Year: 1863




it be necessary judicous, timely to issue letters
of marque in the war now waged against " do
mestic enemy" who has no commerce.


There are many considerations which, we are con-
strained to think, evnce the impolicy OF the step,
especially at the present time. These consdera-
tions were ably enforced by Mr.. Senator Sumner
while as yet the measure was pending in the Senate


ln the first place, the ordinary justification Of
the aiming of privateers does not exist during
war with an enemy who has no mercantile bottoms
afoat on the high seas. Private armed vessels
licensed to cruise against an enemy are equipped
10 the hope of booty. 1t is in the booty they take
that owners, officers, and Grew find their sole re-
ward for the hazards they run, and it is by the in
jury they thus do to the trade of the enemy that
they confer any possible benefit on the Government
in whose service they are enlisted. In the war
with the insurgents it would seem that this incen
tive to the men engaged and this advantage to the
Government are equally wanting


But it may be said that such rovers Of the sea
will be effective in hunting down and seizing
the foreign merchant vessels which now carry on
an illicit trade in contraband with the Southern
ports. Yet let it be remembered that it is in pre-
cisely this aspect that the possible good they do
is offset by possibilities Of another kind which
must be prudently taken into account by the Gov
ernment 1t is well known, as was recalled by Mr.
Sumner, that according to ancient usage and the
law OF nations every privateer is entitled to bel
ligerent rights, one Of which is that most difficult
delicate, and dangerous Of all, the much disputed
right Of search. There is no right Of war with
regard to which nations are more sensitive, and no
nation has been more sensitive than our own, while
none has suffered more from its exercise. When
we consider how the officers and crew of private
armed vessels are constituted, we see how much
greater are the dangers which result from placing
this right in their hands than in the hands Of naval
officers belonging to the regular service, and sup
posed to be trained in the duties and amenities Of
their profession. Is it not to be apprehended that
the vexations of neutral commerce under such
system will be the fruitful parent of international
complaints and reclamations?


If it be said that these private armed cruisers
may be employed in the search and capture of the
Alabama and other similar depredators on our COM
merce the answer is easy For such service ves-
sells possessing strength of timber and weight
of metal beyond that Of ordinary letters Of marque
will be necessary. If the Government proposes in
this way to supplement the activity and energy of
the navy, and deems that it can do 80 without any
on that arm Of the national defence, we
do not conceive that any rowing commission of
marque is either necessary or proper. Let it be
distinctly stated that the capture of such enemy
vessels is the sole motive and object of the private
armed cruisers thus authorized to enter the service
Of the country. And the Government, as stimu-
lus to their activity, might offer them bonus for
the capture of the Alabama, or Of any similar ship
engaged in depredating on our commerce.


We need not enumerate, in addition to these par
icuar considerations, suggested by the present as
poets of the war We are waging the general objec-
lions of a moral kind which obtain against the
species of warfare recognised by letters Of marque
The civilization of the age, and the progress of the
code in tending to put itself abreast
With that civilization, have stamped this licensed
organdage with the seal of condemnation. If
many friends of the Government at home would
regret to see it embark in such an enterprise where
he risks are 50 great and the advantages so iuap-
,reciabe, it s equally certain that our friends
abroad would look with sorrow upon the stigma in
licted on our cause by resort of such doubtful
morality and questionable expediency. For it
hould be remembered thatthose who in England and
elsewhere have recently been foremost in avowing
heir sympathy for the National Government are
precisely the class of persons who have been most
Onward to denounce the predatory warfare which
vas once generally tolerated under the law of ma
ions.


1t surely is not necessary to cite authorities in
of private war on the high seas.
len. HALLEcK in his excellent treatise on Interna-
ional Law, holds the following language:


1t leads to the worst and crimes and has
orruptng influence upon all who engage IN it, but cannot
e punished as breach Of the law Of nations The en-
ghened opiuon Of the world is most decidedly ia favor


abosbng it, aud recent events lead to the hone that All
he commercial nations Of both hemispheres will unite in
70 longer resorng, in tune Of war, to so barbarous a
ractce"


Chancellor Kent wrote to the same purport, as
olows:


"Prvaeering, der all the restrictions which may have
een adopted, very liable to abuse The object ia not
aln or chvsric warfare, but plumber and profit The
scpne OF the crews not apt to be Of the highest or
er, and pryateers often guilty Of enormous
nd become the scourge of neutral commerce. Under the
est regulations the busness tends strongly to blunt the
ense o private right and to nourish awess and fierce