation. Was there a time limit on their commission, like with regiment enlistment lengths? Some generals IIRC got confirmed once, but then their commission expired later and they were forced out. Did commissions have to be reviewed every year?
The short version of the answer is that appointments of all general officers were subject to confirmation by the Senate which could occur in one of two ways. If the Senate was in session, the president nominated someone to be a general officer (whether brevet, regular or volunteer). If the Senate confirmed the appointment, that person would then be so appointed, usually via letter from the Adjutant General acting on behalf and by direction of the president. If his appointment was in the regular army, he would eventually receive another piece of paper (this one signed by the president or bearing a facsimile of his signature), to wit, his actual commission. This appointment/commission would not expire until such time as he was discharged or dismissed from active duty. They were not required to be renewed annually, or otherwise.

If the Senate was in recess, the president could appoint someone to be a general on a temporary basis, a so-called recess appointment. The president still would nominate the person in the regular way, to be acted on when the Senate came back into session. Unless the Senate gave advice and consent to the nomination, the appointment would expire at the end of the session.

It is of interest to note that people tend to use the terms "appointment" and "commission" interchangeably. They aren't necessarily identical, and many people use these terms erroneously . All military officers MUST have an appointment to their respective grades, but possession of a commission (fancy signed piece of paper signifying that they have BEEN appointed) from the president is of secondary importance, and strictly speaking is not, as I understand it, legally necessary (at least in the short term). During the Second World War, for example, the US Army actually suspended the issuance of commissions to their officers to cut down on paperwork.

It is a bit more complicated than that (the commission is more than just a piece of fancy signed paper), but like I said, that is the short version of the answer.
 
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After reviewing the commissioning of officers process described in Eicher & Eicher (@pp. 31-33), as Ossian above alludes, it can be a more complicated process, because of the nuanced situations that can be involved.

Of interest and relevance here (I thought), was the last statement contained in the typical commission document (signed jointly by the Secretary of War and the President) reproduced on page 31 pf Eicher & Eicher, that reads,

...'This commission to continue in force during the pleasure of the President of the United States, for the time being.'...
 
The short version of the answer is that appointments of all general officers were subject to confirmation by the Senate which could occur in one of two ways. If the Senate was in session, the president nominated someone to be a general officer (whether brevet, regular or volunteer). If the Senate confirmed the appointment, that person would then be so appointed, usually via letter from the Adjutant General acting on behalf and by direction of the president. If his appointment was in the regular army, he would eventually receive another piece of paper (this one signed by the president or bearing a facsimile of his signature), to wit, his actual commission. This appointment/commission would not expire until such time as he was discharged or dismissed from active duty. They were not required to be renewed annually, or otherwise.

If the Senate was in recess, the president could appoint someone to be a general on a temporary basis, a so-called recess appointment. The president still would nominate the person in the regular way, to be acted on when the Senate came back into session. Unless the Senate gave advice and consent to the nomination, the appointment would expire at the end of the session.

It is of interest to note that people tend to use the terms "appointment" and "commission" interchangeably. They aren't necessarily identical, and many people use these terms erroneously . All military officers MUST have an appointment to their respective grades, but possession of a commission (fancy signed piece of paper signifying that they have BEEN appointed) from the president is of secondary importance, and strictly speaking is not, as I understand it, legally necessary (at least in the short term). During the Second World War, for example, the US Army actually suspended the issuance of commissions to their officers to cut down on paperwork.

It is a bit more complicated than that (the commission is more than just a piece of fancy signed paper), but like I said, that is the short version of the answer.
The session of Congress that recessed in March 1863 left a lot of appointments on the table. 14 general commissions (1 major general and 13 brigadier generals) were not confirmed. And that doesn't count the 3 brigadier general appointments that lapsed in January 1863.

Ryan
 
I've seen this notation in which a general's commission "expired" without Senate confirmation. Was there a time limit on their commission,
Thought a CW general's commission was not completed without Presidential nomination, Senate confirmation and signing off by both the Secretary of War and the President. (Thus, the commission could not have expired prior to Senate confirmation, because it was not yet complete).

Appointments/nominations for general's commission could have expired (ended) prior to Senate confirmation for various reasons. These include: revocation/withdrawal by the appointer; resignation or decline by the appointee; death of the appointee; or because the war ended beforehand. But don't think such appointments could expire merely due to the effluxion of time.
 
