Feral Jundi

This is some cool history that yet again, you just don’t hear about. I had no idea about this history, and after reading about it, I tried to collect as much as I could that talked about this little known subject. Just to set this up, here is an excerpt from wikipedia about what led up to this revolution or war of independence between Texas settlers and Mexico:

The Texas Revolution or Texas War of Independence was a military conflict between Mexico and settlers in the Texas portion of the Mexican state Coahuila y Tejas. The war lasted from October 2, 1835 to April 21, 1836. However, a war at sea between Mexico and Texas would continue into the 1840s. Animosity between the Mexican government and the American settlers in Texas, as well as many Texas residents of Mexican ancestry, began with the Siete Leyes of 1835, when Mexican President and General Antonio López de Santa Anna abolished the federal Constitution of 1824 and proclaimed the more centralizing 1835 constitution in its place.
The new laws were unpopular throughout Mexico, leading to violence in several states. War began in Texas on October 2, 1835, with the Battle of Gonzales. Early Texian Army successes at La Bahia and San Antonio were soon met with crushing defeat at the same locations a few months later. The war ended at the Battle of San Jacinto where General Sam Houston led the Texian Army to victory over a portion of the Mexican Army under Santa Anna, who was captured shortly after the battle. The conclusion of the war resulted in the creation of the Republic of Texas in 1836.

So I guess the thing that I wanted talk about with this particular piece of history, is the fact that privateering was the first act of the provisional government of Texas. They did not have a navy, so privateers was a quick and easy want to fire up a navy and put some money into the treasury by means of a prize court.  Unfortunately at that time, Mexican commerce in the Gulf of Mexico was not that great, and thus a privateer industry or offense industry did not have the necessary elements to flourish.

It is also important to note that if Texas was not part of the US at the time, then this would be an example of another ‘country’ using the LoM.  I could be wrong there, but I just do not know how to legally classify Texas at that time period?  But either way, this is an example of a fledgling and resource strapped government, firing up the Letter of Marque as just one tool in their fight.

On a side note, the provisional government also handed out land to any soldiers who would fight for Texas Independence.  This is an interesting concept, and I wonder if Somalia could do something similar?  Hell, the TFG could fire up the LoM as well, and grant these licenses to foreign or local privateers to go after pirates on water and land.  Meaning, if a company could seize by force the wealth of the pirate investors or pirates themselves, then that company would split that prize with the TFG.  That puts money into the treasury of the TFG, it provides financial incentive to the privateer companies,  and it creates an offense industry that profits from piracy’s destruction. To really fire it up, they could offer pirates amnesty if they become privateers for the government. Call it the Woodes Rogers solution. lol.

Either way, check it out and let me know what you think.  I think that flag below would be a cool morale patch for today’s maritime security bunch too.  And I know that Texas is not ‘legally’ authorized to grant LoM’s at this present time, but imagine if they were? That they created an offense industry to deal with the asset rich cartels that operate along the borders? Now that would be something else. –Matt 

The flag that Texas Privateers were required to fly on their vessels.

Texas Privateers

(From the Texas State Library and Archives Commission)
Revolution broke out in earnest in Texas in October 1835 with the seizure of the Mexican cannon at Gonzales and the beginning of the Siege of Bexar. As these events unfolded, the Consultation, the first revolutionary assembly of Texas, came together in San Felipe on November 3, 1835. One of its first acts was to consider the protection of the Texas coast. It was impossible to create a Navy overnight, so the Texans adopted the time-honored practice of issuing letters of marque and reprisal to privateers. These privately owned war ships would protect the coast, harass Mexican shipping, and bring in prizes that could be auctioned off, with part of the proceeds going into the public treasury.
Texas issued a total of six letters of marque to privateers, including the San Felipe, the William Robbins, the Terrible, the Thomas Toby, the Flash, and the Ocean. Flying the “1824” Texas Revolutionary flag, these ships not only patrolled the Gulf, but also pursued Mexican shipping on the high seas. The Thomas Toby was the outstanding privateer of the group, capturing several Mexican vessels and bringing them back to be adjudicated and their contents sold. Overall, though, the privateering effort was disappointing for Texas. Mexican shipping was not considered rich trade, so relatively few privateers were willing to take the risk.

