Louisiana had already seceded from the Union on January 26, 1861, and one month later, February 25, Benjamin was named by the President of the new Confederacy, Jefferson Davis (1808–89) as his Attorney-General. Benjamin assumed his new office at the new capital, Montgomery, Ala.; but there was hardly any work for him to do as an Attorney-General to a government that practically had no courts. But he was often called upon by President Davis to perform other services which required tact and delicacy, and he soon gained the latter’s confidence to a marked degree. On September 17, 1861, Benjamin was named Secretary of War ad interim, to succeed Secretary Walker, acting also as Attorney-General until November 15 of that year. He proved unpopular in his new office, and was blamed by a Congressional committee for not sending ammunition to General Wise, who lost an important battle about that time. But as a matter of fact there was nothing to send, and the President and his Secretary of War preferred to accept official blame to disclosing the dearth and scarcity of powder to a committee of the Confederate Congress, fearing that it might become known to the Yankees. Benjamin shouldered the odium, as usual; but he rose in the estimation of Davis and the other leaders who were conversant with the true state of affairs. Thus it happened that while almost everybody in the South expected Benjamin to be dismissed in disgrace, the surprising news was published on March 27, 1862, that he was promoted to the office of Secretary of State.