 On November 10, 1864, President Abraham Lincoln appointed Bailey brigadier general of volunteers to rank from November 19, 1864 and submitted this nomination to the Senate on December 12, 1864 and again on March 7, 1865.The first nomination expired without U.S. Senate confirmation on March 4, 1865 and Bailey resigned from the service on July 7, 1865 before the Senate acted on the second nomination.After Bailey was out of the service, on January 13, 1866, President Andrew Johnson nominated Bailey again for appointment to the grade of brigadier general to rank from November 10, 1864 and the U.S. Senate finally confirmed the appointment on February 23, 1866.