Letters of Marque and Reprisal as
Affirmed in the
United States Republic Constitution
By Anaidah El
Have you ever studied the United States Republic Constitution from
the Congressional Record? It is most interesting as it pertains to the original Amendment 11—
powerful, and, Amendment 12. It is attached (PDF) at the end of this article, as well as several other
related PDF’s. Also Check out Page 13 of the Statutes at large, near the bottom it reads
"Persons are not the subject of commerce, and not being imported goods, they do not fall within the meaning
founded upon the Constitution, of a power given to Congress, to regulate commerce, and the prohibition of the States for imposing
a duty on imported goods. Ibid: Gibbons v. Ogden, 9 Wheat, 1 ; 5 Cond. Rep. 562.
Of Equal interest are the Letters of Marque and Reprisal - Article I,
section VIII. Therein you see clear piracy, which is TREASON on a National and International
scale. If you are arrested there must be a letter of reprisal from Congress to the states, municipal, town, police officer,
public servant - where is it?
No state can issue letters of Marque and Reprisal - Article I, section X,
of the Constitution for the United States Of America, only Congress can issue them. Thus, they (states,
municipal, town, police, officer, public servant, etc. et al), are engaging in piracy which is an International Violation.
be mindful that an officer is an elected government official/public servant, and ask yourself when were police
officers elected? did you ever elect a police officer? You didn’t! Thus, they
have no authority and are nothing more than mercenaries for hire or as a more subdued title, a security guard with
Check the various organic state constitutions which are for Europeans, as affirmed in the
Original 13th Amendment, section 12 and, in the United States Republic Constitution, there is no authorization for police
officers, state troopers, or marshalls. Only Sheriffs and their sole function is to protect the People, even from corrupt
In the event (which is usually all of the time), that the Letters of marquee and reprisal
are not produced, therefore missing as lawful protocol, then piracy on land has been committed, and indicates prima facie
evidence of treason against the People.
the People make up a state. In this instance the europeans can choose to be members of any of the various
state republics. Moors can never be members of any of the European states. A state is never a corporation. In this case the
United States Republic Constitution authorized one corporation with limited powers. Its sole function is to preserve, protect,
and secure the (birth) rights of the People.
Is that what the various states/commonwealth
are doing? Are they protecting the Rights of the people. No!!
If not then, that is “High Treason” and, per the United States Republic Constitution, the punishment for
"Treason", much less "High Treason", is “death”.
The sole obligation of the public servant,
(all government officials) is to preserve, protect, and secure the (birth) Rights of the People. If that is the case, why
is it that many, if not all public servants live far better than the People?
Why is it that many go to war over the violation of the public servant, but never the People?
An excellent example of this is the movie "Air Force One". How many times have the police gone
all out for one of the People who have killed one of "their own"? Their own being private security guards.
The People pay all salaries, yet, and
of great impact and importance, the People finance all corporations, while at the same time they are funding them, the People’s
(birth) rights are not being preserved, protected, or secured by those who take an Oath to do just that.
Another piece of missing information that many People are not aware
of is that Congress adjourned Sine Die (pronounced sina dia) March 27, 1861
effectively suspending the lawful government on this continent.
What Is the Significance – what does
Sine Die mean?
Until the People
-- Moors, wake up and reclaim their inheritance, the government operates under usurpation. This means they
operate as a private foreign unknown entity that has taken the People of this continent captive, and has usurped the Government
and the Supreme Law Of the Land.
This was done so silently (silent weapons of war as outlined in the King Alfred Plan), that
the People are not aware they have been usurped and that they are booty and prize, chattel property, as affirmed in the Executive
Order 13037 – human capital.
People, you must read and study your Law.
On this Continent the only Law is the United States Republic Constitution, the Treaty of Peace and
Friendship, the Declaration of Independence for all Europeans, the Article of Confederation, the Articles of Association.
following is Law as affirmed in the United States Republic Constitution, Article
debts contracted and engagements entered into, before the adoption of this Constitution, shall be valid against the United
States under this constitution, as under the Confederation. This Constitution, and the laws of the United States which shall
be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall
be the supreme law of the land;"
Just how silent is the usurpation?
