That is what happened in the
Civil War. The Southern states seceded and Mr. Lincoln had war on his
hands before Congress could declare it. The President thereupon declared
a blockade of the Southern ports and the question then came up as to
whether it was a legal blockade so that prizes might be taken as in a
naval war. Our war vessels had captured merchant vessels trying to run
the blockade, had taken them into prize courts, and had sold them there,
distributing the proceeds among themselves. The owners fought the
proceedings and these suits, called "The Prize Cases," were carried to
the Supreme Court of the United States. The court held that while
Congress under the Constitution had sole power to declare war,
nevertheless, actual war might follow with all its legal consequences if
a nation invaded our country or if such an insurrection arose as that
which had just taken place in the Civil War.
Let me give you an example of presidential authority exercised in
pursuance of his constitutional duty to execute the laws even when
Congress passes no law on the subject-matter.
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