Morrison Waite

“ When he accepted his appointment in the regiment of guards, January 9, 1779, he ceased to be a supernumerary surgeon's mate, and became an active officer in the new regiment. Consequently, when that regiment was discharged because its term of enlistment had expired, he was out of service. When the new regiment was raised, the governor and council of Virginia were authorized by congress to appoint its officers out of those in the Virginia line who were then supernumerary. ”