1. He was a non-combatant.
2. He was not a naturalized citizen, he was Scottish.
3. He was not in the act of running the blockade.
4. Under the laws, even if he were caught at sea running the blockade, he must be released: only the ship and cargo could be held.
5. He was put into the worst of the worst prison, set up to hold NORTHERN criminals and political adversaries of the war, not POWs. He was not sent to Ship Island, the closer POW prison.

Below is his Salitpa, Alabama grave.