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Marque

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

LETTER OF. Permission granted by one ruler to make reprisals on the country of another ruler, with particular reference to the apprehension of the latter's subjects within the march or limit of the former's country. Marque and reprisal. Reprisal: taking in return; marque: passing the "frontier" to do so. Letters of marque and reprisal are grantable by the law of nations whenever the subjects of one state are injured by those of another and justice is denied by the state to which the oppressor belongs. By virtue of such commission the bodies and goods of subjects of the offending state may be seized until satisfaction is made, wherever they happen to be found. The custom is dictated by nature herself; but in society, that the private sufferer should not be left to act as judge in his own cause, the sovereign power is called upon to determine when reprisals may be made. A private armed vessel or privateer is a vessel owned and officered by private persons, but acting under a commission from the state, usually called letters of marque: originally, letters of license to go across the boundary and make reprisals. "The Congress shall have Power.. to grant Letters of Marque and Reprisal." "No State shall.. grant Letters of Marque and Reprisal."