Time Again for Letters of Marque?

American Thinker ^ | November 24, 2008 | Ralph Alter

[neverdem]

Once again, piracy captures the world's attention, though it seems unlikely that Hollywood will ever cast Johnny Depp in Pirates of Somalia. It's equally unlikely that a Somali immigrant got carried away on National Talk Like a Pirate Day (September 19^th) here in the States and sent word to his friends back home.

Greed and jihad represent the motive of this resurgence of maritime larceny off the coast of Africa, while the opportunity was provided by Somalia's civil wars and the loss of central state control. Piracy has been with us since at least the 13th century BC, with every region of the world host to some pirates or other. The modern public imagination may have been steeped in quaint stories from decades of film and theme park pleasure, but these guys off the African coast are no fun

There are many villains to choose among in the history of piracy, but the Barbary Pirates were among the most notorious and storied.  Redbeard and like-minded North Africans were highly successful, commandeering ships in the Atlantic and even plundering European Coastal villages gathering captives to sell into slavery well into the late 18^th century.  Estimates of the total number of Europeans enslaved run as high as a million and half. Our own Marine Hymn celebrates the eventual American victory over the Barbary pirates, defeating them on "the shores of Tripoli."

History amply demonstrates the propensity of the most scurrilous of outlaws to head for the frontiers.  Those regions least populated and settled offer wide latitude to those with less than honorable intentions.  The 19^th century American Wild West and early Australia come to mind.  But the high seas combined with a failed state provides the perfect combination of remoteness and isolation to allow sea-going miscreants to perform hit-and-run operations.

All this ocean-going uncertainty combined with an ironic twist of terrorism, creates a great deal of hand-wringing, especially by the Saudis, since it's mostly their ox being gored. So far the only nation to actually send its navy out to attack pirates is India, flexing its muscle as an aspiring naval power, and doing the civilized world a favor. 

There is another solution, however.  The Treaty of Paris was signed in 1856 at the end of the Crimean War.  Therein the concept of the letter of marque was developed.  This process was designed specifically for but is not exclusive to, nautical use, and stops short of a declaration of war.  These warrants allow for the state's agent to search, seize, capture and destroy the vessels of an individual or nation in the course of regaining property or personnel considered to belong to the issuing nation.  In French, the term is lettre de course.  Thus the ships assigned these responsibilities were called Corsairs.

The English term is Privateer.  Not surprisingly the corsairs and privateers were not much better than pirates themselves.  In fact many of them played both sides of the street, including Captain William Kidd, Jean Bart and Henry Morgan.

Our own U.S. Constitution specifically assigns the power to issue letters of marque to the U.S. Congress, and the power was used extensively in the Revolutionary War. The woeful shortage of American vessels ready to do battle with the vaunted British navy created the need for additional maritime support.  Privateers competently albeit erratically filled the need for private vessels and stymied the British off Long Island Sound and the ports of Boston and Baltimore and many other ports along the Eastern seaboard.

The resolution of those vessels currently held for ransom will likely be a bit protracted and hopefully a bit messy as well.  Actuarial tables were unavailable on pirates, but one suspects that the life-expectancy of the average pirate is rather low, with insurance premiums probably similar to those available to Soviet journalists or O.J. Simpson's dates. 

Going forward however, the Saudis and other nations with tanker fleets should proceed to issue their own letters of marque.  Currently the tankers have small crews that are relatively unarmed.  Private security firms have been recommended to shipping companies by no less than United States Navy:

"The coalition does not have the resources to provide 24-hour protection for the vast number of merchant vessels in the region," Combined Maritime Forces commander, U.S. vice admiral Bill Gortney tells Reuters. "The shipping companies must take measures to defend their vessels and their crews."

Blackwater has already been offering its services to dissuade the piratical intentions of latter-day ocean-waymen, and these hired guns from Blackwater didn't gain many fans in Mookie Al-Sadr's brigades for good reason. Market-based solutions can work and save the taxpayers money in so many ways.

Letters of marque: it's back to the future.

Ralph Alter blogs at Right on Target.

[Sherman Logan]

One of the more idiotic ideas I’ve seen recently.

Letters of marque essentially legalized piracy against the State’s enemies. The privateer made a profit by plundering the merchant shipping of the enemy.

Last I heard, Somali pirates don’t have much in the way of a merchant shipping trade. The only prizes in the area are the same ships the Somalis are preying on.

