Those who are interested in the marine aspect of the War of 1812 are particularly fortunate in having a seminal source in: William S. Dudley and Michael J. Crawford, eds 1985 The Naval War of 1812: A Documentary History 3 vols. Washington: Naval Historical Center Department of the Navy The following extracts are taken from that work, cited by volume and page number. Privateering in the War of 1812 American privateering developed naturally from an ancient seafaring tradition pursued in England and other countries1 During the, War of 1812, as in the wars during the colonial period and Revolution, entrepreneurs, sea captains, and seamen joined company in the building, fitting out, manning, and fighting of private armed ships. These civilian warships were of all rigs and sizes, and in effect, they augmented the naval forces of the United States. The distinction usually drawn between letter of marque traders and privateers was often blurred in practice. A government-issued letter of marque and reprisal gave license to a ship ’s captain to engage in warlike acts in self defence. Some ships with such a license would carry a cargo for trade while mounting cannon for defensive purposes, but others sailed with holds filled with munitions for the sole purpose of capturing or destroying enemy merchantmen. Letter of marque traders, however, might also seek out targets of opportunity as their navigation permitted. The typical privateer ship of the War of 1812 was a fast-sailing schooner or brig out of Salem or Baltimore, heavily armed and carrying a large crew. Ship owners drafted their captains’ orders and expected that they would operate independently of other ships. Privateers did not usually choose to fight a British warship, and it was considered no disgrace to run from such an encounter when the odds were dubious. Privateering was a very speculative business venture and the taking of a heavily-laden merchantman was much more desirable than running the risk of damage or capture that could result from an attack on a man—of—war. Owners, captain, and crew shared unequally in the proceeds of a successful capture. When possible, prize crews were placed on board captured vessels, and they were directed to sail to the nearest safe port where the prizes could be libelled and condemned in an Admiralty Court proceeding. After judgment, the ship and goods were put up for sale, and the proceeds went to the owners who received a 50 percent share. The remainder was then distributed to captain, officers, and crew in accordance with articles of agreement signed before the voyage. As normal trade was either difficult or impossible during a naval war, merchants in most seaports looked to privateering as the only alternative for making profits with the ships and men at their disposal. On the other hand, seamen frequently preferred to sign on for a privateering cruise than to enlist in the navy for longer terms, lower pay, and stricter discipline. Under the circumstances, it is understandable that there was an enthusiastic response to Congress’ prompt action in passing a law to encourage and to govern privateering in June1812. The document that follows is an extract from the law that details the procedures for privateering. Within days of the publication of the act, privateers put to sea, anticipating an active and profitable summer.
1 . Some classic works on early American privateering are J. Franklin Jameson, ed., Privateering and Piracy in the Colonial Period (New York, 1923; reprint ed., 1970) and Howard M. Chapin`s Privateer Ships and Sailors, the First Century of American Colonial Privateering,1625-l725 (Toulon, France, 1926), Rhode Island Privateers in King George`s War, l739-1748 (Providence, 1926), and Privateering in King Georges War, 1739-1748 (Providence, 1928). A popular account of privateering from colonial times through the War of 1812 is Edgar Stanton Maclay’s A History of American Privateers (New York, 1899). William James Morgan`s"American Privateering in America ’s War for Independence, 1 775-1783" in The American Neptune XXX VI, No. 2 (Apr, 1976) provides a recent assessment of the state of research on the subject and questions Maclay's sweeping assertions. There are few specific works dealing with privateering during the War of 1812, but the contemporary George Coggeshall, a privateersman himself provided the colourful History of the American Privateers, and Letters-of-Marque, during Our War with England in the years 1812, ‘l5 and ’l4 (New York, 1861) and Jerome R. Garitee's The Republics Private Navy: The American Privateering Business as Practiced b yBaltimore during the War of l8l2 (Middletown, Conn., 1977) is an excellent history of urban business and seafaring during the war.
