Home > Uncategorized > Privateers Are The Solution to High Seas Piracy!

Privateers Are The Solution to High Seas Piracy!

Thursday, April 9, 2009 Leave a comment Go to comments

April 8, 2009 Secretary of State Hillary Clinton opened the door to resurrecting privateers through Article I, Section 8, Clause 11, of the Constitution. That is the clause that states “Congress shall have Power … To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.

Clinto said, “More generally, we think the world must come together to end the scourge of piracy.”

Noted from Simon Maloy of MediaMatters.com, April 9, 2009 posting:

Hour 1: Rush claims the Somali pirate saga shows how both Obama and Clinton are “inept” in handling “3 a.m. phone call”

El Rushbo kicked off today’s show by returning to the Somali pirate saga, playing a sound bite of Obama declining to comment on the ongoing situation. According to Rush: “This is President Obama voting present, declining to comment. This is President Obama not wanting to address anything that is hard. Addressing things that are hard bring your approval numbers down.” Rush went on to attack Secretary of State Clinton for saying during a press event with the Moroccan foreign minister yesterday that the “world must come together to end the scourge of piracy,” and laughing as she was recounting America’s cooperation with Morocco in combating piracy in the early 19th century. Rush said that Clinton “warned” us all about this “3 a.m. phone call,” but both she and Obama are “inept” in their handling of this. They “don’t know what to do.”

The U.S. Government can resurrect Privateers through the Letters of Marque and Reprisal to fight pirates!

U.S. Constitution, Article 1, Section 8, Clause 11. “The Congress shall have Power . . . To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”

Codified in the U.S. CODE:

10 U.S.C. § 351. During War or Threat to National Security

(a) The President, through any agency of the Department of Defense designated by him, may arm, have armed, or allow to be armed, any watercraft or aircraft that is capable of being used as a means of transportation on, over, or under water, and is documented, registered, or licensed under the laws of the United States.

(b) This section applies during a war and at any other time when the President determines that the security of the United States is threatened by the application, or the imminent danger of application, of physical force by any foreign government or agency against the United States, its citizens, the property of its citizens, or their commercial interests.

(c) Section 16 of the Act of March 4, 1909 (22 U.S.C. 463) does not apply to vessels armed under this section.

33 U.S.C. § 387. Duties of Officers of Customs and Marshals as to Seizure

The collectors of the several ports of entry, the surveyors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section.

33 U.S.C. § 381. Use of Public Vessels to Suppress Piracy

 The President is authorized to employ so many of the public armed vessels as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchant vessels of the United States and their crews from piratical aggressions and depredations.

33 U.S.C. § 382. Seizure of Piratical Vessels Generally

The President is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas.

33 U.S.C. § 383. Resistance of Pirates by Merchant Vessels

The commander and crew of any merchant vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States.

33 U.S.C. § 384. Condemnation of Piratical Vessels

Whenever any vessel, which shall have been built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy as defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion. 

33 U.S.C. § 385. Seizure and Condemnation of Vessels Fitted Out for Piracy

Any vessel built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or from such vessel or not; and any such vessel may be adjudged and condemned, if captured by a vessel authorized as mentioned in section 386 of this title to the use of the United States, and to that of the captors, and if seized by a collector, surveyor, or marshal, then to the use of the United States.

33 U.S.C. § 386. Commissioning Private Vessels For Seizure of Piratical Vessels

The President is authorized to instruct the commanders of the public-armed vessels of the United States, and to authorize the commanders of any other armed vessels sailing under the authority of any letters of marque and reprisal granted by Congress, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title.

 

 

 

 

 

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