Here are generals that I could find whose promotions were not confirmed:

MAJOR GENERAL
John M. Schofield, appointed 11/29/62, expired 3/3/63, reappointed and confirmed 5/12/63 (backdated to 11/29/62)
John Newton, appointed 3/30/63, expired 3/23/64, never reappointed

BRIGADIER GENERAL
Gabriel R. Paul, appointed 9/5/62, expired 3/4/63, reappointed 4/18/63
Francis L. Vinton, appointed 9/19/62, expired 3/4/63, reappointed 3/13/63, resigned 5/5/63
Henry H. Sibley, appointed 9/29/62, expired 3/4/63, reappointed 3/28/64 (backdated to 3/20/63)
John M. Thayer, appointed 10/4/62, expired 3/4/63, reappointed 4/9/63 (backdated to 3/13/63)
Charles T. Campbell, appointed 11/29/62, expired 3/4/63, reappointed 3/16/63 (backdated to 3/13/63)
Joshua T. Owen, appointed 12/31/62 (backdated to 11/29/62), expired 3/4/63, reappointed 4/9/63 (backdated to 3/30/63)
Robert C. Buchanan, appointed 11/29/62, expired 3/4/63
James H. Ledlie, appointed 11/29/62, expired 1/22/63, reappointed 10/7/63
Wladimir B. Krzyzanowski, appointed 11/29/62, expired 3/9/63
James A. Hardie, appointed 11/29/62, expired 1/22/63
Isham N. Haynie, appointed 11/29/62, expired 1/22/63
Frederick S. Stumbaugh, appointed 11/29/62, expired 1/20/63
David Stuart, appointed 11/29/62, expired 3/4/63
John B.S. Todd, appointed 11/29/62, expired 3/9/63
Thomas G. Stevenson, appointed 12/24/62, expired 3/4/63, reappointed 4/9/63 (backdated to 3/14/63)
Edward Ferrero, appointed 9/10/62, expired 3/4/63, reappointed 5/6/63, revoked 7/21/64
Alexander Chambers, appointed 8/11/63, expired 4/6/64
Gustavus A. DeRussy, appointed 5/23/64, expired 7/4/64, reappointed 7/16/64
Powell Clayton, appointed 8/1/64, expired 3/2/65
Joseph Bailey, appointed 11/10/64, expired 3/4/65, reappointed 4/16/65, resigned before being confirmed

Additionally, there were a number of generals who served who were never confirmed at all. Probably the most famous were Charles C. Gilbert and Orlando Poe but also included Elon Farnsworth, Stephen H. Weed, and Nelson G. Williams.

Ryan
 
In the 'Official Court of Inquiry on the Crater' during Aug., '64, B-Gs Ferrero and Ledlie were both criticized for remaining behind in a bombproof drinking rum together during the attack by their divisions. However, they both appear to have escaped any consequences in terms of their commissions. (Perhaps Ferrero got attributed with more of the blame because he was in charge of colored troops and there were political motivations for doing this).

On Aug. 6, '64, B-G Ledlie went on sick leave from the army and remained on leave for the next four months. Upon returning to the army in early Dec., he was ordered to return home and await further instructions. On Jan. 15, '65, he resigned his commission (which was accepted by the War Dept. on Mar. 6).

However, B-G Ferrero retained a divisional command and received a brevet rank of M-G on Dec. 2, '64, which he held for the remainder of the war. He was honorably mustered out of volunteers on Aug. 24, '65.
 
Why was Ferrero's commission revoked, but not Ledlie's?
I'm still trying to figure out what happened with Ferrero. While he came under heavy criticism for his actions at the Crater per Hancock and the court of inquiry, he retained command and, as pointed out, was brevetted to major general in December 1864. I'll have to do some digging to confirm that his appointment as brigadier general was ever officially revoked.

As for Ledlie, he was basically given a soft relief. He went on a long sick leave and then was not given a command when he returned which led to his resignation. After the debacle of the Crater, I'd figure that there would be a public clamor for heads to roll.

Ryan
 
Why was Ferrero's commission revoked, but not Ledlie's?
As a point of clarification, I don't believe Ferrero's appointment as brigadier general of volunteers was revoked. If I recollect correctly, his appointment expired for a second time in July, 1864 as the Senate had gone into recess without confirming him. Grant sent Stanton a personal message asking for Ferrero to be reinstated, and Ferrero resumed command of his division for the remainder of the war. Presumably President Lincoln must have given him another recess appointment as a brigadier general or he would not have been able to retain his division. He was given yet another recess appointment as a brevet major general of volunteers in December, 1864. I have no idea if the Senate confirmed him prior to his mustering out in the following year.

Edit- chapter on Ferrero from Google Books which includes copy of Grant's letter to Stanton (page 118).
 
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Was Ferrero's revoked commission made retrospective, in consequence of the later occurring Crater drinking incident?

If Ferrero's commission was revoked, how could he gain a brevet rank of M-G on Dec. 2, '64?
See my earlier post for more detail. Ferrero's appointment/commission was apparently not revoked. They had expired for a second time, but Ferrero was reinstated. Hence, his appointment as a brevet M-G appears to be in order. Civilians were not legally eligible to receive brevets.
 
