Privateers Against Pirates and Terrorists
Texas Congressman Ron Paul (R-TX) is once again proposing the United States use a strategy that is allowed by the Constitution called “Letters of Marque and Reprisal” to fight pirates and terrorism. Under Article 1 of the Constitution the Congress has the power grant letters of marque and reprisal. In 2002 the Senate Judiciary held hearings about the definition of such an act at which time the Dean of the Columbus Law School, Douglas Kmiec, testified “that they are grants from Congress to private citizens to expressly authorize seizure of good and forfeiture of goods.” against hostile nations.
There is a treaty called the Paris Declaration Respecting Maritime Law which was signed by many countries in 1856 with the intent to ban privateers however neither the United States or the European country of Spain signed the agreement. Whenever the U.S. has used Letters of Marque and Reprisal they have been granted with strict restrictions to adherence of other existing laws. Ron Paul’s proposal would similarly include such provisos.
The use of contracted private citizens has been used in the War of 1812, the Spanish-American War, and most recently in World War II where the Resolute, an airship, was used for anti-submarine patrol and warfare. Congressman Paul has called for the use of Letters of Marque and Reprisal since after the terrorist attacks of September 2001. On October 11, 2001 he said “The President promised the American people that the federal government would use every available resource to defeat the global terror network,” Paul stated.
He continued “Congress should immediately issue letters of marque and reprisal to add another weapon to the U.S. arsenal. The war on terrorism is very different from past wars, because the enemy is a group of individuals who do not represent any nation. Western intelligence in the Middle East is exceedingly limited, so we should avail ourselves of the assistance of those with better information to track, capture, or kill Bin Laden.”
“Once letters of marque and reprisal are issued, every terrorist is essentially a marked man,” Paul concluded. “Congress should issue such letters and give the President another weapon to supplement our military strikes.”
The U.S. government has put out bounties for terrorists in the past including Osama Bin Ladin and more recently $ 5 million for Commander Mehsud , the top Pakistan Taliban leader,who openly threatened the U.S. most recently. Paul sponsored the The Marque and Reprisal Act of 2007 (HR 3216) specifically to allow private agents to pursue Bin Ladin. The bill was referred to the House Foreign Affairs committee but was never further acted upon.
Legal experts point out that some points would need clarification such as what happens when a bounty hunter chases a target from international waters or a lawless nation such as Somalia into another jurisdiction. Under Paul’s proposal assets seized and persons apprehended would be required to be turned over to U.S. authorities. Most legal experts agree that the contracts for the private agents would have to be very detailed about what is allowed and what is not taking into account many possibilities.
The Competitive Enterprise Institute, is a public interest group dedicated to free enterprise and limited government, in a press release this week weighed in on the issue. “The world has changed a lot since nations last made significant use of letters of marquee and reprisal. If Congress were to decide to issue them, it would certainly have to revisit the concept,” said CEI Senior Fellow Eli Lehrer. “It’s the type of free-market solution to a real problem that Congress should consider but hasn’t in any serious way.” Lehrer added.
CEI policy analyst Michelle Minton agreed. “American citizens have the right to defend themselves, regardless of their location,” said Minton. “If international governing bodies fail at the task, which repeated pirate attacks seem to indicate, the US government should do something,” she said. “Issuing letters of marque are one way to foster the protection of American citizens abroad without requiring an American military presence in foreign territory.”
Since both the President and the United Nations have indicated that the solution to piracy must involve the private shipping companies it would seem appropriate to strongly consider including Letters of Marque and Reprisal in the plan for dealing with piracy in the Indian Ocean.
Thanks for reading Contempo Magazine blog which discusses issues for McAllen, the Rio Grande Valley, and America from a conservative Hispanic point of view. Tony Magaña grew up in McAllen Texas, attended Texas A&M University, served as an officer in Army Reserve, and holds a doctorate from Harvard University. The co-founder of Contempo Magazine has participated in Valley business for over 20 years. He is a member of the National Association of Hispanic Journalists and also writes for the American Daily Review