A merchant vessel doesn’t need a letter of marque to defend itself against attack. Just some balls and a couple 50 caliber machine guns.

[allmendream]

Oh, the year was 1778, HOW I WISH I WAS IN SHERBROOKE NOW!
A letter of marque come from the king,
To the scummiest vessel I’d ever seen,
God damn them all!
I was told we’d cruise the seas for American gold
We’d fire no guns-shed no tears
Now I’m a broken man on a Halifax pier
The last of Barrett’s Privateers.
Oh, Elcid Barrett cried the town, HOW I WISH I WAS IN SHERBROOKE NOW!
For twenty brave men all fishermen who
Would make for him the Antelope’s crew
God damn them all!
I was told we’d cruise the seas for American gold
We’d fire no guns-shed no tears
Now I’m a broken man on a Halifax pier
The last of Barrett’s Privateers.
The Antelope sloop was a sickening sight,HOW I WISH I WAS IN SHERBROOKE NOW!
She’d a list to the port and and her sails in rags
And the cook in scuppers with the staggers and the jags
God damn them all!
I was told we’d cruise the seas for American gold
We’d fire no guns-shed no tears
Now I’m a broken man on a Halifax pier
The last of Barrett’s Privateers.
On the King’s birthday we put to sea, HOW I WISH I WAS IN SHERBROOKE NOW!
We were 91 days to Montego Bay
Pumping like madmen all the way
God damn them all!
I was told we’d cruise the seas for American gold
We’d fire no guns-shed no tears
Now I’m a broken man on a Halifax pier
The last of Barrett’s Privateers.
On the 96th day we sailed again, HOW I WISH I WAS IN SHERBROOKE NOW!
When a bloody great Yankee hove in sight
With our cracked four pounders we made to fight
God damn them all!
I was told we’d cruise the seas for American gold
We’d fire no guns-shed no tears
Now I’m a broken man on a Halifax pier
The last of Barrett’s Privateers.
The Yankee lay low down with gold, HOW I WISH I WAS IN SHERBROOKE NOW!
She was broad and fat and loose in the stays
But to catch her took the Antelope two whole days
God damn them all!
I was told we’d cruise the seas for American gold
We’d fire no guns-shed no tears
Now I’m a broken man on a Halifax pier
The last of Barrett’s Privateers.
Then at length we stood two cables away, HOW I WISH I WAS IN SHERBROOKE NOW!
Our cracked four pounders made an awful din
But with one fat ball the Yank stove us in
God damn them all!
I was told we’d cruise the seas for American gold
We’d fire no guns-shed no tears
Now I’m a broken man on a Halifax pier
The last of Barrett’s Privateers.
The Antelope shook and pitched on her side, HOW I WISH I WAS IN SHERBROOKE NOW!
Barrett was smashed like a bowl of eggs
And the Maintruck carried off both me legs
God damn them all!
I was told we’d cruise the seas for American gold
We’d fire no guns-shed no tears
Now I’m a broken man on a Halifax pier
The last of Barrett’s Privateers.
So here I lay in my 23rd year, HOW I WISH I WAS IN SHERBROOKE NOW!
It’s been 6 years since we sailed away
And I just made Halifax yesterday
God damn them all!
I was told we’d cruise the seas for American gold
We’d fire no guns-shed no tears
Now I’m a broken man on a Halifax pier
The last of Barrett’s Privateers

[Sherman Logan]

The Treaty of Paris was signed in 1856 at the end of the Crimean War. Therein the concept of the letter of marque was developed.

Letters of marque go back many centuries. The signatories to the Treaty of Paris agreed not to issue them anymore. It was the end of the practice, not its start.

Sheesh.

[Volunteer]

Pirate reminder for later...

[ScreamingFist]

ARRRRRRR!

I says we take a boat, then Rape Pillage and Rape!

Ooohs with me!

[reed13]

Letters of Marque did not originate with the Treaty of Paris in 1856. They were around for at least 100 years prior to that, if not 250. As evidence Article 8 of the U.S. Constitution grants the executive branch the power “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”

John Paul Jones initial work for the US was along these lines before the US Navy was ever established.

I’ve actually been thinking about the pirates and how these could be utilized, but imagine it would just be met with cries of “but think of the pirates, they’re only trying to make a living”.

