Did the CSA ever declare war on the USA?

There seems to be some misunderstanding of the term declaration of war. The legal definition in the United States is:
DECLARATION OF WAR. An act of the national legislature, in which a state of war is declared to exist between the
United States and some other nation. This power is vested in Congress by the Constitution, Art. I. There is no form or ceremony necessary, except the passage of the act.​
<John Bouvier, A Law Dictionary, Adapted to the Constitution and Laws of the United States.>
 
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United States' declarations of war, the models that the Confederates used.

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That war be and is hereby declared to exist between the United Kingdom of Great Britain and Ireland and the dependencies thereof..."

"Whereas, by the act of the Republic of Mexico, a state of war exists between that Government and the United States:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of enabling the government of the United States to prosecute said war to a speedy and successful termination, the President be, and he is hereby, authorized to employ the militia, naval, and military forces of the United States..."

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, First. That war be, and the same is hereby, declared to exist, and has existed since the twenty-first day of April, A.D. 1898, including said day, between the United States of America and the Kingdom of Spain."

"WHEREAS, The Imperial German Government has committed repeated acts of war against the people of the United States of America; therefore, be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial German Government, which has thus been thrust upon the United States, is hereby formally declared...."


"Whereas the Government of Bulgaria has formally declared war against the Government and the people of the United States of America: Therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Government of Bulgaria which has thus been thrust upon the United States is hereby formally declared...."

This goes on. They are basically the same..

"...and whereas, by the acts and means aforesaid, war exists between the Confederate States and the Government of the United States and the States and Territories thereof, except the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas, Missouri, and Delaware, and the Territories of Arizona and New Mexico, and the Indian Territory south of Kansas..."

More verbose, but basically the same.
Edited for clarity.
 
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@WJC and @Mark Roth - After reading your comments and supporting documentation, as well as reading a lengthy article by two experts in this field of study titled:
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications, I believe that I will have to re-evalute my position that "a recognition of a state of war is not the same as a declaration of war." From all appearance, my position was incorrect and it appears that the recognition of a state of war is in fact the same as a declaration of war. I went back and reread Lincoln's proclamations from April 17, 1861 onward and noticed he never used the phrase "state of war" but rather referred to events as an "insurrection" against the United States. The aforementioned article is in .pdf format but the section that pertains to this thread's topic starts on page 24 of 112 titled Implications Under International Law and has numerous footnotes to Grotius, Vattel, Kent's Commentary on International Law, as well as many other sources. Boy, that's twice this week I've had to do this.
 
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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.>

The thread title asks: Did the CSA declared war on the USA, not for your opinion on what the Confederate States thought of themselves as.
 
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There's also FDR's "Day of Infamy" speech:

".....I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December seventh, a state of war has existed between the United States and the Japanese Empire."

Not so much declaring war as acknowledging that it has begun.
 
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So you are saying that Ft. Sumter was not a kind of declaration of War by the Confederacy? It is not a war unless lawyers sign papers? That is confusing and I am unsure what falls into this discussion. Is it only legal documents?

A declaration of war is a specific legal action by a government.

On the other hand, wars often start without formal declarations. The Korean War for example; I don't believe there was ever a declaration of war by North Korea, and the United States and United Nations considered it a "police action".

If I can be allowed a contemporary observation, it's often pointed out in the news these days that the Korean War never formally ended; there was only an armistice, not a peace treaty, so the combatants are technically still in a state of war. A war which never formally began has never formally ended. Indeed the end of a war may be more formal and legalistic than the beginning.
 
