Hayes Lowe
U.S. and C.S. Letters of Marque (long)
Wed Nov 29 17:04:39 2000


Here's some quotes that you may find relevant:

"On April 17, 1861, Confederate President Jefferson Davis offered Letters of marque, allowing privately owned ships the authorization to attack Northern owned vessels on the high seas. Privateers did so, motivated by patriotism and pecuniary gain. Lincoln announced the capture of any such crew would be hanged as pirates. Davis countered with a like faith for any Northern crew. Although some privateers had minimal success, it was the Confederate privateer which did the most damage."
Source: R.L. "Curry's Civil War in Miniature", Copyright 1996 R.L. Curry, Jackson, TN. All Rights Reserved.




"Article I, Section 8. The Congress shall have power [&] (11) To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."
Source: The Permanent Constitution of the Confederate States Constitution
Note: This section is the same as the United States Constitution, see next.

"Article I, Section 8. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water."
Source: The Constitution of the United States.



"Letters of marque were granted beginning in May 1861, allowing private ship owners to capture ships for profit. In the course of that year, some 24 vessels (mostly from Charleston SC and New Orleans LA) were issued such letters. Unfortunately for this strategy, the government of Britain decided to close its ports in June 1861 to privateers attempting to dispose of their prizes; when other European countries followed suit, privateers found only Southern ports available to them. The fall of New Orleans in April 1862 and the Union blockade of Charleston saw the effective end of Confederate privateering."
Source: The U.S.N.L.P. Handbook
Guide to Naval Reenacting
Section 2.2, Basic Naval History of the Civil War, The U.S. Navy in the Civil War, A Brief Sketch for the Benefit of Naval Reenactors in Discussion with Spectators




"These were cases in which the vessels named, together with their cargoes, were severally captured and brought in as prizes by public ships of the United States. The libels were filed by [p*637] the proper District Attorneys on behalf of the United States and on behalf of the officers and crews of the ships by which the captures were respectively made. In each case, the District Court pronounced a decree of condemnation, from which the claimants took an appeal.

The Amy Warwick was a merchant vessel, and belonged to Richmond. Her registered owners were David and William Currie, Abraham Warwick, and George W. Allen, who resided at that place. Previous to her capture, she had made a voyage from New York to Richmond, and thence to Rio de Janeiro, Brazil. At the last named port, she shipped a cargo of coffee, 5,100 bags, to be delivered at New York, Philadelphia, Baltimore or Richmond, according to the orders which the master would receive at Hampton Roads. She was on her voyage from Rio to Hampton Roads and off Cape Henry when she was captured (July 10th, 1861) by the Quaker City. At the time of the capture, the barque was sailing under American colors, and her commander was ignorant of the war. The Quaker City carried her into Boston, where she was libelled as enemy's property. The claimants of the vessel were the persons already named as owners. James Dunlap, Robert Edmonds, John L. Phipps, and Charles Brown claimed the cargo. The claimants in their several answers denied any hostility on their part to the Government or Laws of the United States, averred that the master was ignorant of any blockade, embargo or other interdiction of commerce with the ports of Virginia, and asserted generally that the capture was unlawful.

"The Crenshaw was captured by the United States Steamer Star at the mouth of James River on the 17th of May, 1861. She was bound for Liverpool with a cargo of tobacco from Richmond, and was owned by David and William Currie, who admitted the existence of an insurrectio

The Brilliante was a Mexican schooner, owned by Rafael Preciat and Julian Gual, residents of Campeche. She had on board a cargo of flour, part of which was owned by the owners of the vessel and part by the Seniores Ybana & Donde, who were also Mexican citizens. She had a regular clearance at Campeche for New Orleans, and had made the voyage between those ports. At New Orleans, she took in her cargo of flour, part to be delivered at Sisal and part at Campeche, and took a clearance for both those places. On her homeward voyage, she anchored in Biloxi Bay, intending to communicate with some vessel of the blockading fleet and get a permit to go to sea, and, while so at anchor, she was taken by two boats sent off from the Massachusetts. She was carried into Key West, where the legal proceedings against her were prosecuted in the District Court of the United States for the District of Florida."
Source: Legal Information Institute, Prize Cases, 67 U.S. 635 (1862) (USSC+)
For further reading on these cases, visit http://www.lectlaw.com/files/case31.htm.


Also see: United States, Navy Department. Official Records of the Union and Confederate Navies in the War of the Rebellion. Washington, D.C.: Government Printing Office, 1894 (30 vols.). N 16.6 Part 3, letters of marque and reprisal








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