Privateers were privately owned war ships commissioned by a belligerent nation to carry on naval warfare. The ships were given permission to prey upon the enemy, with any booty captured to be divided among the government, the ship owner, and the crew. The commissions were called letters of marque and reprisal. Because their activities were committed under the rule of law, privateers were sometimes called “gentleman pirates.”
Letters of marque and reprisal have been issued since the thirteenth century. The word “marque” comes from the French word for border, giving the holder permission to cross the border; “reprisal” is used in the original sense of “taking prizes.” The purpose of the letters was to augment a nation’s navy, creating a force which could pillage the enemy at no cost to public funds. The privateers had to bring their prizes to an Admiralty Court so that the booty could be legally divided, and there were heavy penalties for attacking the property of a neutral state. Often, privateers were also authorized to take hostages, who would be ransomed back to the enemy or held for leverage in a prisoner exchange.
When the American Revolution began, the rebelling colonies could lay claim to only 31 ships. The Continental Congress commissioned more than 1600 privateers, which captured more than 2000 enemy vessels and 16,000 enemy combatants. The privateers suffered heavy losses themselves, and at least 11,000 of them perished due to maltreatment as British prisoners of war.
The power to grant letters of marque was given to the federal government in the Constitution of the United States in Article 1, Section 8. Such letters were issued regularly in the early years of the United States, particularly during the War of 1812. Privateering was ended by international law in 1856 with the signing of the Declaration of Paris treaty by the major naval powers. The United States, not yet a power, declined to be party to the treaty but observed the end of privateering in practice. During the Civil War, the Confederacy issued 99 letters of marque (the most famous Southern privateer being the fictional Rhett Butler of Gone with the Wind).
Since Article 1, Section 8 of the Constitution still stands, some have suggested that the concept of the letter of marque and reprisal could be revived as a weapon against terrorists. Since September 11, 2001, several bills have been introduced in Congress that would allow the State Department to issue letters of marque and reprisal to private individuals to hunt down, attack, and seize assets from terrorists, but none have made it out of committee.
Link to source here.
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ONE OF THE FEW IMPRINTS RELATING TO MARITIME ACTIVITIES OF REVOLUTIONARY TEXAS
328. TEXAS (Provisional Government). GOVERNOR (Henry Smith). [Printed document, completed in manuscript, signed, commencing]: An Ordinance & Decree, Supplementary to an Ordinance and Decree, entitled, “An Ordinance and Decree Granting Letters of Marque and Reprisal….” Dated November 25th, 1835. San Felipe de Austin: Printed by Baker & Bordens, November 30th, 1835. Small folio broadside printed in two columns. Signed by Governor Henry Smith, James W. Robinson (as lieutenant-governor and ex-officio president of the General Council), E. M. Pease (as secretary of the General Council), and Charles B. Stewart (as secretary to the executive). Slight wear and a few minor splits and one small chip to blank margins, some foxing. Old red wax seals at top. Exceedingly rare. One of the earliest Baker & Borden imprints.?        First printing of one of the few imprints relating to maritime activities of revolutionary Texas. Streeter 100. This ordinance and decree supplements the original ordinance of November 25 relating to letters of marque and reprisal, whereby private citizens in Texas were authorized to seize Mexican vessels. According to Dienst (The Navy of the Republic of Texas, pp. 14-18) the duly authorized privateer would be allowed to retain ninety percent of the seizure. Two ordinances were passed in November 1835, one establishing a Texas Navy, the other authorizing letters of marque. As the provisional government had no funds to raise an army or navy, privateers were the obvious course chosen to disrupt Mexican shipping. Streeter enters the original (99) and this amended ordinance (100) for granting letters of marque, stating that three blank commissions each were to be issued to Thomas F. McKinney and Silas Dinsmore and not more than six blank commissions to Samuel Whiting. The privateers were to fly the flag of the Republic of Mexico with the addition of the date “1824” on the white ground to signify support of the Mexican federalist constitution.?($3,000-6,000)
Link here.
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ANGLO-TEXAN LEGISLATION, LIST OF THE GENERAL ORDINANCES AND DECREES OF THE PROVISIONAL GOVERNMENT OF TEXAS 1835-1839

“An ordinance and decree for granting Letters of Marque and Reprisal.”
Link here.
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The next reference to an 1824 Flag can be found in the proceedings of the General Council of the Provisional Government of Texas. I believe that from the Dimmit design, evolved the design that was adopted by this General Council for the banner which was to be flown by ships bearing “Letters of Marque and Reprisal”. These were privately owned and operated ships that were granted permission by the government to attack and seize enemy ships and cargo. In return for this license the government received a percentage of the value of the seized property. On November 29, 1835 the General Council passed an ordinance which reads in part:
•    “…Sec. 2. Be it further ordained and decreed, &c., That all vessels sailing under Licenses, as Letters of Marque and Reprisal, which have been, or may be hereafter granted by the Governor and Council, or by the Governor, as provided in this supplementary Ordinance, or under any register or license of this Government, shall carry the flag of the Republic of the United States of Mexico, and shall have the figures 1, 8, 2, 4, cyphered in large Arabics on the white ground thereof….Passed at San Felipe de Austin, Nov. 29, 1835.”
According to this description, there are several designs possible for the privateer flag . The description does not specifically eliminate the eagle motif from the Mexican flag and according to the description, the numerals could have been placed above or below the eagle or could have replaced the eagle altogether. It is very clear that early in the Revolution there were several possible designs for an ensign that signified the desire to restore the Mexican Constitution of 1824, however no original examples of these banners exist today.

Link here.

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Provisional government of the Texas Revolution
In November 1835 at San Felipe de Austin, the Consultation (Texas) scheduled for the month before finally got underway after enough delegates from the colonies arrived to signify a quorum. After bitter debate, they finally created a provisional government that was not to be separate from Mexico but only to oppose the Centralists. They elected Henry Smith as governor, and Sam Houston was appointed commander-in-chief of the regular Army of Texas. There was no regular army yet; Austin’s army was all volunteers, so Houston would have to build one. Members of the regular army would be paid in land. The provisional government commissioned privateers and established a postal system. A merchant was sent to the U.S. to borrow $100,000. They ordered hundreds of copies of various military textbooks. They gave Austin the option to step down as commander of the Texian Army in Béxar and go to the U.S. as a commissioner. On November 24, 1835, Austin stepped down as general. Elections were held, and Colonel Edward Burleson became Austin’s successor.
From wikipedia here.