1. The somewhat barbarous custom has prevailed among nations, from early times, of making war in every possible way upon the citizens of a hostile country, and of taking or destroying their property, on the principle that injury to the citizens of the power warred against would diminish its power of defense and attack. This has been carried into effect on the sea by authorizing private vessels to be fitted out for warlike purposes and preying on the commerce of the enemy. Such authority is given by Letters of Marque and Reprisal. The Constitution confers on Congress the power to do this; and Congress authorizes the President to do it. A law was passed in 1863 expressly conveying it to him.
2. It is a formal commission given to the commander of a private armed vessel, called a privateer, authorizing him to capture the ships and goods of the subjects of a nation with which we are at war. When such letters are issued by the[317] United States they are signed by the President and sealed with the great seal. Without such commission, thus signed and sealed, any capture made by the commander of a private vessel would be piracy. If a capture is made, it must be made according to the laws of war, as recognized by civilized nations, and according to the instructions given by the President. Any conduct on the part of a privateer, contrary to these rules, would vitiate his proceedings, and he would not be entitled to the property he had captured.
3. The captured vessel is called a prize, and must be taken into some port of the United States, or ............