War of 1812
American "Privateer" War of 1812 Commission Document
c. 1812, War of 1812 Period, Partially-Printed, Privateer Ship (Private Armed Naval Vessel) Commission Document, Unissued, Choice Very Fine.
Rare original Printed Document Form in deep black text on quality watermarked laid period paper, not issued and unaccomplished, 1 page, folio, measuring 7.75" by 12.5" for the Commissioning a American Privateer Ship's application by its Owner(s). This Document reads:
"Know all Men by these presents, - THAT WE ________ Owner(s)__ of the private armed vessel of ________ men and ________Commander of the same ______________________ are held and firmly bound to the United States of America, in the penal sum of ____________ thousand dollars, money of the United States, to the payment whereof we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, Wit-ness our hands and seals this _________ day of _________ in the year of our Lord 18___.
The condition of the above obligation is such, that whereas the President of the United States hath this day commissioned the said private armed vessel as a letter of marquee and reprisal; now if the owner, officers and crew of the said armed vessel shall observe the treaties and laws of the United States, and the instructions which shall be given them according to law for the regulation of their conduct, and satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel during her commission, and deliver up the same when revoked by the President of the United States, then this obligation shall be void, and otherwise remain in full force. -- (Signatures) -- Signed, sealed and delivered in the presence of us. - (Signatures)"
In wartime, most maritime countries used such Privately Owned Vessels as an informal adjunct to their own "official" Naval forces. The United States, in allowing civilian ship owners to capture enemy craft and sell them and their contents on the open market for personal profit did, at any rate, engage all possible naval military vessels at a time when Congress did not have the power or authority to requisition them. An extremely rare official American Privateer, Private Armed Naval Vessel form. It is the Only Example of this form we have offered. Ex: EAHA Auction December 5, 2009, Lot 196 and sold for $1,770.
Provenance: Collection of Ambassador J. William Middendorf II.
In the War of 1812, American privateers played a major role, as armed merchant ships sailing from American ports attacked, seized, or destroyed a great many British merchant ships.
The American privateers actually did much more damage to British shipping than the U.S. Navy, which was greatly outnumbered and outgunned by Britain's Royal Navy. Some American privateer captains became heroes during the War of 1812, and their exploits were celebrated in American newspapers.
Privateers sailing from Baltimore, Maryland were especially aggravating to the British. London newspapers denounced Baltimore as a "nest of pirates." The most significant of the Baltimore privateers was Joshua Barney, a naval hero of the Revolutionary War who volunteered to serve in the summer of 1812 and was commissioned as a privateer by President James Madison.
The use of privateers was considered an important, if not essential, part of naval warfare in the late 1700s when the United States Constitution was written.
And the legal basis for privateers was included in the Constitution, in Article I, Section 8. That section, which includes a lengthy list of Congressional powers, includes: "To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."
The use of letters of marque was specifically mentioned in the Declaration of War signed by President James Madison and dated June 18, 1812:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That war be and is hereby declared to exist between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories; and the President of the United States is hereby authorized to use the whole land and naval force of the United States, to carry the same into effect, and to issue private armed vessels of the United States commissions or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects of the government of the said United Kingdom of Great Britain and Ireland, and the subjects thereof.
Recognizing the importance of privateers, President Madison personally signed each commission. Anyone seeking a commission had to apply to the secretary of state and submit information about the ship and its crew.
The official paperwork, the letter of marque, was extremely important. If a ship was captured on the high seas by an enemy ship and could produce an official commission, it would be treated as a combatant vessel and the crew would be treated as prisoners of war.
Without the letter of marque, the crew could be treated as ordinary pirates and hanged.