[Bubba Ho-Tep]

Ah, then we're back to the semantic difference between "AN ACT Recognizing the existence of War between the United States and the Confederate States," which most certainly was passed by the confederate congress, and phrasing like "An Act Declaring that war exists between the United States of America and the Kingdom of Spain" or "An Act providing for the Prosecution of the existing War between the United States and the Republic of Mexico." and beginning with the phrase "Whereas, by the act of the Republic of Mexico, a state of war exists between that Government and the United States."

Is there a difference between "recognizing that a state of war exists" and "declaring that a state of war exists"? What is the magical wording that all of the US declarations of war share that make them official, but which makes the confederate act something else entirely?

[PeaRidge]

It seems it is you that likes to play games of semantics.

The official act to which BroJoe was referring is listed in the records of the Confederate government as An Act Recognizing The Existence of War Between the United States and the Confederate States, and Concerning Letters of Marque, Prizes and Prize Goods.

It was passed by the Congress on May 6, 1861 and approved by President Davis.

The act authorized no act of war but gave instructions for protection. In doing so, the Confederacy noted that war existed and therefore, in order to proceed with protection of Southern shipping, it only authorized the issuance of the letters of Marque, and also established the administrative procedure for dealing with prizes to be followed with approval resting in the Confederate Department of Commerce.

All sorts of writers and historians like to point to this simple act to support their contention that the South was the provocateur and that Lincoln was simply assuming a defensive role.

Of course we here all know that the courts found that the war was begun in Lincoln's office on April 17, 1861.