11-20-2008, 11:54 AM
Letters of Marque and Reprisal, Legal Basis
One alternative to direct U.S. military action against terrorists who have attacked the U.S. and other countries, and are threatening further attacks, is to enact Letters of Marque and Reprisal. Article I, Section 8, paragraph 11 of the U.S. Constitution authorizes Congress to "grant Letters of Marque and Reprisal, and make rules concerning captures on land and water."
A "reprisal" means an action taken in return for some injury. A reprisal could be a seizing of property or guilty persons in retaliation for an attack and injury. It could include forced used against the perpetrators for the redress of grievances. A reprisal could even involve killing a terrorist who is threatening further harm and cannot be captured. These letters have been in use since the early 1600s but have not been used since 1856 Treaty of Paris.
"Marque" is related to "marching" and means crossing or marching across a border in order to do a reprisal. So a Letter of Marque and Reprisal would authorize a private person, not in the U.S. armed forces, to conduct reprisal operations outside the borders of the U.S.A. Traditionally these instruments have been issued to ship owners for actions on the high seas or specified waters.
Such Letters are grantable not just by the U.S. Constitution, but also by international law, which is why they were able to be included in the Constitution. The Letters are grantable whenever the citizens or subjects of one country are injured by those in another country and justice is denied by the government of that country. The Lybian aircraft bombing over Lockerbie Scotland is a classic case in point. Many recent incidents happening is the Middle East and the rise of Semolinain Piracy are other recent situations that justify the use of these letters.
In October 2001, Ron Paul, U.S. representative from Texas, introduced bills H.R. 3074, Air Piracy Reprisal and Capture Act of 2001, and H.R. 3076, September 11 Marque and Reprisal Act of 2001, to authorize the U.S. State Department to issue such Letters. Private U.S. citizens would then be able to hunt down, attack and collect assets from terrorists who have or are planning to commit hostile acts against the U.S. and its citizens.
The Founders of the U.S. Constitution included Marque and Reprisal in addition to authorizing Congress to declare war, so that in some cases, the U.S. government would not have to engage the military and have a costly war. The risk would then be concentrated on those who chose to engage in the reprisal. This empowers private citizens to protect themselves and other Americans.
The Letters combined with high rewards for the capture of terrorists would create an incentive for Americans to conduct these operations. It would supplement U.S. government activity such as seeking out and eliminating the financial networks that terrorists use.
Since these are authorized by the U.S. Constitution, introduced in a bill in Congress, and provide a possible alternative or supplement to U.S. military action, there should be more discussion and then action taken on this possibility. The terrorist threat seems be a good example of the attacks that the Founders of the U.S. Constitution thought would be remedied by such Letters.
The reestablishment of Privateers could bolster the US Coast Guard in its mission to defend the ports and inland/coastal areas of the United States as well as the international waters adjoining our coasts.
Fred Foldvary, Senior Editor, The Progress Report
and Craig J Gleason, Secretary BYYB
Used and edited without permission.
One alternative to direct U.S. military action against terrorists who have attacked the U.S. and other countries, and are threatening further attacks, is to enact Letters of Marque and Reprisal. Article I, Section 8, paragraph 11 of the U.S. Constitution authorizes Congress to "grant Letters of Marque and Reprisal, and make rules concerning captures on land and water."
A "reprisal" means an action taken in return for some injury. A reprisal could be a seizing of property or guilty persons in retaliation for an attack and injury. It could include forced used against the perpetrators for the redress of grievances. A reprisal could even involve killing a terrorist who is threatening further harm and cannot be captured. These letters have been in use since the early 1600s but have not been used since 1856 Treaty of Paris.
"Marque" is related to "marching" and means crossing or marching across a border in order to do a reprisal. So a Letter of Marque and Reprisal would authorize a private person, not in the U.S. armed forces, to conduct reprisal operations outside the borders of the U.S.A. Traditionally these instruments have been issued to ship owners for actions on the high seas or specified waters.
Such Letters are grantable not just by the U.S. Constitution, but also by international law, which is why they were able to be included in the Constitution. The Letters are grantable whenever the citizens or subjects of one country are injured by those in another country and justice is denied by the government of that country. The Lybian aircraft bombing over Lockerbie Scotland is a classic case in point. Many recent incidents happening is the Middle East and the rise of Semolinain Piracy are other recent situations that justify the use of these letters.
In October 2001, Ron Paul, U.S. representative from Texas, introduced bills H.R. 3074, Air Piracy Reprisal and Capture Act of 2001, and H.R. 3076, September 11 Marque and Reprisal Act of 2001, to authorize the U.S. State Department to issue such Letters. Private U.S. citizens would then be able to hunt down, attack and collect assets from terrorists who have or are planning to commit hostile acts against the U.S. and its citizens.
The Founders of the U.S. Constitution included Marque and Reprisal in addition to authorizing Congress to declare war, so that in some cases, the U.S. government would not have to engage the military and have a costly war. The risk would then be concentrated on those who chose to engage in the reprisal. This empowers private citizens to protect themselves and other Americans.
The Letters combined with high rewards for the capture of terrorists would create an incentive for Americans to conduct these operations. It would supplement U.S. government activity such as seeking out and eliminating the financial networks that terrorists use.
Since these are authorized by the U.S. Constitution, introduced in a bill in Congress, and provide a possible alternative or supplement to U.S. military action, there should be more discussion and then action taken on this possibility. The terrorist threat seems be a good example of the attacks that the Founders of the U.S. Constitution thought would be remedied by such Letters.
The reestablishment of Privateers could bolster the US Coast Guard in its mission to defend the ports and inland/coastal areas of the United States as well as the international waters adjoining our coasts.
Fred Foldvary, Senior Editor, The Progress Report
and Craig J Gleason, Secretary BYYB
Used and edited without permission.