Every year or so, I run across proposals for Congress to issue Letters of Marque and Reprisal, something it has the power to do under Article 1 Section 8 of the US Constitution, most recently in the context of the war in Ukraine. All of these proposals are stupid on many levels, although explaining why will require an explanation of the history of such letters, both why they existed and why they're obsolete and shouldn't be used again.

A letter of marque is at its core a document that grants its holder the power to seek out and capture enemy vessels as prizes, a power normally reserved for commissioned warships. Without a letter of marque, a private vessel doing this would be a pirate, and even with said letter, it's not just "finders keepers". The prize has to be sent into a port to be condemned by an Admiralty Court as a legitimate prize. If it wasn't judged to be a proper capture, the ship would be released back to its owners, although the details of how this was done are outside the scope of this post. Read more...
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