Letter of marque
:
For the Patrick O'Brian novel, see The Letter of Marque. |
Letter of Marque of the First French Empire given to Captain Antoine Bollo, via the ship owner Dominique Malfino from Gena, owner of the Furet, a 15-tonne privateer, 27 February 1809. |
|
Letter of Marque given to Captain Antoine Bollo, via the ship owner Dominique Malfino from Gena, owner of the Furet, a 15-tonne privateer, 27 February 1809. |
A
Letter of Marque and Reprisal was an official
warrant or
commission from a national government authorizing the designated
agent to search, seize, or destroy specified assets or personnel belonging to a party which had committed some offense under the laws of nations against the assets or citizens of the issuing nation, and was usually used to authorize private parties to raid and capture merchant shipping of an enemy nation.
The formal statement of the warrant was to authorize the agent to pass beyond the borders of the nation ("marque", meaning frontier), and there to search, seize, or destroy assets or personnel of the hostile foreign party ("reprisal"), not necessarily a nation, to a degree and in a way that was proportional to the original offense. It was considered a retaliatory measure short of a full
declaration of war, and by maintaining a rough proportionality, was intended to justify the action to other nations, who might otherwise consider it an
act of war or
piracy. As with a domestic search, arrest, seizure, or death warrant, to be considered lawful it had to have a certain degree of specificity, to ensure that the agent did not exceed his authority and the intent of the issuing authority.
A private
ship and its captain and crew operating under a letter of marque and reprisal was called a
privateer.
Letters of Marque were abolished by the
April 16,
1856 Declaration of Paris, which was an annex to the
1856 Treaty of Paris that ended the
Crimean War. The
United States was one of the main nations not to ratify the Declaration.
United Kingdom
Letters of marque were issued by
England, after 1707
Great Britain, and after 1801 the
United Kingdom until the signing of the
Declaration of Paris in
1856. Famous recipients include
Sir Francis Drake,
Sir Henry Morgan, and
William Kidd. To further illustrate the subtlety between piracy and privateering, both Henry Morgan and William Kidd were later brought up on charges of piracy by England.
France
Letters of Marque were given by
France in a very selective manner. Under
Napoleon, they covered a six-month period in case a war should come to an end. This meant that captains left port with several Letters of Marque, since expeditions rarely lasted less than a year. Once he returned to harbour, the captain had to hand the letter over to the naval authorities who destroyed it, creating a greater sense of accountability and rarity
United States of America
The
United States Constitution (Art. I § 8) authorizes only
Congress to issue Letters of Marque and Reprisal. One outstanding question is whether Congress can issue such a letter to the
President, as an authorization for limited offensive warlike operations outside the territory of the United States. In 2002,
Douglas Kmiec, then Dean of the
Columbus School of Law at
The Catholic University of America,
testified before the
U.S. Senate Committee on the Judiciary that:
Letters of Marque and Reprisal are grants of authority from Congress to private citizens, not the President. Their purpose is to expressly authorize seizure and forfeiture of goods by such citizens in the context of undeclared hostilities. Without such authorization, the citizen could be treated under international law as a pirate. Occasions where one’s citizens undertake hostile activity can often entangle the larger sovereignty, and therefore, it was sensible for Congress to desire to have a regulatory check upon it. Authorizing Congress to moderate or oversee private action, however, says absolutely nothing about the President’s responsibilities under the Constitution.
Because the difference between a
privateer and a
pirate was a subtle (often invisible) one, in 1856 the issuance of Letters of Marque and Reprisal to private parties was banned for signatories of the Declaration of Paris. The United States was not a signatory to that Declaration and is not bound by it. During the
1861-
65 American Civil War and the
1898 Spanish-American War, however, the United States issued statements that it would abide by the principles of the Declaration of Paris for the duration of the hostilities. (The
Confederate States of America did issue Letters of Marque and Reprisal during the Civil War.)
Examples of some famous privateers include:
Alexander Godfrey CSS Alabama*
reprisal *
commerce raiding
