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Prize Cases, 67 U.S. (2 Black) 635 (1863), 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 the blockade of the Southern ports ordered by President Abraham Lincoln constitutional.
For this reason. decisions in prize cases bear the name of the vessel, such as The Rapid (a U.S. Supreme Court case holding goods bought before hostilities commenced nonetheless become contraband after war is declared) [28] or The Elsebe (Lord Stowell holding that prize courts enforce rights under the Law of Nations rather than merely the law ...
Prize courts were common in the 17th through 19th centuries, during times of American or European naval warfare. The United States in 1780 established the Federal Court of Appeals in Cases of Capture to hear appeals of prize cases from state prize courts; this court was ended in 1787, after conclusion of the war.
The International Prize Court was an international court proposed at the beginning of the 20th century, to hear prize cases.An international agreement to create it, the Convention Relative to the Creation of an International Prize Court, was made at the Second Hague Conference in 1907 but never came into force.
In the Prize Cases, 67 U.S. (2 Black) 635 (1863) the Supreme Court held, 5-4, that the blockade of the Southern ports ordered by President Abraham Lincoln during the American Civil War was constitutional. The blockade of the South resulted in the capture of dozens of American and foreign ships, both those attempting to run the highly efficient ...
Henry J. Bourguignon, The First Federal Court: The Federal Appellate Prize Court of the American Revolution, 1775–1787, in 122 Memoirs of the American Philosophical Society (1977). The Revolutionary War Prize Cases: Records of the Court of Appeal in Cases of Capture, 1776–1787 (available at the National Archives as Microform Publication M162).
Federal common law in diversity jurisdiction cases, later overturned Prigg v. Pennsylvania: 41 U.S. 539 (1842) runaway slaves Luther v. Borden: 48 U.S. 1 (1849) guarantee clause of Article Four of the United States Constitution: Passenger Cases: 48 U.S. 283 (1849) taxation of immigrants, constitutionality of state laws regarding foreign ...
The owners of the vessels appealed to the U.S. Supreme Court, citing a centuries-long tradition of nations exempting fishing vessels from prize capture, even during war. At the time of capture, neither vessel had evidence of aiding the enemy, no arms were found on board, and no attempts were made to run the blockade or to resist capture.