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A letter of marque is a government-issued document that authorizes a citizen to seize assets or citizens of other nations. It creates a legal pirate, historically used as a political tool, and allows the holder to attack enemy shipping and sell confiscated goods. Privateers were distinguished from pirates and were used to supplement a national navy. Initially designed to right personal wrongs, politicians realized their potential for government use.
A letter of marque is a formal document issued by a government to a citizen to enable him to seize assets or citizens of other nations. These letters have historically been used as political tools, both to enable people to engage in private disputes and to engage with another nation without overtly declaring war. Some countries still allow letters of marque to be issued, although most do not use the privilege; in other countries, they are no longer legal. The United States is an admitted nation under the terms of the Constitution.
In essence, a letter of marque creates a legal pirate. A citizen with such a letter has historically been authorized to man a vessel for the purpose of piracy, taking that vessel outside of home waters and attacking enemy shipping. Attacks on a nation’s merchant marine can be very politically powerful, and the letter holder can sell any confiscated goods, while captured citizens could be used as sources of information or bargaining chips. A famous holder of a letter of marque was Sir Francis Drake, a British vice admiral who attacked Spanish shipping.
A vessel equipped with a letter of marque was sometimes known as a private warship, in reference to the fact that it was used to supplement a national navy. Such vessels were also known in slang as privateers, as were their captains and crews. In France, where these letters were also known as lettres de course, these vessels were called privateers. Most nations distinguished between privateers and pirates; as privateers they operated with the legal blessings of their rule.
Initially, letters of marque were designed to enable people to right personal wrongs. Marque in Old French meant “kidnapping” or “retaliation.” For example, a French trader’s property could be stolen in Italy and the trader would request a letter of marque enabling him to intercept an Italian trader’s goods to compensate for the loss. Many governments complied with these letters because they wanted to be able to use them as tools themselves.
Over time, politicians began to realize the potential of a government mandate that would allow someone to confiscate assets from citizens of another nation. A ship with a letter of marque would be expected to outfit itself and, as a gesture of appreciation for the letter, hand over some of the confiscated goods to the government. Governments could then ensure that foreign shipments are stopped without bearing the financial burden, and they often come out on top.
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