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