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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?
O.R.-- SERIES I--VOLUME 2 [S# 2] -- CHAPTER IX.
CORRESPONDENCE, ORDERS, AND RETURNS RELATING TO OPERATIONS IN MARYLAND, PENNSYLVANIA, VIRGINIA, AND WEST VIRGINIA FROM APRIL 16 TO JULY 31, 1861.
CONFEDERATE CORRESPONDENCE, ETC.--#2

----
HEADQUARTERS POTOMAC DEPARTMENT,
Culpeper Court House, May 5, 1861.
Commissioned by the governor, with the sanction of the council, and confirmed by the Convention, in the rank of brigadier-general of volunteers, to date from the 21st April, 1861, and placed in command of all the military troops and defenses on the Potomac border of the State, I proceeded, in company with Brigadier-General Ruggles, my second in command, from Richmond, he to take up his headquarters at Fredericksburg, whilst I should take position in front of Washington, and, in connection with the commanding officer at Harper's Ferry, on my left, thus cover and defend our Potomac border against invasion from the North.
[extensive excerpt]
The North has not openly, and according to the usage of civilized nations, declared war on us. We make no war on them; but should Virginia soil or the grave of Washington be polluted by the tread of a single man in arms from north of the Potomac, it will cause open war. Men of the Potomac border, men of the Potomac Military Department, to arms! Your country calls you to her defense. Already you have in spirit responded. You await but the order to march, to rendezvous, to organize, to defend your State, your liberties, and your homes.
[POSTER'S NOTES: According to the publication by the Government of Fairfax County, Virgnia; "History of Fairfax," The Virginia General Assembly allowed militia and the National Troops to move through unmolested through the Commonwealth of Virginia since the late 1600's when Virginia was still under the rule of England. Troops were not to be charged a toll as well, if they were responding to an emergency. This "Act" by the Virginia Assembly (Williamsburg) was not rescinded during the ACW. Therefore, this "alleged" grievance was without merit had they been aware of the laws of the Commonwealth of Virginia. It is implied by this publication "History of Fairfax," that outsiders came in and intimidated and threatened the elected members of the Virginia government, et.al., some fleeing to Washington, DC in fear of their lives. This was also the case where citizens of the Town of Annandale, fled after being threatened, wives threatened and roughed up, property seized if they didn't vote for secession -- in addition the votes cased by pro Union were destroyed -- this too is documented. Mostly occupied by Quakers at the time, they preferred peace and not division of the Nation. These "fire-eaters" were mainly Democrats, according to the "History of Fairfax." ]
 
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There seems to be some misunderstanding of the term declaration of war. The legal definition in the United States is:
DECLARATION OF WAR. An act of the national legislature, in which a state of war is declared to exist between the
United States and some other nation. This power is vested in Congress by the Constitution, Art. I. There is no form or ceremony necessary, except the passage of the act.​
<John Bouvier, A Law Dictionary, Adapted to the Constitution and Laws of the United States.>

Would not the letter of Marque and Reprisal issued by the Confederacy on April 17, 1861 "to meet the war thus commenced" meet the requirement of Declaration of War? :

Now, therefore. I, Jefferson Davis. President of the Confederate States of America,
Invite (1. Captain Name)Jeffery Lemma to service in a private armed vessel on the high seas, to aid this government in resisting so wanton and wicked an aggression, to make application for commissions or letters of marque and reprisal, to be issued under the seal of these Confederate States; it is with the authority of the Congress of the Confederate States of America that I do enact as President of the Confederate States and hereby authorized to use the whole land and naval force of the Confederate States to meet the war thus commenced, and to issue to private vessels commissions or letters of marque and general reprisal, It is with this authority in such form as I shall think proper, under the seal of the Confederate States, against the vessels, goods, and effects of the United States, and of the citizens or inhabitants of those States and territories thereof; that property of the enemy shall be subject to seizure. And I do further notify Captain Lemma applying for these Letters of Marque to make a statement in writing, giving the name and suitable description of the character, tonnage, and force of the (2. Vessel Name)Rascal , name of the place of residence of each owner concerned therein and the intended number of crew, and to sign each statement, and deliver the same to the Secretary of State or Collector of the Port of Entry of these Confederate States, to be by him transmitted to the Secretary of State, with the condition that the owners, officers, and crew who shall be employed on board such commissioned vessel, shall observe the laws of these Confederate States, and the instructions given them for the regulation of their conduct, and shall satisfy all damages done contrary to the tenor thereof by this vessel during her commission, and deliver up the same when revoked by the President of the Confederate States, And I do further specially enjoin on all persons holding offices, civil and military, under the authority of the Confederate States, that they be vigilant and zealous in the discharge of the duties incident thereto.

