Marque and Reprisal

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Marque and Reprisal

Annotation

Congress is authorized to allow private citizens (through special government orders called Letters of Marque or Reprisal) to seize citizens or goods of another nation or to equip a ship with arms in order to attack enemy ships. Letters of marque or reprisal were common during colonial times when naval power was not sufficient to protect citizens. If a citizen was attacked on the high seas (supposed neutral territory) the government of that citizen might issue them a letter of marque or reprisal in or to get back what they lost. The idea was not necessarily to get the specific goods that were stolen, but to attack any ship from the country of the person who attack your ship and take a sum of goods (or people) equal to what was originally taken.

Citations

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Article 1, Section 8, Clause 11 

Article 1, Section 10, Clause 1

Citations

Amendment 18, Section 1

(The Congress shall have Power) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

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Article 1, Section 10, Clause 1

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

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