Brown v. United States - 12 U.S. (8 Cranch) 110 (1814)

Rule:

That war gives to the sovereign full right to take the persons and confiscate the property of the enemy wherever found, is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself. That remains undiminished, and when the sovereign authority shall choose to bring it into operation, the judicial department must give effect to its will. But until that will shall be expressed, no power of condemnation can exist in the court. 

Facts:

The claimant, an American citizen, bought the timber before war had been declared with Great Britain. The United States seized the timber as enemy property and filed a libel for the timber's forfeiture as a prize of war. The district court dismissed the libel. The circuit court reversed the sentence, and condemned the timber as enemy property forfeited to the United States. The claimant sought review.

Issue:

May enemy's property, found on land at the commencement of hostilities, be seized and condemned as a necessary consequence of the declaration of war?

Answer:

No

Conclusion:

The circuit court's judgment was reversed. The United States Supreme Court noted that the timber, which had been floated into a salt water creek leaving the ends of the timber resting on the mud at low water, and prevented from floating away, had landed. As such, the timber found in the United States, on land, at the commencement of hostilities with Great Britain, could not be condemned as enemy's property, without a legislative act, authorizing its confiscation. The act of the legislature, declaring war, was not such an act.