The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1898-09-08
BOLD PIRA1 es AND PRIvAreERs.
Constru Ing the international Laws That
Rule the Commerce of tho High Seas.

Constituting the International Laws That
Rule the Commerce of the High Seas.
Privateering is correctly defined as the
indulgence of that piratical spirit
which enters into the hearts of men in
time of war, whereby under the mask
of patriotism they infiict losses on an
enemy's commerce with the primary
object of enriching themselves. There
are other definitions In the lexlcons of
international law, but this interprets
the spirit of the practice. In the pres
ent usage license is issued to a per-
son having some opportunities for the
purpose of privateering. He ships
number of able-bodied fighting men,
and under the authority granted in
what are termed letters of marque and
reprisal, these seamen ferret out ships
either carrying the enemy's colors or
those Of neutral nation, and suspect
ed Of having contraband-of-war or
other valuable cargoes, they run the
vessel so captured into port and con-
fiscate portion of the proceeds as the
reward of capture.
II private individuals attempt to
seize vessel without having letters Of
marque and reprisal in their possess
sion from the proper authorities they
come within the designation of pirates
and are entitled to be shot down. Re-
duced to its last analysis, privateer
is therefore one who, If letters of
marque and reprisal were not issued
would be entitled to be treated as a
pirate. In other words privateering is
plundering under protection of some
responsible government.
Previous to the Crimean war in 1855
this was the universal law of nations
but at the Treaty of Paris where the
questions involved in that war were
finally settled, privateering was re-
garded as a cruel and indefensible
practice and was abolished. The un-
derstanding to do so was signed April
16, 1856 on the part Of Austria, France,
Great Britain, Russia, Prussia, Sar-
dinia and Turkey, and is therefore
binding on all the great powers except
the United States, Spain and Mexico.
These nations have never recognized
the Declaration of Paris against pri-
watering. The injury that may be
done to nation by professedly neu-
trail power may easily be inferred from
that done to the commerce of the Unit
ed States by the Alabama and other
cruisers fitted out in England and
flying the English flag. These crui-
sers Charles Sumner estimated had
wrought to American shipping a dam
age of $4,000, 100000, thus practically
driving our merchant marine from the
seas.
There have been two theories hither-
to governing privateering. One was
that it made no difference whether
goods were carried under hostile or
even neutral fag and the other that it
was the nationality of the vessel car
rying the goods always determined
their liability to capture. In the for
mer case the nationality Of the goods
and not the vessel in which they were
carried was the determining point.
Thus in one case the enemies goods
were safe nowhere; In the other they
were not liable to seizure when carried
in ships flying neutral flag.
A cruiser Of one nation has the right
to know the nationality Of another
that it meets at sea. But failure to
declare nationality though grave cause
for suspicion would give no right of
capture. The inquiring vessel is first
expected to show its colors. If the
suspected cruiser does not respond a
blank cartridge may be fired across its
bows. Should there be still no declar-
alton of nationality this may be fol-
lowed by a cannon shot, but nothing
more is permitted. And IL the pursu-
ing vessel takes the risk of search her
crew and captain must be prepared to
take the consequences. In interna-
tional law mere flight or silence is
therefore no Justification for search or
attack.
A vessel sailing between two neutral
ports and found on the usual line of
navigation is not subject to inquiry.
IL, however, required by a cruiser.
which shows its colors she refuses to
heave to and then resists the right
of search such action justifies her con-
fiscation If found with contraband of
war. Coal is usually contraband of
war and any articles likely to give aid
or comfort to an enemy il found in ex-
cessive quantities, AS to what con-
stitutes a privateer there is some diff
ference of opinion. An armed mer-
chantmen is not privateer. Jefferson
said that though a merchant vessel
had arms to defend herself in time of
war and in the course of her regular
commerce this no more makes her a
privateer than husbandman follow
ing his plow in time of war with a
knife or pistol in his pocket is there