In the information below, there is a section on applying for Letters of Marque and Reprisal. Study
it and you will find it is, and defines the registration process of your property, which is fraudulently
labeled motor vehicle. You were probably not aware that when you register your car, you were applying for
a letter of Marque and Reprisal under threat, duress and coercion of course. Because they threaten you
to do so or else you cannot travel, you will be punished, fined, etc. Clearly they are coercing you without
full disclosure. And you are complying without full knowledge of what you are really doing.
you aware that you were under threat, duress, and coercion, and that you were applying
for a Letter of Marquee and reprisal??? The following is an example of an original application of a Letter
of Marque and Reprisal. See if you can see the connection in regards to your automobile, and hopefully
you will easily recognize that you have been applying for a Letter of Marque and Reprisal.
ship owner would send in an application stating the name, description, tonnage and force (armaments) of the vessel, the name
and residence of the owner, the intended number of crew, and tendered a bond promising strict observance of the country's
laws and treaties, and of International Laws and customs. The commission was granted to the vessel, not to its
captain, often for a limited time or specified area, and stated the enemy upon whom attacks were permitted.”
Wake up you sleepy headed Moors. Study, Study, Study!!! ISLAM
The below is taken from, http://en.wikipedia.org/wiki/Letter_of_marque
Letter of Marque
(For the Patrick O'Brian novel, see The Letter of Marque.)
Letter of Marque given to Captain Antoine Bollo via the ship
owner Dominique Malfino from Genoa, owner of the Furet, a 15-tonne privateer, 27 February 1809.
In the days of fighting sail, a Letter of Marque and Reprisal was a government licence authorizing a private vessel
to attack and capture enemy vessels, and bring them before admiralty courts for condemnation and sale. Cruising for prizes
with a Letter of Marque was considered an honorable calling combining patriotism and profit, in contrast to unlicensed piracy
which was universally reviled. The French used the term lettre de course for their letters of marque, giving
rise to the term corsair. Letter of Marque can sometimes describe the vessel itself: a "Letter of Marque" generally
refers to a lumbering square-rigged cargo carrier that might pick up a prize if the opportunity arose,
whereas a "privateer" was a fast and weatherly fore-and-aft rigged vessel heavily armed and heavily crewed,
intended exclusively for fighting.
A "letter of Marque and reprisal" would involve permission to cross an International
border to effect a reprisal (take some action against an attack or injury) authorized by an issuing jurisdiction
to conduct reprisal operations outside its borders.
1.1 Nomenclature history
2. Early history
for, and legal effect of, letter of marque
4. Adjudicating captures, invalid letter of marque, or illegal
Abolition of privateering
6. 21st-century American, possible renewal of Letters of Marque
Old English mearc, from Germanic
*mark- ‘boundary; boundary marker’, from Proto-Indo-European *merǵ- ‘boundary, border’.
French, from Provençal marca, from
marcar ‘seize as a pledge‘
to the Oxford English Dictionary, 2nd ed. (Clarendon Press, 1989) ( def. 1 of "marque" & def. 2a of "marque"
defining "letter of marque"), the first recorded use of "letters of marque and reprisal" was in an English
statute in 1354 during the reign of Edward III. The phrase referred to "a licen[s]e granted by a sovereign to a subject,
authorizing him to make reprisals on the subjects of a hostile state for injuries alleged to have been done to him by the
During the Middle Ages armed private
vessels enjoying their sovereign's tacit consent, if not always an explicit formal commission, regularly raided shipping of
other nations, as in the case of Francis Drake's attacks on Spanish shipping of which Elizabeth I (despite protestations of
innocence) took a share. Grotius's 1604 seminal work on international law called De Iure Praedae (Of The law
of Prize and Booty) was an advocate's brief defending Dutch raids on Spanish and Portuguese shipping.
King Henry III of England first issued what later became known as privateering commissions in 1243.
These early licences were granted to specific individuals to seize the king’s enemies at sea in return for splitting
the proceeds between the privateers and the crown. The letter of marque and reprisal first arose in 1295,
50 years after wartime privateer licenses were first issued. According to Grotis, letters of marque and reprisal were akin
to a "private war", a concept alien to modern sensibilities but perhaps understandable if one recalls a more muscular
and self-reliant age when the ocean was lawless and all merchant vessels sailed armed for self defense. A reprisal
involved seeking the sovereign's permission to exact private retribution against some foreign prince or subject. The earliest
instance of a licensed reprisal recorded in England was in the year 1295 under the reign of Edward I. The notion
of reprisal, and behind it that just war involved avenging a wrong, clung to the letter of marque until 1620 in England, where
to apply for one a shipowner had to submit to the Admiralty Court an estimate of actual losses. Licensing
privateers during wartime became widespread by the 16th Century Europe, when most countries
began to enact laws regulating the granting of letters of marque and reprisal. Although privateering
commissions and letters of marque were originally distinct legal concepts, distinctions became purely technical by the eighteenth
century. The United States Constitution granted Congress the power to issue “Letters of
marque and reprisal” without separately addressing privateer commissions.
