That is because I found this, posted on the moderated ACW newsgroup:What do you know. Lincoln started the war."In 1861, President Lincoln appointed Dana as United States Attorney for the Eastern District of Massachusetts. As such, in 1863, he successfully defended the United States in the Prize Cases before the United States Supreme Court (these were a group of cases, consolidated for appeal, on the capture of ships attempting to break the blockade of the Confederate ports. The issue argued revolved around two separate issues: was the Rebellion a "war" and when did the "Civil War" begin, in April, '61, with President Lincoln's Declaration of a blockade or in the summer when Congress approved what the president had done. The court unanimously ruled in favor of the administration's position that the Rebellion was a war but more narrowly (5-4) supporting the premise that the president's call for troops on April marked the beginning of the war. Not surprisingly Chief Justice Taney felt that the war could only begin when Congress said it did, very much as he had done in ex parte Merryman [67 U.S. (2 Black) 635]."
Thanks, my FRiend. Deo Vindice.