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t places, and thereby rendering the necessaries, conveniences, and comforts of human life more easy to be obtained and more general, shall be allowed to pass free and unmolested; and neither of the contracting powers, shall grant or issue any commission to any private armed vessels, empowering them to take or destroy such trading vessels or interrupt such commerce." This stipulation was not renewed in the treaty of 1797. The treaty of the United States with the Netherlands in 1782, France in 1788, England in 1795. Peru 1799, Prussia 1795, and Spain 1795, contain provisions prohibiting the subjects of either power from taking letters of marque against the other from any power with which it is at war, under the penalty of being treated, if taken, as pirates. But notwithstanding these stipulations, the practice of the Government has always been to employ the services of privateers in the prosecution of its wars; and many of its most brilliant achievements in arms, more especially d
March 30th, 1856 AD (search for this): article 11
st brilliant achievements in arms, more especially during the war of 1812, were performed by this branch of the public service — The bold and daring feats of Le Bon Homme Richard, the Saucy Jack, and the Neufchatel, are too familiar to the readers of the history of maritime wars to need more than a simple reference. Within a short period a change appears to have taken place in the opinions of European nations concerning the employment of privateers. The treaty concluded at Paris, 30th March, 1856, aims at the entire abolition of this system. Our own Government, under the former Administration, declined to become a party to this treaty; but it is understood that the Secretary of State has recently notified those Governments which entered into the compact that the United States are willing to become parties to the treaty. The law of privateering. The title to property taken in war by means recognized as lawful is by the act transferred from the former owner to the captor.
ng the necessaries, conveniences, and comforts of human life more easy to be obtained and more general, shall be allowed to pass free and unmolested; and neither of the contracting powers, shall grant or issue any commission to any private armed vessels, empowering them to take or destroy such trading vessels or interrupt such commerce." This stipulation was not renewed in the treaty of 1797. The treaty of the United States with the Netherlands in 1782, France in 1788, England in 1795. Peru 1799, Prussia 1795, and Spain 1795, contain provisions prohibiting the subjects of either power from taking letters of marque against the other from any power with which it is at war, under the penalty of being treated, if taken, as pirates. But notwithstanding these stipulations, the practice of the Government has always been to employ the services of privateers in the prosecution of its wars; and many of its most brilliant achievements in arms, more especially during the war of 1812, were p
accept a commission or letter of marque to assist any enemy in hostilities against the other, under pain of being treated as a pirate." A law was passed in 1794 by Congress, and revised and re-enacted in 1818, which declares it to be a misdemeanor for any person within the jurisdiction of the United States to augment the force of any armed vessel belonging to one foreign power at war with another and at peace with the United States. This example was followed in the succeeding year (1819) by Great Britain, whereby the Foreign Enlistment act, 59 Geo. III., c. 69, provides against such enlistment under the penalty of the forfeiture of the ship or vessel, and the punishment by fine and imprisonment of the persons implicated. By the marine ordinance of France, of August, 1861, French subjects were prohibited from entering foreign private armed service without permission to the king, under penalty of being treated as pirates. Mexico, in her recent war with the United Sta
force, these "militia of the seas." In 1570 the Prince of Orange issued letters of mark and reprisal to cruise against the vessels of Spain. A large fleet was sent to sea under these commissions, which committed great depredations, not only to the commerce of Spain and the Netherlands, but likewise on the vessels of neutral nations, not unfrequently including those of their own flag. Philip II. of Spain, De Thon informs us, prior to the declaration of war between England and Spain in 1586, seized and confiscated the goods of English merchants, which induced the English Government, by way of reprisals, to issue letters of marque against Spain and her allies, under which her cruisers spread themselves over the ocean, seizing, without distinction, the vessels of nearly every flag that came within their reach. These depredations became so flagrant that the sovereign, owing to the importunities of the merchants of various neutral countries who had been despoiled of their property,
t such commerce." This stipulation was not renewed in the treaty of 1797. The treaty of the United States with the Netherlands in 1782, France in 1788, England in 1795. Peru 1799, Prussia 1795, and Spain 1795, contain provisions prohibiting the subjects of either power from taking letters of marque against the other from any pow1795, and Spain 1795, contain provisions prohibiting the subjects of either power from taking letters of marque against the other from any power with which it is at war, under the penalty of being treated, if taken, as pirates. But notwithstanding these stipulations, the practice of the Government has always been to employ the services of privateers in the prosecution of its wars; and many of its most brilliant achievements in arms, more especially during the war o1795, contain provisions prohibiting the subjects of either power from taking letters of marque against the other from any power with which it is at war, under the penalty of being treated, if taken, as pirates. But notwithstanding these stipulations, the practice of the Government has always been to employ the services of privateers in the prosecution of its wars; and many of its most brilliant achievements in arms, more especially during the war of 1812, were performed by this branch of the public service — The bold and daring feats of Le Bon Homme Richard, the Saucy Jack, and the Neufchatel, are too familiar to the readers of the history of maritime wars to need more than a simple reference. Within a short period a change appears to have taken place in the opinions o
rchant and trading vessels employed in the exchange of the products of different places, and thereby rendering the necessaries, conveniences, and comforts of human life more easy to be obtained and more general, shall be allowed to pass free and unmolested; and neither of the contracting powers, shall grant or issue any commission to any private armed vessels, empowering them to take or destroy such trading vessels or interrupt such commerce." This stipulation was not renewed in the treaty of 1797. The treaty of the United States with the Netherlands in 1782, France in 1788, England in 1795. Peru 1799, Prussia 1795, and Spain 1795, contain provisions prohibiting the subjects of either power from taking letters of marque against the other from any power with which it is at war, under the penalty of being treated, if taken, as pirates. But notwithstanding these stipulations, the practice of the Government has always been to employ the services of privateers in the prosecution of i
such cruelty and barbarity as to render it little short of piracy. Indeed, the mariners of that day were characterized in the Consolato del Mare as a set of robbers, who were frequently united in a sort of copartnership to prey upon each other. The first attempt to reduce the practice of warfare on the sea to those principles which could be recognized as equitable between different nations, is to be found in the Consolate del Mare, the first edition of which was published at Catalan in 1494. Giannoni, in his history of Naples, carries back the period of the compilation of this work to the years between 1,250 and 1,266; but Pardessus, with more certainty, fixes it at the concluding portion of the fourteenth century, and the locality the city of Barcelona, where the dialect in which it was written is still spoken. These are not, according to this writer, to be considered a set of laws promulgated by the authority of one or several Governments, but as a record of the customs in u
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