And that before breaking bulk of any vessel which shall be captured as aforesaid, or disposal or conversion thereof, or of any articles which shall be found on board the same, such captured vessel, goods, or effects, shall be brought into some port of the Confederate States, or of a nation or State in amity with the Confederate States, and shall be proceeded against before a competent tribunal; and after condemnation and forfeiture thereof, shall belong to the owners, officers, and crew of the vessel capturing the same, and be distributed as before provided; and in the case of all captured vessels, goods, and effects which shall be brought within the jurisdiction of the Confederate States, the district courts of the Confederate States shall have exclusive original cognizance thereof, as the civil causes of admiralty and maritime jurisdiction; and the said courts, or the courts being courts of the Confederate States into which such cases shall he removed, in which they shall be finally decided, shall and may decree restitution in whole or part, when the capture shall have been made without just cause. And, if made without probable cause, may order and decree damages and costs to the party injured, for which the owners and commanders of the vessels making such captures, and also the vessels, shall be liable.

Sign and sealed before me on the Seventeenth day of April , in the year one thousand eight hundred and sixty one.

confederate-1861-gr-550w.jpg
 
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APPROVED May 16, 1861.

No. 106.] AN ACT
Recognizing the existence of War between the United States and the Confederate States; and concerning Letters of Marque, Prizes and Prize Goods.

WHEREAS, The earnest efforts made by this Government to establish friendly relations between the Government of the United States and the Confederate States, and to settle all questions of disagreement between the two Governments upon principles of right, justice, equity and good faith, have proved unavailing by reason of the refusal of the Government of the United States to hold any intercourse with the commissioners appointed by this Government for the purposes aforesaid, or to listen to any proposals they had to make for the peaceful solution of all causes of difficulty between the two Governments: and whereas the President of the United States of America has issued his proclamation making requisition upon the States of the American Union for seventy-five thousand men for the purpose, as therein indicated, of capturing forts and other strongholds within the jurisdiction of and belonging to the Confederate States of America, and has detailed naval armaments upon the coasts of the Confederate States of America, and raised, organized and equipped a large military force to execute the purpose aforesaid, and has issued his other proclamation announcing his purpose to set on foot a blockade of the ports of the Confederate States: and whereas, the State of Virginia has seceded from the Federal Union and

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entered into a convention of alliance offensive and defensive with the Confederate States, and has adopted the Provisional Constitution of the said States, and the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas and Missouri, have refused, and it is believed that the State of Delaware and the inhabitants of the territories of Arizona and New Mexico, and the Indian territory South of Kansas, will refuse to co-operate with the Government of the United States in these acts of hostilities and wanton aggression, which are plainly intended to overawe, oppress and finally subjugate the people of the Confederate States: and whereas, by the acts and means aforesaid, war exists between the Confederate States and the Government of the United States, and the States and territories thereof, except the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas, Missouri and Delaware, and the territories of Arizona and New Mexico, and the Indian territory South of Kansas: Therefore,

SECTION 1. The Congress of the Confederate States of America do enact, That the President of the Confederate States is hereby authorized to use the whole land and naval force of the Confederate States to meet the war thus commenced, and to issue to private armed vessels commissions, or letters of marque and general reprisal, in such form as he shall think proper, under the seal of the Confederate States, against the vessels, goods and effects of the government of the United States, and of the citizens or inhabitants of the states and territories thereof: Provided, however, That property of the enemy (unless it be contraband of war) laden on board a neutral vessel, shall not be subject to seizure under this act: And provided further, That vessels of the citizens or inhabitants of the United States now in the ports of the Confederate States, except such as have been since the 5th of April last, or may hereafter be, in the service of the government of the United States, shall be allowed thirty days after the publication of this act to leave said ports and reach their destination; and such vessels and their cargoes, excepting articles contraband of war, shall not be subject to capture under this act during said period, unless they shall have previously reached the destination for which they were bound on leaving said ports.