During the Napoleonic Wars and the War of 1812,
it was common to distinguish verbally between privateers (also known as private ships of war) on the one hand, and armed merchantmen,
which were referred to as "letters of marque", on the other, though both received the same commission. The Sir John
Sherbrooke (Halifax) was a privateer; the Sir John Sherbrooke (Saint John) was an armed merchantman. The East India Company
arranged for letters of marque for its East Indiamen such as the Lord Nelson, not so that they could carry cannons to fend
off warships, privateers and pirates on their voyages to India and China, that they could do without permission, but so that
should they have the opportunity to take a prize they could do so without being guilty of piracy. Similarly, the Earl of Mornington,
an East India Company packet ship of only six guns too carried a letter of marque.
In July 1793, the East Indiamen Royal Charlotte,
Triton, and Warley participated in the capture of Pondicherry by maintaining a blockade of the port. Afterwards, as they were
on their way to China, the same the East Indiamen participated in an action in the Straits of Malacca. They came upon a French
frigate, with some six or seven of her prizes, replenishing her water casks ashore. The three British vessels immediately
gave chase. The frigate fled towards the Sunda Strait. The Indiamen were able to catch up with a number of the prizes, and
after a few cannon shots, were able to retake them. Had they not carried letters of marque, such behavior might well have
qualified as piracy.
Applying for, and legal effect of, letter of Marque
The body of Captain William Kidd hanging in a gibbet over the Thames, the result of confusion over
whether Captain Kidd took prizes legally under a Letter of Marque, or illegally as a pirate. The procedure for issuing Letters of Marque and the issuing authority varied by time and circumstance. In Colonial
America for instance, colonial governors issued them in the name of the King. During the American Revolution first the state
legislatures, then both the states and the Continental Congress, then after ratification of the Constitution, Congress authorized
and the President signed Letters of Marque. A ship owner would send in an application stating the name, description, tonnage
and force (armaments) of the vessel, the name and residence of the owner, the intended number of crew, and tendered a bond
promising strict observance of the country's laws and treaties, and of international laws and customs. The commission was
granted to the vessel, not to its captain, often for a limited time or specified area, and stated the enemy upon whom attacks
were permitted. For instance during the Second Barbary War President James Madison authorized the Salem, Mass. brig Grand
Turk to cruise against "Algerine vessels, public or private, goods and effects, of or belonging to the Dey of Algiers".
(Interestingly, this particular commission was never put to use as it was issued the same day the treaty was signed ending
the U.S. involvement in the war—July 3, 1815. )
A Letter of Marque and Reprisal
in effect converted a private merchant vessel into a naval auxiliary. A commissioned privateer enjoyed the protection of the
laws of war. If captured, the crew was entitled to honorable treatment as prisoners of war, while without the license they
were deemed mere pirates "at war with all the world," criminals who were properly hanged. For this reason enterprising maritime
raiders commonly took advantage of "flag of convenience" Letters of Marque, shopping for cooperative governments
to license and legitimize their depredations. French/Irishman Luke Ryan and his lieutenants in just over two years commanded
six vessels under the flags of three different nations and on opposite sides in the same war. Likewise the
notorious Lafitte brothers in New Orleans cruised under letters of marque secured by bribery from corrupt officials of tenuous
Central American governments, or the briefly sovereign nation of Texas, to cloak plunder with a thin veil of legality.
Adjudicating captures, invalid
letter of Marque, or illegal cruelty.
