Letters of Marque and Reprisal

A Tool to Fight Terrorism

Article I Section 8 of the United States Constitution grants Congress the power to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water . . . ." U.S. Constitution Article I § 8.

A letter of marque and reprisal is a government sponsored warrant or commission granting authority for a government designated agent to search, seize, or destroy specified assets or personnel belonging to a party which has committed some offense against citizens or assets of the country. Under the U.S. Constitution, only Congress may issue a letter of marque and reprisal. States are specifically barred from issuing them. Historically, these warrants were issued in response to piracy. In the 1700s and 1800s, such warrants were issued to ships captains. Those ships operating under a letter of marque and reprisal were called "privateers." They were often induced to operate by the promise of retention of all or a percentage of the plunder they captured from pirates.

An international treaty by many nations, the 1856 Treaty of Paris, banned letters of marque and reprisal; however, the United States did not sign the treaty. During the War Between the States and the Spanish American War, the United States government issued statements that it would comply with the treaty. However, the U.S. did not officially sign off on this treaty.

After the attacks by terrorist against the World Trade Towers in New York, and the Pentagon in Washington, D.C., a 2001 bill was introduced in Congress to allow the President to issue letters of marque and reprisal against the Islamic terrorist, Osama Bin Laden, and his operatives. The law was never enacted, and President George Bush unilaterally took the United States into "the war against terrorism" by invading Iraq and Afghanastan.

In 2007, Congressman Ron Paul, who opposed the United States military actions taken by President Bush, re-introduced legislation authorizing letters of marque and reprisal. Below is my brief analysis of why letters of marque and reprisal are better instruments to fight guys like Bin Laden and other Islamic terrorists than are undeclared wars against nations that vaguely support terrorists. I also copied the text of Congressman Paul's short and simple bill below.

Terrorists obviously operate without the specific endorsement of any government. Certainly, some nations sponsor terrorism, such as Syria or Iran, and arguably even Saudi Arabia, but they are not explicit about it. They quietly funnel funds and supplies to terrorists who operate more or less independently.

Attacking governments and nations under those circumstances is heavy-handed. Moreover, it involves cumbersome International negotiations through the United Nations that often acts against the national interests of the United States.

On the other hand, letters of marquis and reprisal can be narrowly drawn and tailored to a specific task. The government can target terrorist groups and conspiracies by issuing letters of marque and reprisal. These letters do not commit the United States military forces to the operation; but instead rely upon private paramilitary groups.

Obviously, private groups acting under color of law (i.e., a letter of marque and reprisal) could pose problems for the United States if they act contrary to good sense and injure or kill innocent persons while pursuing their mission. However, they do insulate the United States government from direct acts of reprisal gone awry. This was certainly not the case when U.S. military personnel screwed up like they did in Abu Ghraib prison. The United States was directly linked to the abuses at Abu Ghraib.

The States that sponsor terrorism do so clandestinely and rarely do they admit sponsorship. However, they will cheer on terrorists, and facilitate their activities. The perfect response to this reality is for the United States to also step back from direct involvement against terrorists by issuing qualified and responsible operatives letters of marque and reprisal. These instruments would certainly save tax dollars from military operations. They also avoid indefinite committment of United States military personnel to extended nationbuilding and police actions like the current Iraq and Afghanastan quagmires.

Below is the text Congressman Paul's quite interesting and very simple bill (HR 3216) proposing issuance of letters of marque and reprisal to fight Islamic terrorists.

H. R. 3216
To authorize the President to issue letters of marque and reprisal with respect to certain acts of air piracy upon the United States on September 11, 2001, and other similar acts of war planned for the future.


IN THE HOUSE OF REPRESENTATIVES


July 27, 2007

Mr. PAUL introduced the following bill; which was referred to the Committee on Foreign Affairs


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A BILL
To authorize the President to issue letters of marque and reprisal with respect to certain acts of air piracy upon the United States on September 11, 2001, and other similar acts of war planned for the future.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


SECTION 1. SHORT TITLE.

This Act may be cited as the `Marque and Reprisal Act of 2007'.


SEC. 2. ISSUANCE OF LETTERS OF MARQUE AND REPRISAL.

The President of the United States is authorized and requested to commission, under officially issued letters of marque and reprisal, so many of privately armed and equipped persons and entities as, in his judgment, the service may require, with suitable instructions to the leaders thereof, to employ all means reasonably necessary to seize outside the geographic boundaries of the United States and its territories the person and property of Osama bin Laden, of any al Qaeda co-conspirator, and of any conspirator with Osama bin Laden and al Qaeda who are responsible for the air piratical aggressions and depredations perpetrated upon the United States of America on September 11, 2001, and for any planned future air piratical aggressions and depredations or other acts of war upon the United States of America and her people.


SEC. 3. SECURITY BOND REQUIRED.

No letter of marque and reprisal shall be issued by the President under this Act without requiring the posting of a security bond in such amount as the President shall determine is sufficient to ensure that the letter be executed according to the terms and conditions thereof.

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