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Did the Confederacy, or any of its constituents, ever officially declare a "state of war" to exist with the United States?
Since the Confederacy is not a nation how can they declare war?
Leftyhunter
True all the Confederacy had to do to win independence is to well win independence.The same way they declared their independence, and the validity of both declarations would be resolved in the same way.....
No, the CSA Congress actually did declare war. See my earlier post.The same way they declared their independence, and the validity of both declarations would be resolved in the same way.....
Thank you, that's what I wanted to know.They thought they were a nation, masqueraded as a nation, and their 'Congress' declared war in an "Act Recognizing a State of War", published May 6, 1861.
<Frank Moore, Editor, The Rebellion Record: A Diary of American Events.... (New York: G. P. Putnam, 1861), Vol. I, pp. 195-197.>
I'm not sure that was ever officially declared either way. Maybe someone else knows.Did the Confederacy, or any of its constituents, ever officially declare a "state of war" to exist with the United States?
They thought they were a nation, masqueraded as a nation, and their 'Congress' declared war in an "Act Recognizing a State of War", published May 6, 1861.
<Frank Moore, Editor, The Rebellion Record: A Diary of American Events.... (New York: G. P. Putnam, 1861), Vol. I, pp. 195-197.>
Did the Confederacy, or any of its constituents, ever officially declare a "state of war" to exist with the United States?
I'm not sure that was ever officially declared either way. Maybe someone else knows.
Well, officially declaring a state of war to exist is a legal procedure legitimate governments take when at war with a foreign nation, whoever "starts" the fighting. Lincoln was under no obligation to request a declaration of war from Congress because he was well within his constitutional powers in opposing armed insurrection within the USA. The Confederacy, claiming to be an independent nation, should logically have done so. I would be very surprised if they did not, for they were generally quite careful about the outward signs of sovereignty. Of course, having starting out with the disputable assumption that unilateral secession was constitutionally legal, made the whole question of independent nationhood moot -- unless they could gain it extra-constitutionally, by force of arms.Recognizing a state of war existed after Lincoln called for troops to invade the CS is not an official declaration of war on the US.
Recognizing a state of war existed after Lincoln called for troops to invade the CS is not an official declaration of war on the US.
Well, officially declaring a state of war to exist is a legal procedure legitimate governments take when at war with a foreign nation, whoever "starts" the fighting. Lincoln was under no obligation to request a declaration of war from Congress because he was well within his constitutional powers in opposing armed insurrection within the USA.
Thanks for your response.Recognizing a state of war existed after Lincoln called for troops to invade the CS is not an official declaration of war on the US.
Oh? Compare the language used here:the recognition of a state of war is not a declaration of war.