Letters of Marque and Reprisal

The Progress Report ^ | 2002 | Fred E. Foldvary

[Voice in your head]

Many people disapprove of the U.S. war against terror, or of how it is being conducted. But what is the alternative, other than changes in U.S. foreign policy?

One alternative to 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.

"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.

Such Letters are grantable not just by the U.S. Constitution, but also by international law, which is why it was 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, as happened with the attack by persons who were in Afghanistan.

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. (See Ron Paul's Press Release.)

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.

There has been little discussion in the mass media about Letters of Marque and Reprisal. 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 to me to be a good example of the attacks that the Founders of the U.S. Constitution thought would be remedied by such Letters.

It's good that at least one member of the U.S. House of Representatives is familiar with the U.S. Constitution and has taken action to implement this dormant power against attacks on the U.S. Why have other members of Congress not joined Paul to pass his bill on Letters of Marque and Reprisal?

-- Fred Foldvary

--------------------------------------------------------------------------------

Copyright 2002 by Fred E. Foldvary. All rights reserved. No part of this material may be reproduced or transmitted in any form or by any means, electronic or mechanical, which includes but is not limited to facsimile transmission, photocopying, recording, rekeying, or using any information storage or retrieval system, without giving full credit to Fred Foldvary and The Progress Report.

[Cultural Jihad]

Thanks for the chuckle, as if dismantling the U.S. armed forces efforts in favor of an ad in "World Wrestling & Mercenary Magazine" is anything other than a ... crazed voice in your head.

[Gunslingr3]

Such Letters are grantable not just by the U.S. Constitution, but also by international law, which is why it was able to be included in the Constitution.

From our clever, progressive, friends. I'm glad to learn that international law permits the Constitution of the United States to make stipulations for American law.

[NYFriend]

"One alternative to 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.""

I'll take one of each

[Cultural Jihad]

Good catch.

[Capitalist Eric]

COOL!

So, if I work against the terrorist organizations- kill them, take their money and assets... Do I get to keep the financial rewards of such actions? Or do I have to give Uncle Sam a cut of the action (i.e, "income" tax)?

And how can I get one of each???

8^D

[Capitalist Eric]

For your amusement.

[blanknoone]

I actually think there is something to this. Some efforts could certainly be pathetic jokes, but others could be highly effective and serious. In essence, it is capitalism applied to force against our enemies. And it is not instead of the military and intelligence efforts, it is in addition to it.

Look at it from the pursuit of criminal perspective...some bounty hunters are jokes, but others really do get their man...and get him when law enforcement doesn't.

[John Beresford Tipton]

This half baked idea was discussed on http://www.freerepublic.com/focus/f-news/1026683/posts.
We are signatory to treaties agreeing with almost every other nation not to issue them.

[Voice in your head]

I clicked on the link that you provided and I got this message: "The requested document does not exist on this server."

[John Beresford Tipton]

Try this:


http://www.freerepublic.com/focus/f-news/1035395/posts

[John Beresford Tipton]

I made a[nother] mistake try this:
http://www.freerepublic.com/focus/f-news/1026683/posts
I just checked and it is still there. the title is:
"The Ransom On Charles Taylor (the audacity of the US Congress and President Bush)"

[William Tell]

Gunslingr3 said: "From our clever, progressive, friends. I'm glad to learn that international law permits the Constitution of the United States to make stipulations for American law."

I think that what was meant by the comment was that "international law", such as it existed at the time of the founding of the US, recognized the concept of marque and reprisal. Because it was an existing concept, our Founders thought to include it.

What it is particularly interesting is that letters of marque and reprisal are absolutely worthless without the protections of the Second Amendment. Without arms, there is little reason to march or plan reprisals.

[optimistically_conservative]

The Hague Convention of 1907 refined the prohibition of privateering and set rules for taking prizes by warships. The United States now outlaws privateering through federal statute and, like most governments, has abolished prize money. (http://college.hmco.com/history/readerscomp/mil/html/ml_040900_piracyprivat.htm)

A Hague Convention of 1907 now places limitations on the employment of force for the recovery of contract debts, and forbids recourse to armed force unless the debtor state refuses or neglects to reply to an offer of arbitration, or after accepting the offer prevents any compromise from being agreed on, or after arbitration fails to submit to the award(art. i). (http://62.1911encyclopedia.org/R/RE/REPRISALS.htm)

Laws and Customs of War on Land (Hague IV); October 18, 1907
(http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm)

[GladesGuru]

A few thought on the issuance of Letters of Marque and Reprisal:
1. The idea of such instruments is as valid now as it was then. Consider what could be done by the locals in the Candelaria,Texas incident if such had been issued to willng applicants..
2. Mr. Tipton, have you considered that we have opted out of other treaties in the past, and will certainly so do again? In any case, perhaps a moment remembering "England has no friends. England may have allies, but England has no friends" may help you understand why survival is the primary requirement of any civilization. Allowing the free market to provide competition for the military could only improve both military and holders of the Letter of Marquee.
3. Blanknoone raised the issue of efficacy of such units. Given that such operators carry out their business (and it is a business) at the risk of their life and property, enlightened self interest assures us that only the serious will apply.
4. How many could be sold in Miami alone? And if the Cuban Resistance could buy weapons legally, instead of having to resort to the black market, the Brothers To The Rrescue pilot would likely still be alive.

Come to think of it, if Letters of Marque & Reprisal were issued, the need for such flights would have ceased to exist long ago.

[PoorMuttly]

Muttly want.

[bvw]

The Hague 1907 "refined" the laws of of privateering, but is not, as I read it, a signatory to any treaty that outlaws privateering.

[Capitalist Eric]

We are signatory to treaties agreeing with almost every other nation not to issue them.

Does this mean we are bound, even if such an agreement may become a suicide pact? Not to start a flame-fest, but a serious question.

[MindBender26]

Personally, I would be offering large rewards for Al-Quida leadership, Iraqi (former) leadership and assorted other MFs.

Then advertise them heavily in the popular vein. :30 radio spot on some radio station porgies in US listen to:

"Hey everybody, listen up, because what you know could make you a very rich young man! If you know where a terrorist or terrorist sympathizer is hiding, that knowledge could get you the car of your dreams, your own private jet, even a guaranteed huge income for life!

Forget about waiting until you die to get those 72 virgins, call now with your hot tip and the girls will be chasing you all day.... and all night.

Thats right, one hot tip about a terrorist... and you're the hottest guy in town.... and the hot girl's will be all over you.

Remember, the reward only goes to the first call, and others probably know about the terrorist too, so call now, and claim your million dollar reward.

Call "1-800 Fry Al-Quida" now, turn in your tip and collect the cash.

Remember, that's 1-800 Fry Al-Quida. Call now.... and you're on easy street forever!!!!!"

[bvw]

Corrected:

The Hague 1907 "refined" the laws of of privateering. But the US is not, as I read it, a signatory to any treaty that outlaws privateering.The Brits are signatory to a 1856 Agreement in Paris that does outlaw privateering, but the US was not.