Feral Jundi

Monday, July 25, 2011

History: The Privateers Of The Texas Revolution

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.

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Letter Of Marque: California Law Review–Structuring A Sustainable Letters Of Marque Regime, By Todd Emerson Hutchins

Excellent paper and I recommend checking out the whole thing with the provided link below. The section that I was particularly interested in is the International Law portion. I continue to hear arguments against the Letter of Marque, and no one really has a firm legal foundation for their argument. Or at least that’s what it seems to me. It is just assumed or the ‘opinio juris’ is that issuing Letters of Marque is a no go, and this paper clearly identifies the counter argument to this belief.

So that is why I posted this, and I hope that the legal counsels of countries that are looking for arguments for firing up their LoM or introducing legislation for such a thing, will have some resource to draw from. And what is really nice with legal papers like this, is they are heavily sourced and footnoted, just so they can back up their arguments. The footnotes alone are worth reading, just because they indicate how much the LoM has been talked about in legal circles. Lot’s of opinions, and this is a good collection of them.

In this particular section I posted below, the author identifies two reasons why states believe they are prohibited from privateering and issuing letters of marque, based on their interpretation of the Declaration of Paris and of International Law. One is opinio juris and the other is state practice that influences this interpretation.

State practice refers to “consistent conduct,” while opinio juris means States follow the rule out of “belief” that they are legally obligated to behave in a certain manner.

One of the reasons why I started the Letter of Marque category is to remind states of the practice of privateering, and to remind those who are establishing a legal basis for the act, that countries like the US have a history of consistent conduct when using privateers(it was used in multiple conflicts). And because the US is not a signatory of the Declaration of Paris, then that is interpreted as an ‘objection’ to banning the practice.  This is key if you are to prove a state’s ‘belief’, and the fact that the LoM still exists in the US’s most cherished legal document called the Constitution, then we can certainly deduct the US ‘opinio juris’.

The author made this legal argument very well. So if the US could care less about the Declaration of Paris, then why do these other countries continue to hang on to a ‘belief’ that they have to abide by this document? Especially as their navies continue to be downgraded by reduced budgets, or those navies get over extended with other commitments. And especially as piracy is attacking the very life blood of these countries or commerce. National interest should be focused on doing whatever it takes to stop this, and the LoM is just one tool to help with that endeavor.

Finally, I would like to also point out the fact that this was written by a ‘naval Surface Warfare Officer’ and  a ‘Judge Advocate student at the Naval Justice School in Newport, R.I’. That indicates to me a paper influenced by naval military history and thought, and the legalities behind implementing the LoM in modern times. It is also a paper that can show the way for how to implement the LoM to help in the war against today’s virus called piracy.  Very cool and check it out. –Matt

Structuring a Sustainable Letters of Marque Regime: How Commissioning Privateers Can Defeat the Somali Pirates
Lieutenant Todd Emerson Hutchins
June 9, 2011
(this is just one section of the paper)
THE PRESENT STATE OF LETTERS OF MARQUE IN INTERNATIONAL LAW AND AMERICAN JURISPRUDENCE
Many contemporary international law scholars contend that the Paris Declaration “by formal accession or tacit acceptance by all the powers [has become] an established part of the general body of [customary] international law.”273 Proponents of a broad prohibition on privateering allege that customary international law has formed since the Paris Declaration. “[I]nternational custom, as evidence of a general practice accepted as law” is recognized as a source of international law under Article 38 of the International Court of Justice Statute.274 It “consists of rules of law derived from the consistent conduct of States acting out of the belief that the law required them to act that way.”275 The two key elements are state practice and opinio juris.276  State practice refers to “consistent conduct,” while opinio juris means States follow the rule out of “belief” that they are legally obligated to behave in a certain manner.277 Admittedly, the distinction is frustrating “because it is difficult to determine what states believe as opposed to what they say.”278

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Sunday, July 24, 2011

Publications: Contractor Support Of USCENTCOM AOR, 3rd Quarter FY 2011

Filed under: Afghanistan,Iraq,Publications — Tags: , , , — Matt @ 12:40 AM

Contractor Support Of USCENTCOM AOR, 3rd Quarter FY 2011

Friday, July 22, 2011

Cool Stuff: Norwegian Soldier’s War Cry–Til Valhall!!!

