American Privateers Could Make War on the Cartels – Cameron Curtis
Private Contractors May Target Cartels
Erik Prince, founder of the Blackwater private military company (later sold to private investors and renamed Academi), and Senator Mike Lee (R. Utah), have proposed that private contractors be tasked with targeting cartels. This activity would be legitimized by issuing Letters of Marque to PMCs. Issuance of such commissions is a practice dating back hundreds of years. Letters of Marque are instruments issued by a state to private parties, historically naval vessels and their crews, to raid enemy shipping. Such operators were called “privateers.” Letters of Marque could just as easily be issued to privateers to raid enemy forts or convoys on land or sea. The extension to the smuggling activities of Mexican drug cartels seems natural.
Early Privateers
In 1572, Queen Elizabeth I commissioned Sir Francis Drake as a privateer to attack and plunder Spanish ports in the Caribbean. The Spanish called him El Draque, The Dragon, after his reputation for aggressive and ruthless operations. In England, he was considered a hero.
What sets a privateer apart from a pirate? Privateers are authorized by a state to operate against the enemy. They are granted a share of the spoils of war. Pirates are outlaws and operate against any target of opportunity, regardless of state.
On September 17, 1812, President Madison signed a Letter of Marque authorizing the American schooner Patapsco to operate against the British. There is ample precedent for the government of the United States to grant private operators authority to attack its enemies.
A Letter of Marque
This is the Letter of Marque issued to the schooner Patapsco during the War of 1812. It is purposeful to examine the letter in order to determine key features that need to be considered. I have highlighted these in bold.
JAMES MADISON, President of the United States of America. TO ALL WHO SHALL THESE PRESENTS, GREETING:
Private Contractors May Target Cartels
Erik Prince, founder of the Blackwater private military company (later sold to private investors and renamed Academi), and Senator Mike Lee (R. Utah), have proposed that private contractors be tasked with targeting cartels. This activity would be legitimized by issuing Letters of Marque to PMCs. Issuance of such commissions is a practice dating back hundreds of years. Letters of Marque are instruments issued by a state to private parties, historically naval vessels and their crews, to raid enemy shipping. Such operators were called “privateers.” Letters of Marque could just as easily be issued to privateers to raid enemy forts or convoys on land or sea. The extension to the smuggling activities of Mexican drug cartels seems natural.
Early Privateers
In 1572, Queen Elizabeth I commissioned Sir Francis Drake as a privateer to attack and plunder Spanish ports in the Caribbean. The Spanish called him El Draque, The Dragon, after his reputation for aggressive and ruthless operations. In England, he was considered a hero.
What sets a privateer apart from a pirate? Privateers are authorized by a state to operate against the enemy. They are granted a share of the spoils of war. Pirates are outlaws and operate against any target of opportunity, regardless of state.
On September 17, 1812, President Madison signed a Letter of Marque authorizing the American schooner Patapsco to operate against the British. There is ample precedent for the government of the United States to grant private operators authority to attack its enemies.
A Letter of Marque
This is the Letter of Marque issued to the schooner Patapsco during the War of 1812. It is purposeful to examine the letter in order to determine key features that need to be considered. I have highlighted these in bold.
JAMES MADISON, President of the United States of America. TO ALL WHO SHALL THESE PRESENTS, GREETING:
BE IT KNOWN, That in pursuance of an Act of Congress passed on the eighteenth day of June one thousand eight hundred and twelve, I have commissioned, and by these presents do commission, the private armed Schooner called the Patapsco of the burthen of 159 tons, or thereabouts, owned by Andrew Clopper, Levi Hollingsworth, Amos A. Williams and Henry Fulford of the City of Baltimore … mounting 6 carriage guns, and navigated by 40 men, hereby authorizing James M. Mortimer Captain, and William Ross Lieutenant of the said schooner Patapsco and the other officers and crew thereof to subdue, seize and take any armed or unarmed British vessel, public or private, which shall be found within the jurisdictional limits of the United States or elsewhere on the high seas, or within the waters of the British dominions, and such captured vessel, with her apparel, guns and appurtenances, and the goods and effects which shall be found on board the same, together with the British persons and others who shall be acting on board, to bring within some port of the United States; and also to retake any vessel, goods and effects of the people of the United States, which may have been captured by any British armed vessel, in order that proceedings may be had concerning such capture or recapture in due form of law, and as to right and justice shall appertain. The said James M. Mortimer is further authorized to detain, seize and take all vessels and effects, to whomsoever belonging, which shall be liable thereto according to the Law of Nations and the rights of the United States as a power at war, and to bring the same within some port of the United States in order that due proceedings may be had thereon. This commission to continue in force during the pleasure of the President of the United States for the time being.
