Jeremiah Monk
INTRODUCTION
An often overlooked clause in Article I of the US Constitution grants Congress the War Power authority to issue “Letters of Marque,” official documents issued by a sovereign nation authorizing private citizens, often ship captains, to capture enemy vessels and goods. This was a practice particularly prevalent during the 18th and early 19th centuries, and at the time of the Founding Fathers of the United States was a fairly common instrument of national power.[ii]
The strategic application of privateering effectively ended in the mid-19th century. Treaties largely banned the practice, and the conduct and character of warfare from that point on rendered privateering unnecessary. But to this day, the US retains the right to issue Letters of Marque. This capability offers not only a potent strategic deterrent but also a significant strategic option for the nation to leverage in the event of a war with China.At the time of the founding of America, the small U.S. Navy faced a dilemma: how to combat an adversary with a much larger naval fleet, but who offered a strategic vulnerability in their reliance on maritime trade and resupply. The strategy employed was effectively outsourcing, granting private vessels with the authority to interdict British supply shipments.
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