Existing comment:
"A Civil War is never solemnly declared... When the party in rebellion occupy and hold in a hostile manner a portion of territory, have declared their independence, ... have commenced hostilities against their former sovereign, the world acknowledges them as belligerents, and the contest as a war."
-- Justice Robert C. Grier
Or a Civil Rebellion?
The attorneys representing the federal government argued that the conflict was a rebellion, with part of the populace fighting against the sovereignty of the Union. The scope of the conflict, however, was so large that a war existed whether Congress issued a declaration that recognized the Confederacy or not. Under these conditions, the Laws of War did not apply, the blockade was legal, and the capture prizes should be awarded.
In a closely contested 5-4 decision, the Court ruled that the blockade was legal and the ships and cargos were awarded in accordance with the prize law. Justice Robert C. Grier's majority opinion stated that the Confederacy was not an independent country but that the Union was engaged in a civil war of such magnitude that it could proceed as if it was at war with another nation. The Court's decision was significant because it broadened the war powers available to the federal government under the Laws of War likely prevented foreign powers from allying with the North. |