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message to the Confederate Congress advising the conscription of
all white males between the ages of eighteen and thirty…five。 For
this suggestion Congress was ripe； and the first Conscription Act
of the Confederacy was signed by the President on the 16th of
April。 The age of eligibility was fixed as Davis had advised； the
term of service was to be three years； every one then in service
was to be retained in service during three years from the date of
his original enlistment。
This statute may be thought of as a great victory on the part of
the Administration。 It was the climax of a policy of
centralization in the military establishment to which Davis had
committed himself by the veto； in January； of 〃A bill to
authorize the Secretary of War to receive into the service of the
Confederate States a regiment of volunteers for the protection of
the frontier of Texas。〃 This regiment was to be under the control
of the Governor of the State。 In refusing to accept such troops；
Davis laid down the main proposition upon which he stood as
military executive to the end of the war； a proposition which
immediately set debate raging： 〃Unity and cooperation by the
troops of all the States are indispensable to success； and I must
view with regret this as well as all other indications of a
purpose to divide the power of States by dividing the means to be
employed in efforts to carry on separate operations。〃
In these military measures of the early months of 1862 Davis's
purpose became clear。 He was bent upon instituting a strong
government； able to push the war through； and careless of the
niceties of constitutional law or of the exact prerogatives of
the States。 His position was expressed in the course of the year
by a Virginia newspaper： 〃It will be time enough to distract the
councils of the State about imaginary violations of
constitutional law by the supreme government when our
independence is achieved； established； and acknowledged。 It will
not be until then that the sovereignty of the States will be a
reality。〃 But there were many Southerners who could not accept
this point of view。 The Mercury was sharply critical of the veto
of the Texas Regiment Bill。 In the interval between the Texas
veto and the passing of the Conscription Act； the state
convention of North Carolina demanded the return of North
Carolina volunteers for the defense of their own State。 No sooner
was the Conscription Act passed than its constitutionality was
attacked。 As the Confederacy had no Supreme Court； the question
came up before state courts。 One after another； several state
supreme courts pronounced the act constitutional and in most of
the States the constitutional issue was gradually allowed to
lapse。
Nevertheless； Davis had opened Pandora's box。 The clash between
State and Confederate authority had begun。 An opposition party
began to form。 In this first stage of its definite existence； the
opposition made an interesting attempt to control the Cabinet。
Secretary Benjamin； though greatly trusted by the President；
seems never to have been a popular minister。 Congress attempted
to load upon Benjamin the blame for Roanoke Island and Fort
Donelson。 In the House a motion was introduced to the effect that
Benjamin had 〃not the confidence of the people of the Confederate
States nor of the army。。。and that we most respectfully
request his retirement〃 from the office of Secretary of War。
Friends of the Administration tabled the motion。 Davis extricated
his friend by taking advantage of Hunter's retirement and
promoting Benjamin to the State Department。 A month later a
congressional committee appointed to investigate the affair of
Roanoke Island exonerated the officer in command and laid the
blame on his superiors； including 〃the late Secretary of War。〃
With Benjamin safe in the Department of State； with the majority
in the Confederate Congress still fairly manageable； with the
Conscription Act in force； Davis seemed to be strong enough in
the spring of 1862 to ignore the gathering opposition。 And yet
there was another measure； second only in the President's eyes to
the Conscription Act； that was to breed trouble。 This was the
first of the series of acts empowering him to suspend the
privilege of the writ of habeas corpus。 Under this act he was
permitted to set up martial law in any district threatened with
invasion。 The cause of this drastic measure was the confusion and
the general demoralization that existed wherever the close
approach of the enemy created a situation too complex for the
ordinary civil authorities。 Davis made use of the power thus
given to him and proclaimed martial law in Richmond； in Norfolk；
in parts of South Carolina； and elsewhere。 It was on Richmond
that the hand of the Administration fell heaviest。 The capital
was the center of a great camp； its sudden and vast increase in
population bad been the signal for all the criminal class near
and far to hurry thither in the hope of a new field of
spoliation； to deal with this immense human congestion； the local
police were powerless； every variety of abominable contrivance to
entrap and debauch men for a price was in brazen operation。 The
first care of the Government under the new law was the cleansing
of the capital。 General John H。 Winder； appointed military
governor； did the job with thoroughness。 He closed the barrooms；
disarmed the populace； and for the time at least swept the city
clean of criminals。 The Administration also made certain
political arrests； and even imprisoned some extreme opponents of
the Government for 〃offenses not enumerated and not cognizable
under the regular process of law。〃 Such arrests gave the enemies
of the Administration another handle against it。 As we shall see
later； the use that Davis made of martial law was distorted by a
thousand fault…finders and was made the basis of the charge that
the President was aiming at absolute power。
At the moment； however； Davis was master of the situation。 The
six months following April 1； 1862； were doubtless； from his own
point of view； the most satisfactory part of his career as
Confederate President。 These months were indeed filled with
peril。 There was a time when McClellan's advance up the Peninsula
appeared so threatening that the archives of the Government were
packed on railway cars prepared for immediate removal should
evacuation be necessary。 There were the other great disasters
during that year； including the loss of New Orleans。 The
President himself experienced a profound personal sorrow in the
death of his friend； Albert Sidney Johnston； in the bloody fight
at Shiloh。 It was in the midst of this time that tried men's
souls that the Richmond Examiner achieved an unenvied
immortality for one of its articles on the Administration。 At a
moment when nothing should have been said to discredit in any way
the struggling Government； it described Davis as weak with fear
telling his beads in a corner of St。 Paul's Church。 This paper；
along with the Charleston Mercury； led the Opposition。 Throughout
Confederate history these two； which were very ably edited； did
the thinking for the enemies of Davis。 We shall meet them time
and again。
A true picture of Davis would have shown the President resolute
and resourceful； at perhaps the height of his powers。 He
recruited and supplied the armies； he fortified Richmond； he
sustained the great captain whom he had placed in command while
McClellan was at the gates。 When the tide had turned and the Army
of the Potomac sullenly withdrew； baffled； there occurred the one
brief space in Confederate history that was pure sunshine。 In
this period took place the splendid victory of Second Manassas。
The strong military policy of the Administration had given the
Confederacy powerful armies。 Lee had inspired them with victory。
This period of buoyant hope culminated in the great offensive
design which followed Second Manassas。 It was known that the
Northern people； or a large part of them； had suffered a
reaction； the tide was setting strong against the Lincoln
Government； in the autumn； the Northern elections would be held。
To influence those elections and at the same time to drive the
Northern armies back into their own section； to draw Maryland and
Kentucky into the Confederate States； to fall upon the invaders
in the Southwest and recover the lower Mississippito accomplish
all these results was the confident expectation of the President
and his advisers as they planned their great triple offensive in
August； 1862。 Lee was to invade Maryland； Bragg was to invade
Kentucky； Van Dorn was to break the hold of the Federals in the
Southwest。 If there is one moment that is to be considered the
climax of Davis's career； the high…water mark of Confederate
hope； it was the moment of joyous expectation when the triple
offensive was launched； when Lee's army； on a brilliant autumn
day； crossed the Potomac； singing 〃Maryland； my Maryland〃。
Chapter III。 The Fall Of King Cotton
While the Confederate Executive was building up its military
establishment； the Treasury was struggling with the problem of
paying for it。 The problem was destined to become insoluble。 From
t