Filed under: Afghanistan,Cool Stuff,Norway,Video — Tags: , , , , , — Matt @ 11:05 PM

This is pretty cool and I had to post this after finding it over at the FJ Facebook page. Til Valhall is Norwegian for ‘To Valhalla’. Valhalla in Norse mythology was the ultimate viking paradise for a warrior to go to if they died in battle. This is a short video of a Norwegian military unit in Afghanistan and that is all I know about it. –Matt

 

Law Enforcement: Mexico And The US Just Took A Big Bite Out Of Cartel Meth Operations

This is fantastic news! Both La Familia and the Los Zetas just took it in the shorts with these latest operations. From a historic seizure of ‘meth precursors’ in Mexico, to 1,985 arrests of meth dealers in the US. Awesome news and good job to all involved. What is really cool, is that all of those arrests will lead to more information that could be fed into these fusion centers that have been created to take on the cartels. I love it.

But this also is interesting in that this is a major attack on the center of gravity of these cartels. These groups are all about business, and anything that disrupts that business will make them very mad. Now will that translate that into attacks on US or Mexican authorities? Already, we see the cartels targeting Mexican authorities, so to see the jump to targeting US authorities operating in Mexico or even in the US, would not be out of the question.

The other reason I mention this, is that this is more a war and not some police action. True, we use police to pry the bad seeds from society, but we are also dealing with a class of criminal that actually wages war. In Mexico, this combatant has no problems with ambushing the police or assassinating politicians. Or paying them. Anything to keep the business going. Hell, towns like Jaurez are more dangerous than any town in Iraq or Afghanistan, and that’s because the cartels are waging war for market share and territory.

The point is, is that we have attacked cartel business in a major way. Now what will they do in retaliation is the question? Did I mention that the State Department issued a warning early this month that stemmed from ‘recent successes against drug cartel figures‘? I also think that this is a war worth fighting, and I will cheer on any and all efforts that destroy these vile criminal organizations. –Matt

Mexican army seizes 840 tons of drug precursors
July 21, 2011
Mexico City –  Troops found more than 839 tons of drug precursor chemicals at a warehouse in the central city of Queretaro, the largest such seizure in Mexican history, the Defense Secretariat said.
The chemicals, used to make synthetic drugs such as crystal meth, were discovered Monday at a warehouse in the city’s industrial zone, the secretariat said in a statement.
No arrests were reported in connection with the seizure.
This week’s confiscation tops the previous record of 200 tons of precursors seized almost a year ago in the Pacific port of Manzanillo.
Mexico, which produces most of the crystal meth consumed in the United States, has imposed tight restrictions on the import of chemicals used to make illegal synthetic drugs.
Story here.

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Project Delirium Results in Nearly 2,000 Arrests During 20-Month Operation, Seizures of More Than 12 Tons of Drugs and $62 Million in U.S. Currency
U.S. Department of Justice July 21, 2011
•    Office of Public Affairs (202) 514-2007/TDD (202)514-1888
WASHINGTON—Approximately 1,985 individuals have been arrested on narcotics-related charges as part of a 20-month multi-agency law enforcement investigation known as Project Delirium, which targeted the La Familia Michoacana drug cartel, the Department of Justice announced today.
As part of an ongoing takedown that began June 1, 2011, 221 individuals have been arrested across the United States as part of Project Delirium, including more than 70 individuals apprehended yesterday and today. In addition, $770,499 in U.S. currency, 635 pounds of methamphetamine, 118 kilograms of cocaine, and 24 pounds of heroin were seized by law enforcement agents since June 1, 2011.

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