SEC. 2. That the President of the Confederate States shall be and he is hereby authorized and empowered to revoke and annul, at pleasure, all letters of marque and reprisal which he may at any time grant pursuant to this act.

http://docsouth.unc.edu/imls/proviscongress2/session2.html
 
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O.R.--SERIES II--VOLUME II [S# 115]
CONFEDERATE POLITICAL ARRESTS.
Miscellaneous Confederate Correspondence Relating to Political Arrests During the First Year of the War.--#1
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An act respecting alien enemies, approved August 8, 1861.
The Congress of the Confederate States of America do enact, That whenever there shall be a declared war between the Confederate States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted or threatened against the territory of the Confederate States by any foreign nation or government and the President of the Confederate States shall make public proclamation of the event, or the same shall be proclaimed by act of Congress, all natives, citizens, denizens or subjects of the hostile nation or government, being males of fourteen years of age and upward, who shall be within the Confederate States and not citizens thereof shall be liable to be apprehended, restrained or secured and removed as alien enemies:
Provided, That during the existing war citizens of the United States residing within the Confederate States with intent to become citizens thereof and who shall make a declaration of such intention in due form, and acknowledging the authority of the Government of the same, shall not become liable as aforesaid, nor shall this act extend to citizens of the States of Delaware, Maryland, Kentucky, Missouri and of the District of Columbia and the Territories of Arizona and New Mexico and the Indian Territory south of Kansas who shall not be chargeable with actual hostility or other crime against the public safety and who shall acknowledge the authority of the Government of the Confederate States.

SEC. 2. The President of the Confederate States shall be and he is hereby authorized by his proclamation or other public act, in case of existing or declared war as aforesaid, to provide for the removal of those who not being permitted to reside within the Confederate States shall refuse or neglect to depart therefrom; and to establish such regulations in the premises as the public safety may require.

SEC. 3. Immediately after the passage of this act the President of the Confederate States shall by proclamation require all citizens of the United States, being males of fourteen years and upward, within the Confederate States and adhering to the Government of the United States and acknowledging the authority of the same, and not being citizens of the Confederate States nor within the proviso of the first section of this act, to depart from the Confederate States within forty days from the date of said proclamation; and such persons remaining within the Confederate States after that time shall become liable to be treated as alien enemies; and in all cases of declared war as aforesaid aliens resident within the Confederate States who shall become liable as enemies as aforesaid, and who shall not be chargeable with actual hostility or other crime against the public safety, shall be allowed the time for the disposition of their effects and departure which may be stipulated by any treaty with such hostile nation or government; and when no such treaty may exist the President shall prescribe such time as may be consistent with the public safety and accord with the dictates of humanity and national hospitality.

SEC. 4. After any declared war or proclamation as aforesaid it shall be the duty of the several courts of the Confederate States and of each State having criminal jurisdiction, and of the several judges, justices of the courts of the Confederate States, and they are hereby authorized upon complaint against any alien or alien enemies as aforesaid or persons coming within the purview of this act, who shall be resident or remaining in the Confederate States and at large within the jurisdiction or district of such judge or court as aforesaid contrary to the intent of this act and of the proclamation of the President of the Confederate States or the regulations prescribed by him in pursuance of this act, to cause such alien or aliens, person or persons as aforesaid to be duly apprehended and convened before such court, judge or justice for examination; and after a full examination and hearing in such complaint, and sufficient cause therefor appearing, shall or may order such alien or aliens, person or persons to be removed out of the territory of the Confederate States or to be otherwise dealt with or restrained, conformably to the intent of this act and the proclamation or regulations which may be prescribed as aforesaid, and may imprison or otherwise secure such alien person until the order which shall be made shall be performed.

