Geoff here, on my spouse's computer:

Article 1, section 8 of the US Constitution discussed the above as among the US government's powers. Does the term still have validity today? As I understand it from the historical perspective, it meant legalized piracy.

quote:

As I understand it from the historical perspective, it meant legalized piracy.

Today it's called a "bailout."

Hi Geoff, alias Sunflower!

Interesting...I've not heard of it before. According to Wikipedia, it's

quote:

The formal statement of the warrant is to authorize the agent to pass beyond the borders of the nation ("marque" or frontier) and then to search, seize, or destroy an enemy's vessel or fleet. It is considered a retaliatory measure short of a full declaration of war, and, by maintaining a rough proportionality, has been intended to justify the action to other nations, who might otherwise consider it an act of war or piracy.

It almost seems like it's an excuse for piracy.

In essence, it was legalised piracy. Several holders took things to far and crossed over into out-and-out piracy.

According to that Wikipedia page their issuance was ended by signatories to the 1856 Declaration of Paris. However, the USA was not a signatory to that declaration, so could in theory still issue letters of marque.

I'm wondering whether this provision of our Constitution is what's given Presidents the "legitimate" excuse for perpetrating wars unofficially. The USA has had a long history of foreign interventions sans decleration of war. The infamous Blackwater privateers are only the latest in a long line. The term seems anachronistic, yet is still current, though not used.

Geoff - not Sunflower

Letters of marque allowed a nation to use guerrilla warfate at sea. Issued at a time when the United States didn't have a navy (after the Revolution), it allowed our armed merchant ships (privateers) to attack enemy vessels (usually similar merchant ships) while avoiding the penalties piracy would impose.
Many European countries had issued their own letters earlier in that century during undeclared hostilities.
Holders of letters sometimes continued their depradations long after hostilites ended for personal gain, resulting in their being declared pirates.