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”.
Self Correction: Legislative branch not Executive - doh
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Legal justification for Club Gitmo!