The Cargo of the Brig Aurora, Burnside, Claimant v. The United States was a Supreme Court case that addressed the issue of whether or not goods seized by a privateer during wartime could be considered as prize money and thus subject to forfeiture. In this case, the brig Aurora had been captured by an American privateer in 1812 while en route from England to France with cargo owned by British subjects. The vessel and its cargo were brought into port in New York where it was condemned as lawful prize of war under federal law. However, Burnside argued that he should have been allowed to redeem his property for its full value since it had not yet reached enemy territory when taken; therefore there was no legal basis for condemnation as prize money. Ultimately, the court ruled against Burnside on grounds that Congress has exclusive authority over matters concerning captures at sea during times of war and can make laws regarding such matters without interference from any other branch of government or individual citizens.

In the case of The Cargo of the Brig Aurora, Burnside, Claimant v. The United States, Justice Story delivered a dissenting opinion in which he argued that Congress had no authority to pass an act allowing for condemnation and forfeiture of property without due process. He noted that such action was unconstitutional under Article III Section 2 Clause 1 of the Constitution which states that “the Trial shall be by Jury” and further stated that it violated Article I Section 9 Clause 3 which prohibits bills of attainder or ex post facto laws. Justice Story concluded his dissent by noting that if Congress were allowed to pass such acts then it would set a dangerous precedent as they could potentially use this power to take away any citizen's rights without proper legal proceedings or jury trial.