17. Privateers vs Pirates

Historically almost every country in the world with a coast has offered private citizens and their ships, a Letter of Marque, granting Privateer status.  A Letter of Marque is documented government permission to attack and capture foreign enemy vessels and take them as “Prizes”.  

A Letter of Marque would give the Privateer permission or a commission to cross an international border to capture enemy ships. Captured ships were subject to punishment and sale under Prize Law.  Most countries established a Prize Court. In the United States, sales of enemy ships and their cargo were sold at public auction, with the proceeds divided between sponsors, shipowners, captains and crew. 

During the War of 1812 President Madison personally signed each Letter of Marque. Anyone seeking a commission applied to the Secretary of State. 

The official Letter of Marque was extremely important. If a ship was captured on the high seas by an enemy ship, and could produce an official Letter of Marque, it would be treated as a combatant vessel and the crew, treated as prisoners of war.  Without the Letter of Marque, the crew could be treated as ordinary pirates and hanged.

The legal basis for Privateers is included in the United States Constitution, in Article 1, Section 8.  Included in a lengthy list of Congressional powers is: "To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."  

At the end of the 19th century, with the rise of the American Navy, the United States recognized the necessity of finally abolishing the act.  But not entirely.  The Letter of Marque language remains in the Constitution and was debated in congress during WWII and preceding the September 11th attacks.

At this stop please notice the replica Letter of Marque granted by President James Madison, to the ship Reaper. The Reaper was a Privateer Schooner that Captain Ephraim Sturdivant commanded during the War of 1812.  The Log Book for the Reaper can be found at the Navigation stop in this Museum, as well as the  Log Book for the ship Homer.  Homer, was an American merchant ship captured on September 1, 1812, by the British Privateer Rakes Delight, and taken as a Prize into the British Colony of New Providence (now Nassau, Bahamas).