The Letter of Marque by its terms required privateers
to bring captured vessels and their cargoes before admiralty courts of their own or allied countries for condemnation. Applying
the rules and customs of prize law the courts decided whether the Letter of Marque was valid and current, and whether the
captured vessel or its cargo in fact belonged to the enemy (not always easy when flying false flags was common practice),
and if so the prize and its cargo were "condemned", to be sold at auction with the proceeds divided among the privateer's
owner and crew. A prize court's formal condemnation was required to transfer title; otherwise the vessel's previous owners
might well reclaim her on her next voyage, and seek damages for the confiscated cargo. Often questions arose as to the legitimacy
of the Letter of Marque in the case of divided sovereignty during civil wars. An English court, for instance, refused to recognize
the Letters of Marque issued by rebellious Ireland under James II, and hanged eight privateer captains as pirates. Seventy-nine
years later during the American Civil War, the Union charged officers and crew of the Confederate privateer Savannah with
piracy, calling their Letter of Marque invalid since the Union refused to acknowledge the breakaway Confederacy as a sovereign
nation. The case resulted in a hung jury, and after Confederate President Jefferson Davis
threatened to retaliate by hanging one Union officer for each executed Confederate privateer, the Union relented and thereafter
treated Confederate privateersmen honorably as prisoners of war. Privateers
were also required by the terms of their Letters of Marque to obey the laws of war, honor treaty obligations (avoid attacking
neutrals) and in particular to treat captives as courteously and kindly as they safely could.  If
they failed to live up to their obligations the Admiralty Courts could and did revoke the Letter of Marque, refuse to award
prize money, forfeit bonds, even award tort (personal injury) damages as against the privateer's officers and crew.
Abolition of Privateering.
Nations often by treaty agreed
to forego privateering, as England and France repeatedly did starting with the diplomatic overtures of Edward III in 1324;
privateering nonetheless recurred in every war between them for the next 500 years. Benjamin Franklin
in 1792 attempted to persuade the French to lead by example and stop issuing Letters of Marque to their corsairs, but the
effort floundered when war loomed with Britain once again. Finally after the Congress of Paris at the
end of the Crimean War, seven European nations signed the Paris Declaration of 1856 renouncing privateering, and forty-five
more eventually joined them, which in effect abolished privateering worldwide. The United States was not a signatory to
that declaration. Despite the attempt to end privateering around the world, nations still continued issuing letters of marque.
In 1879 at the beginning of the War of the Pacific, Bolivia issued letters of marque to any vessels willing to fight for them.
At the time Bolivia had no navy and was under threat from Chile's fleet.
21st-century American, possible renewal
of Letters of Marque.
1 of the United States Constitution lists issuing Letters of Marque and reprisal in Section 8 as one of the enumerated powers
of Congress, alongside the power of taxation and the ability to "Declare War." Moreover, because the United States
Constitution can only be modified via amendment, no international document the United States signs can nullify Congress's
ability to issue Letters of Marque.
No letter of marque has been legitimately issued by the United States since the nineteenth
century, however in 2011 a ceremonial Letter of Marque was issued to the Rhode Island Pirate Players by the Rhode Island Governor
Lincoln Chafee. The status of submarine-hunting Goodyear airships in the early days of World War II has created
significant confusion. Although various accounts refer to airships Resolute and Volunteer as operating under a "privateer
status", Congress never authorized a commission, nor did the President sign one.
The issue of marque and reprisal was raised before Congress
after the September 11 attacks and again on July 21, 2007, by Congressman Ron Paul. The attacks were defined
as acts of "air piracy" and the Marque and Reprisal Act of 2001 was introduced, which would have granted the President
the authority to use Letters of Marque and Reprisal against the specific terrorists, instead of warring against a foreign
state. The terrorists were compared to pirates in that they are difficult to fight by traditional military means.
Congressman Paul also advocated the use of Letters of Marque to address the issue of Somali pirates operating in the Gulf
of Aden on April 15, 2009. However, the bills Congressman Paul introduced were not enacted into law.
The below PDF entitled "Statutes At Large" is the Original Constitution
for your Review.
Of interest is page
13 wherein it indicates that Persons are not commerce in the footnotes.
We also find interesting Amendment 11 and 12 on Page 22 (referred to as Art. 11 and Art. 12).
Statutes At Large - Original Constitution
Congressional Record Original 13th Amendment Page 1489
Congressional Record Original 13th Amendment Page 1490
Congressional Record Original 13th Amendment Page 1491
Congressional Record Original 13th Amendment Page 1492
Back To Top Of Page
Back To What's New
Back To Home Page