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Letters of Marque and Reprisal (Part 1):
Introduction and Historical Context
February 26, 2025
Article I, Section 8, Clause 11 of the Constitution authorizes Congress to grant letters of Marque and
Reprisal[,] which are instruments that permit private citizens to seize enemy vessels and their cargos and
crew. This Sidebar is part of a two-part series that discusses Congress's power over these instruments.
This installment provides an overview of letters of marque and reprisal and places them in historical
context. CRS Legal Sidebar LSB11273, Letters ofMarque and Reprisal (Part 2): Drafting History and
US. Practice, by Steve P. Mulligan examines the instruments' role in the drafting of the Constitution,
discusses their rise and decline in U.S. practice, and outlines proposals to revive use of the instruments in
modem contexts.
Overview of Letters of Marque and Reprisal
Letters of marque and reprisal were once common tools for countries with small naval forces to augment
their militaries by drawing upon the strength of their private merchant vessels. As a young country, the
United States used the instruments with success in several early conflicts, including the Revolutionary
War and the War of 1812. Over the course ofthe 19th century, however, commissioning private parties to
use armed force fell out of favor in domestic and international practice, and Congress has not authorized a
President to issue the instruments since the Civil War. (See CRS Legal Sidebar LSB11273, Letters of
Marque and Reprisal (Part 2): Drafting History and US. Practice.)
During the era when the United States used letters of marque and reprisal, Congress historically
authorized the President to issue the instruments, subject to statutorily defined requirements and
conditions, rather than issue instruments directly from the legislative branch. Individual states, by
contrast, are prohibited from issuing the instruments under Article I, Section 10 of the Constitution.
The Framers of the Constitution placed the Marque and Reprisal Clause between provisions that authorize
Congress to declare war and to make Rules concerning Captures on Land and Water. These three
authorities are interrelated and can function together. For instance, in conjunction with declaring war,
Congress might authorize letters of marque and reprisal allowing private ship-owners to assist the war
effort by targeting enemy vessels, as it did in the War of 1812. Holders of those letters could then capture
enemy vessels and bring them into port to be condemned and sold as prizes of war. Using its authority to
Congressional Research Service
https://crsreports.congress.gov
LSB11272
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govespe0001&div=1&collection=&method=preview&ext=.png&size=3)