The Prize Cases

Tue, 10 Feb 1863 13:00:00 +0000

Location

The White House

1600 Pennsylvania Ave Washington DC 20500

Washington, DC 20500

United States

38° 53' 51.7056" N, 77° 2' 11.4684" W

See map: Google Maps

Case Basics

Petitioner

The Prize Cases

Heard By

Taney Court (1862-1863)

Decided By

Taney Court (1862-1863)

Opinion

67 U.S. 635 (1863)

Argued

Tuesday, February 10, 1863

Decided

Tuesday, March 10, 1863

Facts of the Case

Lincoln proclaimed a blockade of southern ports in April 1861. Congress authorized him to declare a state of insurrection by the Act of July 13, 1861. By the Act of August 6, 1861, Congress retroactively ratified all Lincoln's military action. These cases involved the seizure of vessels bound for Confederate ports prior to July 13, 1861.

Question

Did Lincoln act within his presidential powers defined by Article II when he ordered the seizures absent a declaration of war?

Conclusion

Decision: 5 votes for United States, 4 vote(s) against
Legal provision: US Const. Art 2

The President had the power to act. A state of civil war existed de facto after the firing on Fort Sumter (April 12, 1861) and the Supreme Court would take this fact into account. Though neither Congress nor the President can declare war against a state of the Union, when states waged war against the United States government, the President was "bound to meet it in the shape it presented itself,without waiting for Congress to baptize it with a name."

Cases - 1862 term

The Prize Cases

Location