SEC. 5. It shall be the duty of the marshal of the district in which any alien enemy or person offending against the provisions of this act shall be apprehended, who by the President of the Confederate States or by order of any court, judge or justice as aforesaid shall be required to depart [or] to be removed as aforesaid, to execute such order by himself or deputy or other discreet person, and for such execution the marshal shall have the warrant of the President or the court or judge, as the case may be.
-----

Proclamation.
Whereas the Congress of the Confederate States of America did by an act approved on the 8th day of August, 1861, entitled "An act respecting alien enemies," make provision that proclamation should be issued by the President in relation to alien enemies, and in conformity with the provision of said act--
Now therefore I, Jefferson Davis, President of the Confederate States of America, do issue this my proclamation; and I do hereby warn and require every male citizen of the United States of the age of fourteen years and upward now within the Confederate States and adhering to the Government of the United States and acknowledging the authority of the same, and not being a citizen of the Confederate States, to depart from the Confederate States within forty days from the date of this proclamation. And I do warn all persons above described who shall remain within the Confederate States after the expiration of said period of forty days that they will be treated as alien enemies.

Provided, however, That this proclamation shal1 not be considered as applicable during the existing war to citizens of the United States residing within the Confederate States with intent to become citizens thereof, and who shall make a declaration of such intention in due form, acknowledging the authority of this Government; nor shall this proclamation be considered as extending to the States of Delaware, Maryland, Kentucky, Missouri, the District of Columbia, the Territories of Arizona and New Mexico and the Indian Territory south of Kansas, who shall not be chargeable with actual hostility or other crime against the public safety, and who shall acknowledge the authority of the Government of the Confederate States.

And I do further proclaim and make known that I have established the rules and regulations hereto annexed in accordance with the provisions of said law.

Given under my hand and the seal of the Confederate States of America at the city of Richmond on this 14th day of August, A. D. 1861.
JEFFERSON DAVIS.
By the President:

R. M. T. HUNTER,
Secretary of State.
[Inclosure.]
Regulations respecting alien enemies.

The following regulations are hereby established respecting alien enemies, under the provisions of an act approved 8th of August, 1861, entitled "An act respecting alien enemies:"

1. Immediately after the expiration of the term of forty days from the date of the foregoing proclamation it shall be the duty of the several district attorneys, marshals and other officers of the Confederate States to make complaint against aliens or alien enemies coming within the purview of the act aforesaid, to the end that the several courts of the Confederate States and of each State having jurisdiction may order the removal of such aliens or alien enemies beyond the territory of the Confederate States or their restraint and confinement, according to the terms of said law.


2. The marshals of the Confederate States are hereby directed to apprehend all aliens against whom complaints may be made under said law and to hold them in strict custody until the final order of the court, taking special care that such aliens obtain no information that could possibly be made useful to the enemy.

3. Whenever the removal of any alien beyond the limits of the Confederate States is ordered by any competent authority under the provisions of said law the marshal shall proceed to execute the order in person or by deputy or other discreet person in such manner as to prevent the alien so removed from obtaining any information that could be used to the prejudice of the Confederate States.

4. Any alien who shall return to these States during the war after having been removed therefrom under the provisions of said law shall be regarded and treated as an alien enemy, and if made prisoner shall be at once delivered over to the nearest military authority to be dealt with as a spy or as a prisoner of war, as the case may require.

------------------
AR DEPARTMENT, Richmond, August 9, 1861.
G. B. BOARD, Esq., Sheriff of Roanoke County, Va., or
JAMES C. HUFF, Esq., Jailor, Salem, Va.:
A letter has been received at this Department from the sheriff of the county of Roanoke, Va., and a similar letter from the clerk of the same county, asking instructions with regard to the prisoners which have been lodged in the jail of Roanoke County by order of Brigadier General Wise.

