The Brig Amy Warwick was a case heard by the United States Supreme Court in 1862. The case involved a dispute between two parties, one of whom had purchased the brig and its cargo from an auctioneer who had been appointed to sell it off for unpaid duties owed on imported goods. The purchaser argued that he should be allowed to keep his purchase because the auctioneer did not have legal authority to make such sales, while the other party argued that they were entitled to possession of both vessel and cargo due to their claim against them for unpaid duties. After hearing arguments from both sides, the court ruled in favor of the purchaser, finding that since there was no law authorizing such sales by an auctioneer then any sale made would be invalid and thus could not transfer title or ownership rights over either vessel or cargo.

The dissenting opinion in the case of The Brig Amy Warwick argued that a vessel captured by an enemy during war is not subject to condemnation as prize, unless it was actually employed in hostile service. In this particular instance, the brig had been used for peaceful purposes prior to its capture and therefore could not be condemned as a lawful prize. Furthermore, since there were no facts presented which showed that the vessel had ever been employed in any manner whatsoever against either belligerent party before or at the time of her seizure, she should have been released from custody and restored to her owners without being subjected to condemnation proceedings. The majority's decision failed to take into account these important considerations and thus resulted in an unjustified deprivation of property rights belonging solely to private citizens who were innocent bystanders with respect thereto.