this right, early in the war. When the Federal naval officers—the Southern renegades, who have been before alluded to, among the rest—began to grow rich by the capture of blockade runners, it became necessary, of course, to condemn the prizes before they could get hold of their prize-money.
Some of these cases went up to the Supreme Court, on writ of error, and I shall quote from a case, known as the Prize Case, reported in 2d Black, 635.
This case was decided as early as the December Term, 1862, and Mr. Justice Greer delivered the opinion of the court.
The question arose upon the capture of some English ships which had attempted to run the blockade.
These ships could not be condemned, unless there was a lawful blockade, which they had attempted to break; and there could not be a lawful blockade, unless there was a war, and not a mere insurrection, as Mr. Seward, with puerile obstinacy, had so long maintained; and there could not be a war without, at least, two parties to it, both