The prisoners of war must be sent to Richmond, and you are authorized to engage at the expense of this Government such a guard as may be necessary to bring them with safety. This order is limited, however, to those taken as prisoners of war, and does not include those arrested as spies over whom this Department has no control.

Respectfully,
L. P. WALKER,
Secretary of War.



---------------------------------------
This, in my opinion, is a declaration of war, as it defines by President Davis and it's "government" of the definitions of enemy aliens. The language of the "Act" has war, enemy, enemy aliens, prisoner of war--all language that is used for a 'in progress' war.

Respectfully submitted,
M. E. Wolf





 
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I would have thought that this would be a simple open and shut question: Yes, the Confederate Congress formally passed an act recognizing war between the United States and the Confederate States. It is rather long, but has much in common with the 1812 and 1846 declarations of war passed by the U.S. Congress. It also contains sections governing matters that either would have been separate acts passed by U.S. Congresses after declaring war or addressing matters that simply did not exist in the nascent Confederate statute books.

All black and white boilerplate war making laws.

And I can say that stating that the Confederate Congress clearly started the war, clearly were only pretending to govern a "nation," and clearly counted as a vague "combination" too powerful for ordinary law enforcement under various federal laws authorizing the President to put down rebellions.
What is your source?
 
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So you are saying that Ft. Sumter was not a kind of declaration of War by the Confederacy? It is not a war unless lawyers sign papers? That is confusing and I am unsure what falls into this discussion. Is it only legal documents?
Lincoln and President Davis were lawyers.
 
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Wouldn't Lincoln's call for troops on April 15, 1861, to invade the CS states meet the requirement of Declaration of War?

No, because Lincoln at that point has referred to the actions of the Southern states that issued declarations of secession, as being in a state of insurrection and is using federal statutes to call up the militia and military forces of the United States to quell an internal rebellion. This is strictly a law enforcement measure of a sovereign and recognized as such under federal laws.
 
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O.R.--SERIES IV--VOLUME I [S# 127]
CORRESPONDENCE, ORDERS, REPORTS, AND RETURNS OF THE CONFEDERATE AUTHORITIES, DECEMBER 20, 1860-JUNE 30, 1862.(*)--#3
[extensive excerpt]
[Inclosure.]
Concurrent resolutions tendering aid to the President of the United States in support of the Constitution and the union.

STATE OF NEW YORK, IN ASSEMBLY,
January 11, 1861.
Whereas, treason, as defined by the Constitution of the United States, exists in one or more of the States of this confederacy; and whereas, the insurgent State of South Carolina, after seizing the post-office, custom-house, moneys, and fortifications of the Federal Government, has, by firing into a vessel ordered by the Government to convey troops and provisions to Fort Sumter, virtually declared war; and whereas, the forts and property of the United States Government in Georgia, Alabama, and Louisiana have been unlawfully seized, with hostile intentions; and whereas, further, Senators in Congress avow and maintain their treasonable acts: Therefore,

Resolved (if the Senate concur),
That the Legislature of New York, profoundly impressed with the value of the Union and determined to preserve it unimpaired, hail with joy the recent firm, dignified, and patriotic special message of the President of the United States, and that we tender to him, through the Chief Magistrate of our own State, whatever aid in men and money he may require to enable him to enforce the laws and uphold the authority of the Federal Government; and that in defense of the "more perfect Union," which has conferred prosperity and happiness upon the American people, renewing the pledge given and redeemed by our fathers, we are ready to devote "our fortunes, our byes, and our sacred honor" in upholding the Union and the Constitution.

Resolved (if the Senate concur)
, That the Union-loving representatives and citizens of Delaware, Maryland, Virginia, North Carolina, Kentucky, Missouri, and Tennessee, who labor with devoted courage and patriotism to withhold their States from the vortex of secession, are entitled to the gratitude and admiration of the whole people.

