It is a striking evidence of the contempt for consistency, manifested by Mr. Davis’ assailants, that these virtues, so commendable in the executive of a free people, should then have actually constituted the ground of accusation, by those who subsequently charged him with an ambition to unite in himself all the departments of the Government. There arose, at this time, a demagogical demand for a “Dictator”—that morbid aspiration characteristic of men of weak nerve and deficient fortitude, which vainly seeks to make Government more powerful for good purposes, by removing all restraints upon its power to do evil.

Emphatic in the assertion of the authority conferred by the Constitution upon his position, President Davis was no less persistent in his refusal to countenance the investiture of himself with dictatorial powers.

But the stern and pressing exigencies of the times outweighed considerations of even the gravest import, and induced a resort to that measure which the President had hoped to avoid, but upon which now depended the salvation of the country. In accordance with the recommendation of the President, Congress, on the 16th of April, 1862, adopted the conscription law, which was thenceforward, with many material modifications rendered necessary by circumstances, the basis of the military system of the Confederacy. This law placed at the disposal of the President, during the war, every citizen not belonging to a class exempted, between the ages of eighteen and thirty-five, thus annulling all contracts made with volunteers for short terms. By this act, the States surrendered their control over such of their citizens as came within the terms of the act, and in each State were located camps of instruction, for the reception and training of conscripts. There were other features of the conscription law, having in view an increased solidity and harmony of the army organization.

It is impossible to overestimate the immediate benefits realized to the Confederacy from this legislation. The incipient disorganization of the army, consequent upon the numerous furloughs granted to such of the men as would reënlist for the war, was instantly checked; large additions were made to commands already in the field, and the discipline and general frame-work of the army greatly improved.

Second in importance to the adoption of the act of conscription only, among the accessions of strength to the military system of the Confederacy at this period, was the appointment of General Lee to the general command of the armies, “under the direction of the President.”[46]

The nature of the position thus assigned to one whom the concurrent criticism of his age pronounces the most eminent of American commanders, has been much misunderstood, and with its discussion has been associated much injurious misrepresentation of President Davis.

General Lee, after the failure of his campaign in North-western Virginia, in the autumn of 1861, became the object of a vast amount of disparaging criticism. His case was, indeed, in marked coincidence with that of Sidney Johnston. Both were distinguished in the Federal service; previous to the war they were generally conceded to be the ablest officers of that service; both were known to have been the classmates of Jefferson Davis and his intimate friends. In their first campaigns, both were adjudged, by the hot and impulsive temper of the time, to have committed gross and signal failure. Neither had many apologists. Johnston was declared an imbecile—a mere martinet, without any of the qualities of true generalship; and Lee was pronounced incompetent for higher duties than the clerical performances of the War Office.

President Davis alone remained firm in behalf of these two men, whom a few months sufficed to triumphantly vindicate. What nobler vindication should he himself claim than that, through his firmness and discernment, was given the needed opportunity to the three great soldiers—Lee, Sidney Johnston, and Stonewall Jackson—who, above all others, have illustrated American warfare.[47]

It has been erroneously supposed and asserted, that General Lee was assigned the position of commanding general at the special instance of Congress, and in obedience to the proclaimed will of the people. Whatever may have been the concurrence of the Confederate Congress in the selection made by President Davis of Lee for that position, there is no ground for the hypothesis that the Southern people welcomed this promotion of General Lee as an assurance of good fortune in the future conduct of the war.

Indeed, the act of Congress, creating the office of commanding general, was adopted at the special suggestion of the President, who immediately assigned Lee to the discharge of its duties. Congress designed General Lee to be Minister of War, and, with a view to the promotion of that purpose, repealed a provision which deprived of his rank in the army, a general assigned to the control of the War Office. But President Davis clearly understood the broad and palpable distinction, between the talents requisite for successful administration of that department of the Government, and the genius of a great soldier. He had too just an appreciation of the high military qualities of Lee, to consent to their virtual entombment in a civil position. In accordance with these suggestions, the President obtained the adoption of the necessary legislation, and conferred upon General Lee the control and supervision of the purely military affairs and operations of the war administration. Thus it was neither in compliance with the action of Congress, nor in deference to the popular will, that President Davis selected an appropriate sphere for the genius of Lee, where it “soon dawned upon the admiration of mankind, and retained its effulgence undimmed to the last.”[48]