Prize Cases
Encyclopedia
Prize Cases – 67 U.S. 635
– was a case argued before the Supreme Court of the United States in 1862 during the American Civil War
. The Supreme Court's decision declared constitutional the blockade of the Southern ports ordered by President Abraham Lincoln
. The opinion in the case was written by Supreme Court Justice Robert Cooper Grier
.
of several states from the Union and the possibility of open hostilities, Abraham Lincoln did not ask Congress to declare war on the Confederate States of America
as he believed this would be tantamount to recognizing the Confederacy
as a nation. Instead, Lincoln instituted a naval blockade
which had interesting legal ramifications because nations do not blockade their own ports; rather they close them. By ordering a blockade, Lincoln essentially declared the Confederacy to be belligerent
s instead of insurrectionists.
The Confederate States were mostly agrarian, and almost all of their machined and manufactured goods were imported. At the beginning of the war there was only one significant steel mill and manufactory in the South, the Tredegar Iron Works
in Richmond, Virginia
. Moreover, the southern economy depended on the export of cotton, tobacco and other crops. The blockade of the South resulted in the capture of dozens of American and foreign ships, both those attempting to run the highly efficient blockade and smuggle goods and munitions to the South as well as those attempting to smuggle exports from the South.
, a ship captured during war may be kept as a prize
. If there was no formal war, then capturing ships and impounding them is piracy
. The Court looked to international law
, and concluded that "it is not necessary to constitute war, that both parties should be acknowledged as independent nations or sovereign States." The Court further stated that the President, as commander-in-chief of the armed forces, had the authority to proclaim a blockade as a method of waging war. The Court noted that Congress, in 1861, had adopted a law ratifying and approving the President's proclamation as well as other actions taken to prosecute the war, but did not declare whether such Congressional approval was necessary to legitimize the blockade.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
– was a case argued before the Supreme Court of the United States in 1862 during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. The Supreme Court's decision declared constitutional the blockade of the Southern ports ordered by President Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
. The opinion in the case was written by Supreme Court Justice Robert Cooper Grier
Robert Cooper Grier
Robert Cooper Grier , was an American jurist who served on the Supreme Court of the United States.-Early life, education, and career:...
.
Background
Facing the secessionSecession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
of several states from the Union and the possibility of open hostilities, Abraham Lincoln did not ask Congress to declare war on the Confederate States of America
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
as he believed this would be tantamount to recognizing the Confederacy
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
as a nation. Instead, Lincoln instituted a naval blockade
Union blockade
The Union Blockade, or the Blockade of the South, took place between 1861 and 1865, during the American Civil War, when the Union Navy maintained a strenuous effort on the Atlantic and Gulf Coast of the Confederate States of America designed to prevent the passage of trade goods, supplies, and arms...
which had interesting legal ramifications because nations do not blockade their own ports; rather they close them. By ordering a blockade, Lincoln essentially declared the Confederacy to be belligerent
Belligerent
A belligerent is an individual, group, country or other entity which acts in a hostile manner, such as engaging in combat. Belligerent comes from Latin, literally meaning "to wage war"...
s instead of insurrectionists.
The Confederate States were mostly agrarian, and almost all of their machined and manufactured goods were imported. At the beginning of the war there was only one significant steel mill and manufactory in the South, the Tredegar Iron Works
Tredegar Iron Works
The Tredegar Iron Works was a historic iron foundry in Richmond, Virginia, United States of America, opened in 1837. During the American Civil War, the works served as the primary iron and artillery production facility of the Confederate States of America...
in Richmond, Virginia
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
. Moreover, the southern economy depended on the export of cotton, tobacco and other crops. The blockade of the South resulted in the capture of dozens of American and foreign ships, both those attempting to run the highly efficient blockade and smuggle goods and munitions to the South as well as those attempting to smuggle exports from the South.
Decision
The question before the court dealt with the seized ships. In admiraltyAdmiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
, a ship captured during war may be kept as a prize
Prize (law)
Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, it was common that the capturing force would be allotted...
. If there was no formal war, then capturing ships and impounding them is piracy
Piracy
Piracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...
. The Court looked to international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, and concluded that "it is not necessary to constitute war, that both parties should be acknowledged as independent nations or sovereign States." The Court further stated that the President, as commander-in-chief of the armed forces, had the authority to proclaim a blockade as a method of waging war. The Court noted that Congress, in 1861, had adopted a law ratifying and approving the President's proclamation as well as other actions taken to prosecute the war, but did not declare whether such Congressional approval was necessary to legitimize the blockade.
Dissent by Justice Nelson
The dissenting opinion by the Court acknowledges that the President is not provided the authority to declare war. The power to declare war lies with Congress. The Civil War did not exist until it was declared so by Congress. Lincoln ordered the blockade before Congress had declared a war. As such, Nelson and the minority believed that the blockade was unconstitutional. They further contend that even had Lincoln been granted the authority for the blockade, he would need to provide the neutral parties with a proper notice of seizure.External links
67 U.S. 635 Full text of the opinion courtesy of Findlaw.com.- OyezOyez.orgThe Oyez Project at the Chicago-Kent College of Law is an unofficial online multimedia archive of the Supreme Court of the United States, especially audio of oral arguments...
Official Supreme Court media, summary of The Prize Cases, and link to written opinion. - Legal Information InstituteLegal Information InstituteThe Legal Information Institute is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online at . The organization is a pioneer in the delivery of legal information online. Founded in 1992 by Peter Martin and...
Dissent by Justice Nelson