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 is an official warrant or commission from a government authorizing the designated agent to search, seize, or destroy specified assets or personnel belonging to a foreign party which has committed some offense under the laws of nations against the assets or citizens of the issuing nation, and has usually been used to authorize private parties to raid and capture merchant shipping of an enemy nation.

The formal statement of the warrant is to authorize the agent to pass beyond the borders of the nation ("marque" or frontier), and there to search, seize, or destroy an enemy's vessel or fleet not necessarily a nation. It is considered a retaliatory measure short of a full declaration of war, and, by maintaining a rough proportionality, has been 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 needs to have a certain degree of specificity to ensure that the agent does not exceed one's authority and the intent of the issuing authority.

In the past, a ship operating under a letter of marque and reprisal was privately owned and was called a "private man-of-war" or "privateer." The French sometimes used the term lettre de course for its letters of marque, giving rise to the term corsair.

Letters of Marque were abolished in France by the 1856 Declaration of Paris, which was an annex to the 1856 Treaty of Paris, which ended the Crimean War. The United States did not to ratify the Declaration.

United Kingdom and France

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 subtle difference between piracy and privateering, both Henry Morgan and William Kidd were later brought up on charges of piracy by England.

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

Article 1 of the United States Constitution lists issuing letters of marque and reprisal in Section 8 as one of the enumerated powers of Congress, alongside the power to declare war. One question is whether the marque and reprisal clause requires the President to obtain such a letter from Congress as an authorization for limited offensive warlike operations outside the territory of the United States. The origins of this clause and the framers' intent fit well with modern notions of irregular warfare, supporting the view that the President's use of troops in foreign military operations, including covert paramilitary actions, is illegal absent Congress' authorization.^[1]

Some scholars, however, view this clause as contemplating action only by private contractors, and not as a limit on presidential power. For example, in 2002, Douglas Kmiec, then dean of the Columbus School of Law at the Catholic University of America, testified before the Senate Judiciary Committee that:

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 issued Letters of Marque and Reprisal during the Civil War.)

The issue of Marque and Reprisal was raised before Congress after the September 11, 2001 attacks^[3], and again on July 21, 2007 by congressman Ron Paul. The attacks were defined as acts of "air piracy," and the Marque and Reprisal Act of 2001 was introduced, which would have granted the president the authority to use Letters of Marque and Reprisal against the specific terrorists, instead of warring against a foreign state. The terrorists were compared to pirates in that they are difficult to fight by traditional military means.^[4]

In fiction

Science fiction writer Poul Anderson, in his book The Star Fox, depicts a future when Letters of marque are revived and space privateers fight across the light years.

In the science fiction book Marque and Reprisal by Elizabeth Moon the lead character Kylara Vatta is surprised to receive a Letter of Marque, and by the fact that her planet actually runs Privateers.

The Letter of Marque is a book about Jack Aubrey's exploits by Patrick O'Brian.

In the science fiction setting of Warhammer 40,000, the human Imperium employs so-called "Rogue Traders" to explore uncharted areas of space and pursue trade with human settlements outside the Imperium. The license to act as a Rogue Trader is referred to by many different names, one of which is the Letter of Marque.

Author James Huston, in his book Balance of Power, writes of a constitutional crisis as the United States Congress employs the centuries-old right — issuing a Letter of Marque — to force a United States Navy ship to act in its interest.

See also

• Privateer
• reprisal
• commerce raiding
• Alexander Godfrey
• Francis Drake
• external site [[1]]

References

Source: adapted by the editor from Wikipedia, the free encyclopedia under a copyleft GNU Free Documentation License (GFDL) from the article "Letter of marque"