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History
Privateer is the term applied to a privately owned armed vessel whose owner is commissioned by a hostile nation to carry on naval warfare. Such naval commissions or authorizations are called "Letters of Marque". Privateering is distinguished from piracy, which is carried out without enlistment by a government. The government normally granted this power during wartime against enemy ships, but some governments also condoned this type of pseudo-legitimate piracy at other times. Crew members on these ships were also called "privateers". The purpose of a privateer was to disrupt the commerce of the enemy, and make money for the captain, the crew, and investors (usually the government). Sometimes privateers were required to fly the Union Jack or the flag of the commissioning country in a corner of their flag.
Of course, often the privateers were out to gain in booty and plunder sailing their privately owned vessel, attacking whoever they wished, not always sticking to the merchant boats of the nation they were supposed to. However, after Queen Anne's War (1702-1713), the privateer force that had been built up was out of business and had nothing to do. Poverty drove the privateers to crime, and experience drove them to piracy. After the start of the American Revolution and the War of 1812, the privateers gained income from contracts to supply British troops with food taken from tidewater rebel plantations and ships owned by rebel merchants.
In 1856 privateering was officially abolished by the Declaration of Paris. However, Spain, the United States, Mexico and Venezuela did not support the declaration.
The Letter of Marque
Letters of Marque were an authority formerly given to private persons to fit out an armed ship and use it to attack, capture, and plunder of enemy merchant ships in time of war.
The original function of the Letters of Marque (or Letters of Reprisal) was to right a private wrong. For example, when a Dutch merchant has his goods stolen in Germany, and he cannot gain satisfaction for his loss through legal or diplomatic means, he can be granted a Letter of Marque by the Dutch government. Such a letter allows him to "capture" a German merchant to compensate him for his loss. Since the early 18th century it was no longer in use as a means to right a private wrong. The function of the Letter of Marque had changed. These letters were now used by governments, as an instrument of State, to augment the National Navy. This gave the state a naval force which could attack the commerce of the enemy at no cost to public funds. The ships captured had to be brought before an Admiralty Court and tried to ensure they were a legal prize, and not the property of a neutral state.
The privateers acted on a commission recognized under the Law of Nations. One of the principle clauses of a Letter of Marque is that of specifically naming the country whose vessels can be legally captured. There were heavy penalties if the property of other nations was violated.
Letters of Marque did not completely safeguard a privateer from prosecution even when ships of certain countries were excluded from attacks. When a privateer is captured by hostile nations he is often charged with being a pirate and swiftly executed. Also when countries make peace between them and a privateer fails to get the news about this in time he can be prosecuted if he continues to attack ships of the now friendly nation. Sometimes a privateer is such a long time away from home or the colonies that he only hears the news of a peace treaty when he returns home from his privateering enterprise.
The use of Letters of Marque was discontinued by many countries who signed the Declaration of Paris in 1856. The United States as well as several other countries signed the International Treaty much later. The US was at that time much more dependent on their use to increase their Maritime power because they lacked a Large Navy.
Example
Letter of Marque Against Scotland and France
Henry VIII, 1543
The King's most royal Majesty being credibly informed that divers and many of his most loving faithful and obedient subjects inhabiting upon the sea coasts, using trafic by sea, and divers others, be very desirous to prepare and equip sundry ships and vessels at their own costs and charges to the sea for the annoyance of his Majesty's enemies, the Frenchmen and the Scots, so as they might obtain his most gracious licence in that behalf, Hath, of his clemency, tender love, and zeal, which he beareth to his subjects, by the advice of his most honorable counsel resolved and determined as hereafter followeth:
First his Majesty is pleased, and by the authority hereof giveth full power and licence to all and singular, his subjects of all sorts, degrees, and conditions, that they and every of them, may, at their liberties, without incuring any loss, danger, forfeiture, or penalty, and without putting in of any bonds or recognizance before the Counsel, or in the Court of the Admiralty, and without suing forth of any other licence, vidimus, or other writing, from any counsel, court, or place, within this realm, or any other his Majesty's realms and dominions, prepare and equip to the seas such and so many ships and vessels furnished for the war, to be used and employed against his Grace's said enemies, the Scots and Frenchmen, as they shall be able to think convenient for their advantage and the annoyance of his Majesty's said enemies. And his Majesty is further pleased, and by this presents granteth to every of his said subjects that they, and every of them, shall enjoy to his and their own proper use, profit, and commodity, all and singular such ships, vessels, munition, merchandise, wares, victuals, and goods of what nature and quality soever it be, which they shall take of any of his Majesty's said enemies, without making account in any court or place of this realm or any other of the King's realms or dominions for the same, and without paying any part or share to the Lord Admiral of England, the Lord Warden of the Five Ports, or any other officer or minister of the King's Majesty, any use, custom, prescription, or order to the contrary hereof used heretofore in any wise notwithstanding. And his Majesty is further pleased that all and every his said subjects which upon the publication of this proclamation will sue for a duplicate of the same under the great seal of England, shall have the same, paying only the petty fees to the officers for writing the same.
And, seeing now that it hath pleased the King's Majesty, of his most gracious goodness, to grant unto all his subjects this great liberty, his Highness desireth all mayors, sheriffs, bailiffs, aldermen, and all other his Grace's faithful officers, ministers, and subjects of this realm, and other his Highness' realms and dominions, and especially those which do inhabit in the port towns and other places near the seaside, to shew themselves worthy of such liberty, and one to bear with an other, and to help an other, in such sort as their doing hereupon may be substantial, and bring forth that effect that shall redound to his Majesty's honor, their own suerties, and the annoyance of the enemies.
Provided always that no man which shall go to the sea by virtue hereof presume to take any thing from any his Majesty's subjects, or from any man having his Grace's safeconduct, upon the pains by his Majesty's laws provided for the same. And his Grace is further pleased that no manner of officer, or other person, shall take any mariners, munition, or tackle from any man thus equipping himself to the sea, but by his own consent, unless his Majesty, for the furniture of his own ships, do send for any of them by special commissions, and where need shall require. His Majesty will also grant commission to such as will sue for the same for their better furnitures in this behalf.
