Feral Jundi

Monday, December 14, 2009

Strategy: The Five Elements of the Letter of Marque and Reprisal

Filed under: Legal News,Strategy — Tags: , , , , — Matt @ 8:03 AM

   This is unique.  This is the first website that I have found, that actually listed various LoMs from all over the world and from different time periods, and has reduced the LoM to these five basic elements.  So if anyone is interested, follow the link below, and you can check out what the various countries set up. It lists France, Holland, Britain, America, and Spain as just a few.

   Now if I could get a hold of the LoM that we issued to the Airship Resolute during World War Two, then that would be really cool. I imagine it is in some congressional archives deal, and maybe that will be a future post.

   The Resolute was a Goodyear ship as well, and did advertisements after the war.  If there are any documentarians out there, this would be a very unique subject to work on and present.  There is nothing out there that talks about it, to include any serious wikipedia stuff, and I think it would be a fascinating subject if tied into a modern day usage of the LoM. –Matt

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The Five Elements of the Letter of Marque and Reprisal

Letters of marque and reprisal are commissions or warrants issued to someone to commit what would otherwise be acts of piracy. They will normally contain the following first three elements, unless they imply or refer to a declaration of war to define the enemies, and may optionally contain the remainder:

1. Names person, authorizes him to pass beyond borders with forces under his command.

2. Specifies nationality of targets for action.

3. Authorizes seizure or destruction of assets or personnel of target nationality.

4. Describes offense for which commission is issued as reprisal.

5. Restriction on time, manner, place, or amount of reprisal.

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American Letter of Marque, 1812

The Letter below is an example of an American letter of marque of an actual privateering commission issued by the government of the United States to the schooner Patapsco during the War of 1812.

JAMES MADISON, President of the United States of America.

TO ALL WHO SHALL THESE PRESENTS, GREETING:BE IT KNOWN, That in pursuance of an Act of Congress passed on the eighteenth day of June one thousand eight hundred and twelve, I have commissioned, and by these presents do commission, the private armed Schooner called the Patapsco of the burthen of 159 tons, or thereabouts, owned by Andrew Clopper, Levi Hollingsworth, Amos A. Williams and Henry Fulford of the City of Baltimore mounting 6 carriage guns, and navigated by 40 men, hereby authorizing James M. Mortimer Captain,

 and William Ross Lieutenant of the said schooner Patapsco and the other officers and crew thereof to subdue, seize and take any armed or unarmed British vessel, public or private, which shall be found within the jurisdictional limits of the United States or elsewhere on the high seas, or within the waters of the British dominions, and such captured vessel, with her apparel, guns and appurtenances, and the goods and effects which shall be found on board the same, together with the British persons and others who shall be acting on board, to bring within some port of the United States; and also to retake any vessel, goods and effects of the people of the United States, which may have been captured by any British armed vessel, in order that proceedings may be had concerning such capture or recapture in due form of law, and as to right and justice shall appertain. The said James M. Mortimer is further authorized to detain, seize and take all vessels and effects, to whomsoever belonging, which shall be liable thereto according to the Law of Nations and the rights of the United States as a power at war, and to bring the same within some port of the United States in order that due proceedings may be had thereon. This commission to continue in force during the pleasure of the President of the United States for the time being.

Given under my hand and seal of the United States of America, at the city of Washington, the 17 day of September in the year of our Lord, one thousand eight hundred and 12 and of the Independence of the said states the Thirty seven.By the President James Madison[signature]James Monroe Secretary of State[signature]

Go here to see the various Letters of Marque used around the world.

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