Friend Smith Rutherford dating history

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Friend Smith Rutherford (September 25, 1820 – June 20, 1864) was an American military officer who was colonel and posthumously appointed brigadier general in the Union Army during the American Civil War. He commanded the 97th Illinois Infantry Regiment during the Vicksburg campaign. On June 18, 1864, President Abraham Lincoln nominated Rutherford for appointment to the grade of brigadier general of volunteers and the United States Senate confirmed the appointment on June 28, 1864. Rutherford's appointment was dated June 27, 1864, and it was to rank from June 28, 1864. His appointment was made and commission issued without knowledge of his death on June 20, 1864. Since Rutherford had died, the confirmation technically could not be given and the commission could not become effective. Nonetheless, several sources list Rutherford as a Union Army general, although historian Ezra Warner does not.