"AN Act concerning Letters of Marque, Prizes, and Prize Goods" [Extract] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That the President of the United States shall be, and he is hereby authorized and empowered to revoke and annul at pleasure all letters of marque and reprisal which he shall or may at any time grant pursuant to an act entituled “An act declaring war between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories." Sec. 2 . And be it further enacted, That all persons applying for letters of marque and reprisal, pursuant to the act aforesaid, shall state in writing the name and a suitable description of the tonnage and force of the vessel, and the name and place of residence of each owner concerned therein, and the intended number of the crew; which statement shall be signed by the person or persons making such application, and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State. Sec. 3 . And be it further enacted , That before any commission of letters of marque and reprisal shall be issued as aforesaid, the owner or owners of the ship or vessel for which the same shall be re-quested, and the commander thereof, for the time being, shall give bond to the United States, with at least two responsible sureties, not interested in such vessel, in the penal sum of five thousand dollars; or if such vessel be provided with more than one hundred and fifty men, then in the penal sum of ten thousand dollars; with condition that the owners, officers, and crew, who shall be employed on board such commissioned vessel, shall and will 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 will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel, during her commission, and to deliver up the same when revoked by the President of the United States. Sec. 4 . And be it further enacted, That all captures and prizes of vessels and property, shall be forfeited and shall accrue to the owners, officers and crews of the vessels by whom such captures and prizes shall be made; and on due condemnation had, shall be distributed according to any written agreement which shall be made between them; and if there be no such agreement, then one moiety to the owners, and the other moiety to the officers and crew, to be distributed between the officers and crew as nearly as may be ,according to the rules prescribed for the distribution of prize money, by the act entituled "An act for the better government of the navy of the United States," passed the twenty-third day of April, one thou-sand eight hundred .... Sec. 12 . And be it further enacted, That the commanders of vessels having letters of marque and reprisal as aforesaid, neglecting to keep a journal . . . or wilfully making fraudulent entries therein, or obliterating any material transactions therein, where the interest of the United States is in any manner concerned, or refusing to produce such journal, commission or certificate, pursuant to the preceding section of this act, then and in such cases, the commissions or letters of marque and reprisal of such vessels, shall be liable to be revoked; and such commanders, respectively shall forfeit for every such offence the sum of one thousand dollars, one moiety thereof to the use of the United States, and the other to the informer .... Sec. 13 . And it be further enacted, That the owners or commanders of vessels having letters of marque and reprisal as afore said, who shall violate any of the acts of Congress for the collection of the revenue of the United States and for the prevention of smuggling, shall forfeit the commission or letters of marque and reprisal, and they and the vessels owned or commanded by them, shall be liable to all the penalties and forfeitures attaching to merchant vessels in like cases .... Sec. 15 . And be it further enacted, That all offences com-mitted by any officer or seaman on board any such vessel, having letters of marque and reprisal, during the present hostilities against Great Britain, shall be tried and punished in such manner as the like offences are or may be tried and punished when committed by any person belonging to the public ships of war of the United States: Provided always, that all offenders who shall be accused of such crimes as are cognizable by a court martial, shall be confined on board the vessel in which such offence is alleged to have been committed, until her arrival at some port in the United States or their territories; or until she shall meet with one or more of the public armed vessels of the United States abroad, the officers whereof shall be sufficient to make a court martial for the trial of the accused; and upon application made, by the commander of such vessel, on board of which the of-fence is alleged to have been committed, to the Secretary of the Navy, or to the commander or senior officer of the ship or ships of war of the United States abroad as aforesaid, the Secretary of the Navy, or such commander or officer, is hereby authorized to order a court-martial of the officers of the navy of the United States, for the trial of the accused, who shall be tried by the said court .... Sec. 17 . And be it further enacted, That two per centum on the net amount (after deducting all charges and expenditures) of the prize money arising from captured vessels and cargoes, and on the net amount of the salvage of vessels and cargoes recaptured by the private armed vessels of the United States, shall be secured and paid over to the collector or other chief officer of the customs at the port or place in the United States, at which such captured or recaptured vessels may arrive; or to the consul or other public agent of the United States residing at the port or place, not within the United States, at which such captured or recaptured vessels may arrive. And the monies arising there from, shall be held and hereby is pledged by the government of the United States as a fund for the support and maintenance of the widows and orphans of such persons as may be slain; and for the support and maintenance of such persons as may be wounded and disabled on board of the private armed vessels of the United States, in any engagement with the enemy, to be assigned and distributed in such manner as shall hereafter by law be provided. Approved, June 26, 1812. Peters, Public Statutes at Large, II: 759—60, 762-64. Vol.1 pages 166-170. |