Sorry it took so long to get back to you. This last week has been really hectic, and confused. The bad thing is this confusion looks like it will go for another week or so as I am having work done on my house.

Referencing “The Immortal Captives” by Mauriel Joslyn, page 10 starting at paragraph 2--
“President A. Lincoln’ administration announced early in the war that the Southern States were in rebellion and therefore any prisonerss taken were to be treated as traitors. An exchange of prisoners implied a legitimate nationhood.”

(3)The first incident to test the strength of the Federal position was the arrest of Confederate naval personnel June 3, 1861. Lincoln issued a proclamation stating they would be tried as pirates. However the denouncement of that action, by Great Britain, combined to do likewise by President Jefferson Davis to do likewise with captured Northern officers forced the Union to back down, and the treat to hang the officers were dropped.

(4)Finally congress forced the President to yield to a resolution passed in 1861 which declared negotiations for prisoner of war exchange cartel to be agreed upon."

No agreement was reached.

The Dix Hill cartel clearly uses the word “prisoners” and the term “prisoners of war” and “war.” The words rebellion traitors, treason are not used. The word part is used to describe both governments, putting the Confederate government on equal footing as the United States government. This agreement was signed and agreed upon by both parties. The fact the agreement was made, with exchange points, and a set of rules, in itself is a recognition of the CSA government.

You legal opinion, as I see it, is sort of like Chase’s opinion on secession, somewhat late an meaningless.