Resolved (if the Senate concur),
That the Governor be respectfully requested to forward forthwith copies of the foregoing resolutions to the President of the Nation and the Governors of all the States of the Union.
The preceding preamble and resolutions were duly passed.
By order:
H. A. RISLEY,
Clerk.
IN SENATE, January 11, 1861.
The preceding preamble and resolutions were duly passed.
By order:
JAMES TERWILLIGER,
Clerk.

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[POSTER'S NOTES, COMMENTS & OBSERVATIONS:
It is my personal opinion, that the words of the actual participants during the times of the American Civil War, be held to the highest degree and not 'second guessed' as their lives, standards of morals, ethics and observations are 'in the moment,' and the above behavior and justification by the New York State Assembly, proffers beyond doubt as to what was deemed "treason" and an "act of war" and or the "declarations of war." I do find that this tiny portion of the vast documented history of the American Civil War, is testimony to the act of aggression was committed by the Provisional Confederate States of America and later known as the Confederate States of America. Although Fort Sumter, S. C., Governor Pickens (D-SC) proffers the best documentation that the 'intent' to seize Forts in the South Carolina territorial waters, the talk of 'war' predates the actual firing on Fort Sumter, which is documented in the "Official Records of the Rebellion." Why would the Governor of South Carolina be using the word "war" if it was not his intent to wage war on the United States, et.al....

Studies of our American History and Heritage continues.

Respectfully submitted for consideration,
M. E. Wolf
 
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No, because Lincoln at that point has referred to the actions of the Southern states that issued declarations of secession, as being in a state of insurrection and is using federal statutes to call up the militia and military forces of the United States to quell an internal rebellion. This is strictly a law enforcement measure of a sovereign and recognized as such under federal laws.

So Lincoln issued an edict, that in effect, met the requirements of a declaration of war to force the CS States back into his union? It's no the wonder the four upper South states seceded as a result.

“If war must come I preferred to be with my own people. If we had to shed blood, I preferred to shed Northern blood rather than Southern blood. If we had to slay, I had rather slay strangers than my own kindred and neighbors; and it was better, right or wrong, that communities and States should go together and face the horrors of war in a body-- sharing a common fate, rather than endure the unspeakable calamities of internecine strife... The argument having ceased and the sword being drawn, all classes in the South united as by magic, as only a common danger could unite them.”

Zebulon B. Vance ( wartime Governor of North Carolina).
 
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Navy O.R.-- Series II--Volume 2
[C.S.] Navy Department Correspondence, 1861-1865. pp. 40-107

RICHMOND, VA., November 19, 1861.
SIR: In compliance with your verbal instructions of this morning, I have the honor to propose that the Fingal be sent back to England as speedily as possible with a cargo of naval stores and cotton on account of the Confederate Government. That she shall return at the earliest practicable time with such arms and ordnance stores as Captain Huse may have ready for shipment upon her arrival in England, making the best of her way to one of the Confederate or West India ports as the state of the blockade may suggest, when she is ready for sea. That for this purpose a clever business officer, with a good knowledge of our own coast and the navigation of the West India Islands, be detailed to go out in the Fingal to bring her back, and that a coast pilot for both the Atlantic and Gulf be sent to assist him. The Fingal's cargo could be consigned to Messrs. Fraser. Trenholm & Co., Liverpool, and the amount of sales, which would doubtless be promptly returned, could be made available for the purchase of such special articles as may be deemed of present and pressing need. Powder can not be bought in England except in small quantities, but must be contracted for.

