the officers of each grade shall be determined by their former commissions in the United States army, held anterior to the secession of these Confederate States.
May 16 a supplementary act provided that the five brigadiers should have the rank and denomination of generals, instead of brigadier-general.
Under the act of March 6 Cooper, Lee and J. E. Johnston had been appointed brigadiers in the Confederate States army.
The act of May 16, without further action, made them generals, and it was so understood, as it appears that on July 20 Davis notified Johnston, in answer to an inquiry made while he was marching to reinforce Beauregard at Bull Run, in Ju general.
This was before any nominations were made.
Yet on the 31st of August President Davis nominated five generals, to rank as follows:
1. Samuel Cooper, May 16.
2. Albert Sidney Johnston, May 28.
3. Robert E. Lee, June 14.
4. Joseph E. Johnston, July 4.
5. Gustave T. Beauregard, July 21.
This action of the