See my earlier post for more detail. Ferrero's appointment/commission was apparently not revoked. They had expired for a second time, but Ferrero was reinstated. Hence, his appointment as a brevet M-G appears to be in order. Civilians were not legally eligible to receive brevets.
Thanks - that would make more sense. (The Eicher & Eicher reference @ p. 233 stating his reappointment to B-G on 6 May, '63, was confirmed but his commission was later revoked on on 21 Jul. '64, confused me).
 
Thanks - that would make more sense. (The Eicher & Eicher reference @ p. 233 stating his reappointment to B-G on 6 May, '63, was confirmed but his commission was later revoked on on 21 Jul. '64, confused me).
I am not 100% certain that I have correctly interpreted the chain of events, but that is my current theory at any rate. I plan to do a bit more research on the subject.

Edit-I have made some progress. I discovered that Ferrero's second nomination as brigadier general of volunteers was confirmed by the Senate, on April 21st, 1864, and his commission was signed by Lincoln on July 22, 1864 (according to a snippet on Google Books). The following year his brevet as a major general of volunteers was favorably reported and confirmed. So, it doesn't look like his appointment as a BG expired at all, and I have seen nothing anywhere to suggest it was ever revoked.

This leads us to another mystery, to wit, why Ferrero (and Grant) thought his appointment had expired. So, I am guessing that the most likely explanation is that the War Department bureaucracy had failed to issue his commission or letter of appointment on a timely basis, and didn't keep him (or Grant) informed about the status of his promotion.


 
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I have General Ferrero's complete service record here, written by him personally in March 1864, accessed thru the university library. Some important parts:
- "Engaged the enemy at Antietam. It was the brigade I commanded that stormed and carried 'Antietam Bridge.' On the battlefield(,) I was handed my appointment of Brigadier General of Volunteers, with rank from Sept. 10th, 1862..."
- "While in command at Mount Sterling, Ky. (I) rec'd a communication on the 20th of April 1863 that not having been confirmed by the last Senate, my appointment ceased. (I) rec'd the following letter from Major General A. E. Burnside:
Apr. 20, 1863
The (dear?) Gen'l Edward Ferrero has been under me both as a Regimental and Brigade Commander (the last for over a year) since the organization of my first command, during all of which time, he has served with zeal, fidelity, and distinction. He was appointed to the rank of Brigadier General, without any application on his part, on the 10th of Sept. last. The Senate failed to act on his nomination, and he is now about to be mustered-out of the service, to which he will be a great loss. Deeming him a brave and valuable Officer, and one who has seen a very large amount of active service, I deem to renew my request for his re-appointment as a Brigadier General. This will be but a just a tribute to the memory of the late Gen'l Reno, at whose special request he was appointed, as well as an act of justice t oa deserving officer.
I have the honor to be, very respectfully, your obd't ser't, A. E. Burnside etc.
- "(I) was re-appointed Brig Gen'l of Vols. to rank form the 6th of May 1863, and ... was assigned to my old command (at) Stanford Ky. about the 7th of June 1863 en route for Vicksburg, Miss.

The Secy. of War requested every Union general summarize their service for official preservation in March of 1864 -- this is unfortunately before Ferrero's most well-known moments in Virginia.
 
Edit-I have made some progress. I discovered that Ferrero's second nomination as brigadier general of volunteers was confirmed by the Senate, on April 21st, 1864, and his commission was signed by Lincoln on July 22, 1864 (according to a snippet on Google Books). The following year his brevet as a major general of volunteers was favorably reported and confirmed. So, it doesn't look like his appointment as a BG expired at all, and I have seen nothing anywhere to suggest it was ever revoked.
Yes. Following the 'Official Inquiry on the Crater', it appears Ferrero retained divisional command during the Richmond-Petersburg Campaign. He is definitely listed with the retained rank of B-G at the Battle of Boydton Plank Road, VA, (Oct. 27-28, '64), before he received the brevet rank of M-G on Dec. 2, '64.
 
Yes. Following the 'Official Inquiry on the Crater', it appears Ferrero retained divisional command during the Richmond-Petersburg Campaign. He is definitely listed with the retained rank of B-G at the Battle of Boydton Plank Road, VA, (Oct. 27-28, '64), before he received the brevet rank of M-G on Dec. 2, '64.
He was criticized but it's pretty clear that Ledlie took the brunt of the blame.

Ryan
 
He was criticized but it's pretty clear that Ledlie took the brunt of the blame.

Ryan
Thought that Ledlie had the prior reputation of being a relatively poor field commander and Ferrero was known to have been a habitual drinker.

Without having read the entire 120+ page report of the 'Court of Inquiry on the Crater' (see https://www.beyondthecrater.com/res...04-coi-mine-explosion-crater-battle-18640730/ ), it's noted though that the authoritative secondary reference source of Eicher & Eicher (@ p. 233) under Ferrero's entry mentions, ...'Ferrero received a large portion of the blame after huddling with James H. Ledlie in a bombproof, drinking rum.'...
 

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