Given under my hand and seal of the United States of America, at the city of Washington, the 17 day of September in the year of our Lord, one thousand eight hundred and 12 and of the Independence of the said states the Thirty seven.
By the President James Madison [signature] James Monroe Secretary of State [signature]
Notice that the Letter of Marque is issued by the President of the United States, pursuant to an Act of Congress, passed on June 18, 1812. It would be purposeful to determine whether that Act of Congress is still in effect. If the act has not been repealed, then President Trump could issue Letters of Marque pursuant to that act.
Figure 1 is another Letter of Marque issued by President Madison to the Schooner Lucy, two years later.
Figure 1. Letter of Marque issued by President Madison to the schooner Lucy in 1814.
Modern Privateers
Senator Mike Lee (R. Utah) pointed out that Congress has the authority under the constitution (Article 1, Section 8, Clause 11) to declare war and issue Letters of Marque. Note that it is worthwhile to check the letter issued to the Patapsco, discussed above. The question is whether or not Congress has delegated (by the Act of Congress passed June 18, 1812) the authority to issue Letters of Marque to the president. This would make total sense – Congress would not issue multiple letters. Rather, they would delegate such authority to the president, with certain restrictions spelled out in the Act. The letter to the Lucy, shown in Figure 1, does not include reference to the June 18, 1812, Act of Congress.
The objective of modern privateer operations would be to interdict cartel smuggling operations, attack drug warehouses and manufacturing plants, and confiscate products and assets belonging to the cartels. The privateers would be allowed to keep a portion of the value of the assets they recovered. This incentive could, of course, lead to complications.
Prize Courts
The pecuniary incentive attached to such operations means the nature of the assets recovered and their valuation are hot-button issues. Obviously, captured drugs cannot be sold and are typically destroyed. However, it is likely that PMC operations would recover other assets – cash, gold, cryptocurrency, art, yachts, sports cars, weapons – the list is almost endless. The value of these assets would have to be determined, a liquidation process agreed, PMC entitlement determined, and shares disbursed. These are the functions of Prize Courts.
Conclusion
Senator Lee published his thoughts about Letters of Marque on Twitter/X. The idea was wholeheartedly supported by Donald Trump Jr. and seconded by Elon Musk. This video discusses Letters of Marque as proposed by Senator Lee and endorsed by Donald Trump Jr.
Figure 2. Donald Trump Jr.’s post on X endorsing Senator Lee’s proposal
The war on the cartels is shaping up to be a massive effort, involving Border Patrol, state National Guards, and regular Army. Privateers – PMCs operating under Letters of Marque – could contribute. Letters of Marque would introduce complications that need to be addressed, but the letters themselves look like flexible commissions that can be written to include strict rules of engagement. A modern Letter of Marque will almost certainly be much more involved than that signed by Madison in Figure 1 and would look more like a PMC contract.
Cameron Curtis has spent thirty years in the financial markets as a trader and risk manager. He was on the trade floor when Saddam’s tanks rolled into Kuwait, when the air wars opened over Baghdad and Belgrade, and when the financial crisis swallowed the world. He’s studied military affairs and warfare all his adult life. His popular Breed series of military adventure thrillers are admired for combining deep expertise with propulsive action. The premises are realistic, the stories adrenaline-fuelled and emotionally engaging.
