The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-05-03
HUGH L. BoND,
JoHN c. BRUNE,
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a dhHaial0 Tons tifafhlflalitt
Privateering

We furnish long extract from Kent's
Commentaries, in which the subject of
| privateering is discussed The United
| States Government has persitently refused
10 surrender their right to resort to "this
| licentious practice" and resisted il with
| great determination and. in very CO.
gent reasoning, while Mr.. Marcy was
| Secretary of State under President Pierce.
He repulsed the pretences of England
and France, on this subject, in a mastery
manner. 1t will not, therefore, excite
the indignation of those great commercial
nations il the Southern Confederacy should
administer a taste of this physio to the
Yankee shipping interest. In fact, it will
not be difficult TO find in their ports yes
sells and crews who will accept commits
sions of marque and reprisal. 1t is Ger
-Laila Al4@A-a4.@rs will be no difficulty ii
nndIng Northern capitalists who, in the
on the commerce or their own rcfiow
citizens. When an honest penny can be
turned in the slave trade. Yankee ship
owners have not been slow TO pitch in,
Notwithstanding the vulgar prejudices Of
Faneuil Hall. IL is not likely, therefore,
that patriot scruples will deter the same
class of men from going into business
which, while enriching them individually,
will punish the section which has helped
so much to destroy their country's pros
perity:
at was the received opinion in ancient
Rome in the times of Cato and Cicero.
that one who was not regularly enrolled
as a soldier, could not lawfully kill an
enemy But the law of Scion, by
which individuals were permitted to form
associations for plunder, was afterwards in
trOduced into the Roman law, and has
been transmitted 10 US as part of their
system. During the lawiess confusion OF
the feudal ages the right of making re-
prisals was claimed and exercised, without
a public commission 1t was not until the
fifteenth century that commissions were
held necessary, and began 10 be issued
to private subjects in time of war, and
that subjects were forbidden TO fit out
vessels to cruise against enemies without
! license and there were ordinances in
Germany, France, and England to that
effect. 1t is now the practice for maritime
States to make use of the voluntary aid
of individuals against their enemies, as
auxiliary to the public force; and Bynker-
| shock says that the Dutch formerly en-
| pfoyed no vessels Of war but such as were
owned by private persons, and to whom
| the Government allowed proportion OF
captured property, as well as indemnity
/ from the public treasury. Vessels are
now fitted out and equipped by private
| adventures, at their own expense, to
cruise against the commerce Of the enemy.
| They are duly commissioned, and 1t u
said not to be lawful to cruise without a
regular commission. Sir Matthews Hale
| held it to be depreciation in a subject to
| attack the enemy's vessels, except IN ms
! own defence. without commission Inc
subject has been repeatedly discussed IN
! the Supreme Court Of the United States,
/ 4 - l. e.Nf - fnar ~
| considered to be, that private citizens can
not acquire a title TO hostile property, un-
| less seized under a commission, but they
may still lawfully seize hostile property IN
| their own defence. If they depredate
upon the enemy without a commission,
they act upon their peril, and are liable to
be punished by their own sovereign, but
| the enemy are not warranted 10 consider
| them as criminals, and as respects the
enemy, they violate no rights by capture.
''Such hostilities, without commission,
are however contrary 40 lAzagey and ex-
| ceedingly irregular, and dangerous, and
/ thy would probably expose the party TO
| the unchecked severity Of the enemy,
but they are not acts Of piracy. Nattel,
/ indeed, says, that private ships Of war,
/ without a regular commission, are not en-
/ titled to be treated like captures made IN
! formal war. The observation is rather
| loose and the weight Of authority un-
| doubtedlv is. that non-commissioned YES
1 sels Of belligerent nation. may at all
! times capture hostile ships without being
/ deemed, by the law Of nations, pirates.-
| They are lawful combatants, but they
/ have no interest in the prizes they may
/ take, and the property will remain subject
! to condemnation in favor Of the Govern
! rnent Of the captOr, a. droifs Of tae admiral
4 ~. Il is said, however. that, in the Uni
/ ten States, the property is not strictly and
/ technically condemned upon that princi-
| pie. but j1sre rsDvbli0 {; and it Is the set
1 tied law Of the United States, that all
captures made by non-oornmisaioned cap
I tors. are made for the Government.
"In order 20 encourage privateering, II
/ Is usual 70 allow the owners Of private
armed vessels TO appropriate 70 them
selves the property, or large portion
Of the property they may capture and
TO afford them and the crews other factli
| ties and rewards for honorable and success
full efforts. This depends upon the muni-
/ cipal regulations Of each particular power
and a. a necessary precaution against
abuse, the owners Of privateers are re4l.iI,
ed, By the ordinances Of the ccn neI 'l'lL "a
States 70 give adequate security tni. ',.t ~.
viii conduct the cruise aecordinE - -
laws and usages Of war. and the lh7.I 11-
.;ors ~ 49, c.,,-orrraent and that they
I AA0Ar Ok the 1ON-fAAAAAHA+-
viii regard the rights of neutrals. -, ana
bring their prizes in for adj adlsatloll ! i..s
checks are essential 70 the ei-,li -
| - - ,,,.rifir,e nations Prlvateering
.l n .J,s restrictions which have here
slra-a Leen adopted, isvery liable 70 abuse
.rt.,, J;al.irline Of the crews is not apt 20
- ~ the highest order, and prIvateers
s-a often guilty Of enormous exceses, and
beooule the scourge Of neutral com
r,erce. They are sometimes manned and
ofieered By foreigners, having no perIna-
nent connection with the country, OF in
terezt in its cause. This was complaint
made bv the United States in 1919. in re-
lation to irregularities end acts OF atnocity,
committed BY private armed vessels sail
ing under the flag Of Buenos Ayres'-