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."