The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-05-31

Watering, and what is the Law Of nations In re
lation thereto
A privateer, - the name imports, h private
armed ship, fitted out at the owners expense
but commissioned by belligerent government
to capture the ships and goods Of the enomy at
sea, or the ships of neutrals when conveying
to the enemy goods contraband of war. A pri-
vateer differs from pirate In this, that the one
has commission and the other has none. A
privateer is entitled to the same rights of war
as the public vessels of the belligerent.
pirate ship has no rights, and her crew are
liable to be captured and put to death by all
nations, as robbers and murderers on the high
seas. The policy of neutrals recognizing pri-
vateers as legitimate belligerent ships Is found
ed on the interests of humanity and the COM
mon desire to prevent piracy II privateers
were not recognized by neutral nations they
would become pirates, and instead of making
prisoners of the crews Of prize vessels, they
would massacre them, appropriate the cargoes
and sink the ships. But, being recognized, they
are under the surveillance Of the government
commissioning them as well as the govern
ments of neutral nations, and they are respon-
sible for their acts to both The government,
moreover, which issues letters of marque is liza.
BILE to neutral nations for the misdeeds of its
privateers. To government with a small
navy, or no navy, and with slender resources,
privateers are great advantage, because they
not only cost the government nothing being
owned and equipped by private individuals,
but on the contrary they are source Of reye-
nue., for they are obliged to pay per centage
on the value Of their captures, in consideration
Of their license.
The name Of this license is 81 letters of
marquee" and is derived from the French, be-
ing equivalent to the word march or mark, in
the sense of boundary or frontier. 1t had its
origin in the Middle Ages, when princes issued
to their subjects licenses to cross the march or
frontier of a neighboring Power in order to
make reprisals for an injury. 1t was extended
to the high seas IN the fourteenth century. But
the practice was not general till the end Of the
sixteenth century. The first instance in which
the aid Of privateeIs was deemed important in
war was in the struggle between Spain and
her reyolted provinces of the Netherlands.
Tie Prince of Orange, the leader Of the
revolt, issued letters Of marque against Spain
in 1870 and his privateers became terrible
Ever since that time the use of privateers has
| been legalized in Europe, unless where parties
agree by treaty to abolish it as against each
other. The French were the first, on a large
scale, to send out those scourges Of the sea-
The British initiated their example, and their
| iliustrious naval commander, Drake, was a
privateer. AT the close Of the French
war with England, by the peace of Amiens, the
latter nation had 10000 French sailors in
prison. In cur Revolutionary war with Eng
land the American privateers played very
important part. The exploits Of Paul Jones
by land and sea, making raids upon the British
coasts, and sometimes capturing English ships
of-war, are more like romance than reality.
The deeds of Captain Reed, Of the General
Armstrong, are well known. The letters OF
marque Issued by the Continental Congress
were held to be valid two years before the
new government was recognized by any foreign
Power; and during the first year the American
privateers captured five hundred and thirty
British vessels and their cargoes, valued at
five millions Of dollars. During the Reyolu-
tionaIy war this country had fifteen hundred
privateers on the ocean, having fifteen thou
sand guns. In the war of 1928 the number
of British ships captured by American pri-
vateers was immense. 1t is clearly, therefore,
the interest of England to have priyateering
abolished all over the world, and it is pro-
bable that the proposition of our government
will be acceded 10. The right to issue letters
of marque and reprisal is given to Congress
by the constitution; but the exercise Of the
right may be suspended, especially under the
extraordinary circumstances in which the
country is placed.