[reed13]

Self Correction: Legislative branch not Executive - doh

[Joe 6-pack]

How To Talk Like A Pirate

[rockinqsranch]

So what is Blackwater offering? I’ve not come across anything about their schemes as of yet. Has anybody a link to an article that I’ve missed?

It would seem to me they could offer armed crews to sail with merchant vessels subscribing to their service, but the costs of operating a vessel, or several vessels for the purpose of monitoring shipping, capturing, and eliminating the Pirates would be prohibitive other than to a Nation State such as is India.

Individual shipping lines wouldn’t be able to afford such I would think, and the costs of chartering the merchant vessels would increase excessively as well the insurance once armed would rise even higher (I’m thinking so far no vessel losses if the ransom is paid, but I’d bet the Maritime Insurers’ would raise the cost of insurance should the vessel be armed to fight back and potentially lose it all in their view) causing the prices of the products transported to rise excessively as well. I see a Catch-22 sort of thing here.

In this day and age of Satellites and Drones perhaps that would be a less costly yet effective means to stop the piracy cold. I’m simply tossing an idea onto the table for discussion purposes.

[Jacquerie]

Letters of marque essentially legalized piracy against the State’s enemies.

Correct. That is the goal.

A merchant vessel doesn’t need a letter of marque to defend itself against attack.

No, but it cannot hurt if a turd world court decides to press charges of piracy against the merchant vessel for wasting harmless, hardworking, "fishermen."

[rahbert]

“To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”

Legal justification for Club Gitmo!

[JerseyHighlander]

Ron Paul, on September 19th, 2001, introduced the "H.R. 3076 - The September 11 Marque and Reprisal Act of 2001"

I opposed giving the president power to wage unlimited and unchecked aggression, However, I did vote to support the use of force in Afghanistan. I also authored H.R. 3076, the September 11 Marque and Reprisal Act of 2001. A letter of marque and reprisal is a constitutional tool specifically designed to give the president the authority to respond with appropriate force to those non-state actors who wage aggression against the United States while limiting his authority to only those responsible for the atrocities of that day. Such a limited authorization is consistent with the doctrine of just war and the practical aim of keeping Americans safe while minimizing the costs in blood and treasure of waging such an operation.

On September 17, 2001, I stated on the house floor that “…striking out at six or eight or even ten different countries could well expand this war of which we wanted no part. Without defining the enemy there is no way to know our precise goal or to know when the war is over. Inadvertently more casual acceptance of civilian deaths as part of this war I'm certain will prolong the agony and increase the chances of even more American casualties. We must guard against this if at all possible.” I’m sorry to say that history has proven this to be true. - Ron Paul,  July 21, 2007 http://www.covenantnews.com/ronpaul070721.htm

The letters of Marque and Reprisal were a square peg for a round hole regarding a response to 9/11, but it can work in this situation.

[zeugma]

The author needs to work ob both his history and logic...

=snip=

The Treaty of Paris was signed in 1856 at the end of the Crimean War.  Therein the concept of the letter of marque was developed. 

=end snip=

Strangely, the Constution mentions Letters of Marqee and Reprisal, predating Crimean War by more than 60 years.

=begin snip=

Our own U.S. Constitution specifically assigns the power to issue letters of marque to the U.S. Congress, and the power was used extensively in the Revolutionary War.

=end snip=

O.K., the author mentions the constitution, but then in the same sentence, implies that this constitutional authority was invoked in the Revolutionary War, which itself predates the Constitution.

That said, it's way past time that Letters of Marquee be issued for piracy off the African coasts. If there are political reasons our own Navy can't wipe this vermin off the planet, I'm sure there are others less scrupulous who would be willing to do so.

[PzLdr]

Bring back the WULF, SEEADLER, ATLANTIS, THOR, PINGUIN, and KORMORANT. That should do ot.

[gargoyle]

...Fifteen men on the Dead Mans chest-—Yo-ho-ho and a bottle of rum! Drink and the devil have done for the rest-— Yo-ho-ho and a bottle of rum! (Cap’n Billy Bones)...

[lentulusgracchus]

Letters of marque go back many centuries. The signatories to the Treaty of Paris agreed not to issue them anymore.

Was the United States a signatory?

[Sherman Logan]

I don’t think so, but I think we gave up the right in subsequent treaties.

[mewzilla]

From last year's legislative session....

H.R. 3216: Marque and Reprisal Act of 2007

[NicknamedBob]

"Letters of marque: it's back to the future."

But how you gonna get your corsair up to eighty-eight miles per hour?