The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-05-03
HUGH L. BOND,
JOHN G.. BRUNE,
Gro w DOpRTN
lFnom the Augusta C0RstitutionaIist.
Privateering.

We furnish long extract from Kent's
Commentaries, in which the subject Of
privateering is discussed. The United
States Government haspersitently refused
to surrender their right to resort to 'this
licentious practice" and resisted it 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 physic 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
tain that there will be no difficulty in
finding Northern capitalists who, in the
dull times fast coming upon Northern
shipping interests, will be willing to
organise free booting expeditions to prey
on the commerce of their own fellow
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. 1t is not likely, therefore,
that patriot scruples will deter the same
class of men from going into a 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
1 Al r C1ll- H.
which individuals were permitted to form
associations for plunder, was afterwards in
troduced into the Roman law, and has
been transmitted to 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 to 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. tits 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 saws that the Dutch formerly en-
pioyed no vessels of war but such as were
owned by private persons, and to whom
the Government allowed proportion oi
captured property, as well as indemnity
from the public treasury. Vessels are
now fitted out and equipped by private
! adventures, at their own expense, tc
! cruise against the commerce of the enemy
, They are duly commissioned, and it il
I | said not to be lawful to cruise without 1
regular commission. Sir Matthews Hale
held it to be depreciation in a subject t.
I attack the enemy's vessels, except in hi
4 own defence, without commission. Th'
9 subject has been repeatedly discussed il
: the Supreme Court of the United States
I and the doctrine of the law of nations
I; considered to be, that private citizens can
not ACQUIRE a title to hostile property, un
o less seized under a commission, but the,
r NAV still lawfully seize hostile property il
a their own defence. If they depredat
upon the enemy without a commission
|, they act upon their peril, and are liable t
s be punished by their own sovereign, bu
q the enemy are not warranted to conside
Is them as criminals, and as respects tn
y enemy, they violate no rights by capture
ssSuch hostilities, without commission
e are however contrary to usage, and 81
D, ceedingly irregular, and dangerous, an
IS thy would probably expose the party
Ie the unchecked severity Of the enem,
= but they are not acts of piracy. Waite
y indeed, says, that private ships OF wa
without q regular commission, are not 81
le titled to be treated like captures made
in q formal war. The observation is rattle
IS loose and the weight of authority ul
ID doubtedly is, that non-commissionedv We
r Ill v,oksAw az q
a times capture hostile ships without beiT
ad deemed, by the law of nations, pirates
"a, They are lawful combatants, but the
lg have no interest in the prizes they ma
take, and the property viii remain subje
We TO condemnation in favor of the Cover
he ment of the captor, as droits Of the admir-
~. II is said, however, that, in the UI
ten States, the property is not strictly al
technically condemned upon that prin,
TO ple, but jurs repu6GG +; and it is the 81
IS tlt d law of the United States, that I
Ia captures made by non-commissionedc ca
d tors, are made for the Government.
rn ''In order to encourage privateering,
oy is usual to allow the owners of privs
y, armed vessels to appropriate to the
az selves the property, or large porti
oi of the property they may capture a
a a to afford them and the crews other fac
70 ties and rewards for honorable and suece
y full efforts. This depends upon the mu
~ cipal regulations of each particular pow
- and IS a necessary precaution agail
abuse, the owners of privateers are reqr
- ed. by the ordinances of the ccmmerc
~ States to give adequate security that Il
- will conduct the cruise according to
~ laws and usages Of war, and the instr
"a tions of the Government, and that Il
~ ~ win regard the rights Of neutrals, q
- bring their prizes in for adjudication. Tn
~ checks are essential to the character 4
- safety of maritime nations. Privateer
under all the restrictions which have ht
tofore been adopted. isvery liable toabI
la The discipline of the crews is not apt
The be of the highest order, and private
lot. are often guilty of enormous exceses.
riv- become the scourge. of neutral oc
ed merce. They are sometimes manned
oficered by foreigners, having no peri
ex- nent connection with the country, or
CHI terest in its cause. This was compia
ary made by the United States, in 1919. IN
md lation to irregularities and acts OF atrocl
the committed BY private armed vessels,
|. ing under the Gag Of Buenos AyFes