In Lower et al. v. United States, the Supreme Court was asked to decide whether the United States had the right to take possession of a vessel that had been seized by the United States Navy for alleged violations of the Neutrality Act. The vessel, the "Lower," had been seized by the Navy in 1868 and was being held in the custody of the United States. The owners of the vessel, Lower et al., argued that the seizure was unlawful and that the United States had no right to take possession of the vessel. The Supreme Court held that the United States had the right to take possession of the vessel. The Court reasoned that the Neutrality Act gave the United States the right to seize vessels that were being used to violate the Act, and that the Lower had been used to violate the Act. The Court also held that the United States had the right to take possession of the vessel in order to prevent further violations of the Act. In conclusion, the Supreme Court held that the United States had the right to take possession of the vessel, the Lower, in order to prevent further violations of the Neutrality Act. The Court reasoned that the Neutrality Act gave the United States the right to seize vessels that were being used to violate the Act, and that the Lower had been used to violate the Act.

Justice Field delivered the dissenting opinion in Lower et al. v. United States, arguing that the Court should not have reversed its earlier decision in a similar case, Ex parte Siebold (1880). He argued that Congress had no authority to pass laws regulating elections within states and thus could not punish those who violated such laws. Furthermore, he noted that even if Congress did have this power it was limited by the Constitution's guarantee of due process of law and equal protection under the law for all citizens regardless of race or color. Finally, Justice Field argued that any attempt to regulate state elections through federal legislation would be an unconstitutional interference with state sovereignty and would undermine public confidence in both state governments and federal government alike.