Date: Wed, 19 Sep 2001 04:20:19 -0400
To: Matthew Gaylor <freematt@coil.com>
From: Matthew Gaylor <freematt@coil.com>
Subject: COUNTERTERRORISM, INC.
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

COUNTERTERRORISM, INC.

In the wake of the terror attacks on New York City and Washington,
D.C., a group of investors is setting up a bounty fund of $1 billion
to "wipe out" the terrorists and harboring governments responsible.

Although the approach may seem farfetched, there is ample historical
precedent for the practice.

In addition to granting Congress the power to declare war, Article I,
Section 8 of the U.S. Constitution also follows with an authorization
to "grant Letters of Marque and Reprisal."

As described by Professor Larry Sechrest of Sul Ross State
University, letters of marque and reprisal were issued by the U.S.
government in the late 17th and early-to-mid 18th centuries to
so-called "privateers."  Privateering "was a method by which a
citizen of one nation who had been victimized by a citizen of another
nation could achieve restitution for his losses."

Although the practice was used whether or not two countries were at
war, "privateering evolved into an instrument of war."  And it became
a very effective instrument for the U.S. during its early years, so
much so that our nation resisted efforts by European powers to ban
privateering through the Declaration of Paris in 1851.

Privateers also posted bonds to "guarantee compliance with
international laws of the sea," writes Sechrest.  Consequently,
rather than destroy enemy ships, privateers captured them, spared the
lives of their crews, and profited from the seizures by obtaining a
ransom from the ship's owner, or selling the enemy ships at auction.

Given that letters of marque authorized private citizens to outfit
armed ships to seek justice overseas, one finds it increasingly
problematic to take seriously claims that the drafters of the U.S.
Constitution did not also intend for these same people to have a
right "to keep and bear arms."

But more relevant to the aftermath of the September 11th terrorist
attacks, those who issued letters of marque and reprisal in the 18th
century were practicing smart economics by aligning the interests of
victims with that of their champions.

In the face of opposition from government navies, privateering has
largely fallen out of practice. Still, it's not too difficult to
imagine a group of popularly-funded modern-day privateers -- armed
with both state-of-the-art military technology and these
congressionally-issued "letters" -- undertaking a journey to a
foreign land to say, "Osama bin Laden, you've got mail!"

See "$1 billion bounty on bin Laden" at:
<http://www.independent.org/tii/lighthouse/LHLink3-37-2.html>

See also "Bring on the Bounty Hunters," at
<http://www.independent.org/tii/lighthouse/LHLink3-37-3.html> and
"Congress Shall Have the Power to Declare War" by Alexander Tabarrok
at: <http://www.independent.org/tii/lighthouse/LHLink3-37-4.html>.

Also see "Privateering and National Defense: Naval Warfare for
Profit" by Larry Sechrest, at:
<http://www.independent.org/tii/lighthouse/LHLink3-37-5.html> (PDF
File) and TO SERVE AND PROTECT: Privatization and Community in
Criminal Justice, by Bruce Benson, at
<http://www.independent.org/tii/lighthouse/LHLink3-37-6.html>


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