I furthermore respectfully propose that my orders may be to take the Fingal to England and there to turn her special control over to the officer selected to bring her back, of course, assisting as much as my other duties will permit in arranging for her proper and safe clearance. That I be specially instructed to fit out as speedily as possible the shipbuilding under contract with me by Messrs. Fawcett, Preston & Co., of Liverpool, to get her to sea as nearly equipped for war service as circumstances will permit. If England has acknowledged the Confederate Government and declared war against the. United States, I suggest that my orders be to fully equip the ship in England and proceed to operate upon the coast between New York and Portland, Me., and to harass the enemy wherever ice will permit access to harbors. If, however, England still remains neutral, it will be impossible to equip the ship for war and get her safely into a Confederate port, as the American consuls in Great Britain would be very active in their efforts to prevent her sailing and would probably have men-of-war to follow her out of the British Channel and across to this coast, no matter under what flag she might be disguised. In this contingency I propose that I be instructed to send the armament and war stores to some out port, get the ship to sea under a foreign flag with a partial cargo not contraband of war, and finish her equipment at the port selected under the Confederate States flag. Then to run down the west coast of Africa, cruise for a short time with the hope of picking up one or two prizes from which to reinforce the crew, and thence to proceed to the China seas where a large and defenseless commerce of the enemy seems to invite attack.

The East Indian trade has met no check during this war and is pouring large profits into the hands of certain well-known merchants of New York, who are most earnest in their support of the Federal Government and most bitter in their enmity to that of the Confederacy. This suggestion as to my own employment is made because of your expressed intention and desire to have me commissioned as soon as possible, and I respectfully request that if Congress passes the necessary act to enable you to give me a commission you will detail Acting Midshipman Anderson, of Savannah, Acting Lieutenant Whittle, and Acting Midshipman Bulloch, now on board the Nashville, to serve with me. I beg to call your attention to an application I made yesterday that Mr. John Low, who came over with me in the Fingal, and who was of great assistance, might be suitably rewarded, and your partial promise to make him an acting master. I shall be pleased, if you deem proper to appoint this gentleman to that rank, to have him also detailed for service with me.

I am, respectfully, your obedient servant,
JAMES D. BULLOCH.
Hon. S. R. MALLORY,
Secretary of the Navy.
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POSTER'S NOTES, COMMENTS & OBSERVATIONS:
I find this official documentation on the Naval side of things enlightening. One must remember how outside Nations and their governments view the Federal/Union Government and/or the Confederate Government. Note well how the Fingal is switched from normal cargo into arms to be shipped to the Confederacy. Note well, that the willingness to 'mutiny' for promises of commissions (if they only had known the Confederate Navy would soon be scrapped due to finances); as well as how the author (James D. Bulloch) didn't know how England would officially side. This behavior, in my opinion is worthy of consideration that there was a 'war' declared and officially against the United States of America by the Confederate States of America. I will invite Naval veterans to add to the Naval 'eyes' and 'attitudes' to embellish and enlighten for the sake of historical studies.

Respectfully submitted for considerations,
M. E. Wolf

 
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It looks like that is what this discussion is. Purely on the legalities of politicians and not military action.
Exactly. There was a specific question asked, "Did the CSA ever declare war on the USA?"
The question was not about 'de facto declarations of war' or actions taken that could be interpreted as beginning a war. It was not about subsequent legislation or other actions taken in support of troops in the field or ships at sea.
Did the so-called Confederate States actually ever take the specific step to declare war? Yes, they did.
I grant that few sources for whatever reason ever mention that fact, but it is a documented fact.
 
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So Lincoln issued an edict, that in effect, met the requirements of a declaration of war to force the CS States back into his union? It's no the wonder the four upper South states seceded as a result.

“If war must come I preferred to be with my own people. If we had to shed blood, I preferred to shed Northern blood rather than Southern blood. If we had to slay, I had rather slay strangers than my own kindred and neighbors; and it was better, right or wrong, that communities and States should go together and face the horrors of war in a body-- sharing a common fate, rather than endure the unspeakable calamities of internecine strife... The argument having ceased and the sword being drawn, all classes in the South united as by magic, as only a common danger could unite them.”

Zebulon B. Vance ( wartime Governor of North Carolina).
Lincoln never declared war because he didn't have to: in his view, he was not fighting a foreign power.
Lincoln's position was clear and consistent: certain American citizens in some southern states were engaged in rebellion against their lawful government, the United States of America.
The so-called 'Confederate States' considered themselves fully independent and engaged in war with a foreign power. So they took the step to declare war.
 
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