After his 1862 nomination was rejected, Smith’s rank reverted to BGUSV on 3/4/63.

Smith’s autobiography says he was replaced with Burnside at the head of 9th Corps on 3/5/1863, at wich time he was “taken off the active list”. He says he joined Couch as a “volunteer”.

Without checking the references to the OR, I am fairly certain that Stefan is right. Baldy Smith had to know that his promotion to major general had been rejected by the Senate in their early 1863 session. He probably signed his letters with the higher rank because . . . well, he was Baldy Smith. It is also possible that he was, in the emergency, again appointed to the higher rank pending Senate approval and that entitled him to use major general in his signature.

The Senate also refused to promote Horatio Wright (then in departmental command in Ohio) and John Schofield (then in departmental command in Missouri). Schofield kept his job albeit at the inadequate rank of brigadier and Wright resigned. Also, Smith briefly commanded the IX Corps after Burnside was sacked in early 1863.

Sedgwick, too, outranked Meade, his commission dating from July 1862.

Ray

Please check the OR: 27,3: 240, 326, 330, 507, 549.

Stefan

Couch’s command, and Smith’s role in it, were, in fact, covered in some detail in Nye’s book. However, Nye’s book doesn’t go into detail on the retreat, and that’s my real focus here.

Eric

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