CHAPTER XXIX. LETTERS OF MARQUE AND REPRISAL.

 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 defense¹ and attack.

This has been carried into effect on the sea by authorizing² private vessels⁴ to be fitted out for warlike purposes and preying⁵ on the commerce of the enemy. Such authority is given by Letters of Marque and Reprisal⁶. The Constitution confers on Congress the power to do this; and Congress authorizes⁷ 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 vessel³, 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 piracy⁸. If a capture is made, it must be made according to the laws of war, as recognized by civilized⁹ 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 proceedings¹⁰, 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 into some port of a country in amity¹¹ with the United States, where legal proceedings are taken before some court of competent jurisdiction¹²; and the capture and all the circumstances of it inquired into; and if all is found to have been done according to the laws of civilized nations, the captured vessel and cargo¹³ is condemned¹⁴ as a prize. But if not condemned, the captors lose her. When adjudged to be a lawful¹⁵ prize, the ship and cargo are sold, and the money is divided between the officers and men, according to rank, and according to the laws of Congress on this subject. These laws give the whole to the captors, when the ship taken is of equal or superior force to the ship making the capture; but if of inferior force, then the United States takes one-half.

4. Privateering, as this business is called, was once considered a lawful and honorable mode of warfare¹⁶. It was generally practiced between belligerent¹⁷ nations; but in later days its propriety¹⁸ and morality have been questioned. It is beginning to be looked upon as a kind of robbery not very distantly related to piracy. That it is robbery no one can deny, and, query¹⁹, “Can it be justified²⁰ on the ground that the robber and the robbed are the subjects of nations at war with each other?”

5. In Europe an effort has been made to do away with this species of warfare. We hope it will yet succeed, and that all nations will agree to abolish this system of plunder²¹. Innocent parties are generally the sufferers, while but small injury is done to the power of the hostile nation.

1 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

2 authorizing   

授权，批准，委托( authorize的现在分词 )

参考例句：

• Letters of Marque: Take letters from a warning friendly power authorizing privateering. 私掠许可证：从某一个国家获得合法抢劫的证书。
• Formal phavee completion does not include authorizing the subsequent phavee. 阶段的正式完成不包括核准随后的阶段。

3 vessel   

n.船舶；容器，器皿；管，导管，血管

参考例句：

• The vessel is fully loaded with cargo for Shanghai.这艘船满载货物驶往上海。
• You should put the water into a vessel.你应该把水装入容器中。

4 vessels   

n.血管( vessel的名词复数 )；船；容器；（具有特殊品质或接受特殊品质的）人

参考例句：

• The river is navigable by vessels of up to 90 tons. 90 吨以下的船只可以从这条河通过。 来自《简明英汉词典》
• All modern vessels of any size are fitted with radar installations. 所有现代化船只都有雷达装置。 来自《现代汉英综合大词典》

5 preying   

v.掠食( prey的现在分词 )；掠食；折磨；（人）靠欺诈为生

参考例句：

• This problem has been preying on my mind all day. 这个问题让我伤了整整一天脑筋。 来自《简明英汉词典》
• For a while he let his eyes idly follow the preying bird. 他自己的眼睛随着寻食的鸟毫无目的地看了一会儿。 来自辞典例句

6 reprisal   

n.报复，报仇，报复性劫掠

参考例句：

• There is no political alternative but a big reprisal.政治上没有旁的选择只能是大规模报复。
• They bombed civilian targets in reprisal.他们炮轰平民目标作为报复。

7 authorizes   

授权，批准，委托( authorize的名词复数 )

参考例句：

• The dictionary authorizes the two spellings 'traveler' and 'traveller'. 字典裁定traveler和traveller两种拼法都对。
• The dictionary authorizes the two spellings "honor" and "honour.". 字典裁定 honor 及 honour 两种拼法均可。

8 piracy   

n.海盗行为，剽窃，著作权侵害

参考例句：

• The government has already adopted effective measures against piracy.政府已采取有效措施惩治盗版行为。
• They made the place a notorious centre of piracy.他们把这地方变成了臭名昭著的海盗中心。

9 civilized   

a.有教养的，文雅的

参考例句：

• Racism is abhorrent to a civilized society. 文明社会憎恶种族主义。
• rising crime in our so-called civilized societies 在我们所谓文明社会中日益增多的犯罪行为

10 proceedings   

n.进程，过程，议程；诉讼(程序)；公报

参考例句：

• He was released on bail pending committal proceedings. 他交保获释正在候审。
• to initiate legal proceedings against sb 对某人提起诉讼

11 amity   

n.友好关系

参考例句：

• He lives in amity with his neighbours.他和他的邻居相处得很和睦。
• They parted in amity.他们很友好地分别了。

12 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

13 cargo   

n.(一只船或一架飞机运载的)货物

参考例句：

• The ship has a cargo of about 200 ton.这条船大约有200吨的货物。
• A lot of people discharged the cargo from a ship.许多人从船上卸下货物。

14 condemned   

adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词

参考例句：

• He condemned the hypocrisy of those politicians who do one thing and say another. 他谴责了那些说一套做一套的政客的虚伪。
• The policy has been condemned as a regressive step. 这项政策被认为是一种倒退而受到谴责。

15 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

16 warfare   

n.战争(状态)；斗争；冲突

参考例句：

• He addressed the audience on the subject of atomic warfare.他向听众演讲有关原子战争的问题。
• Their struggle consists mainly in peasant guerrilla warfare.他们的斗争主要是农民游击战。

17 belligerent   

adj.好战的，挑起战争的；n.交战国，交战者

参考例句：

• He had a belligerent aspect.他有种好斗的神色。
• Our government has forbidden exporting the petroleum to the belligerent countries.我们政府已经禁止向交战国输出石油。

18 propriety   

n.正当行为；正当；适当

参考例句：

• We hesitated at the propriety of the method.我们对这种办法是否适用拿不定主意。
• The sensitive matter was handled with great propriety.这件机密的事处理得极为适当。

19 query   

n.疑问，问号，质问；vt.询问，表示怀疑

参考例句：

• I query very much whether it is wise to act so hastily.我真怀疑如此操之过急地行动是否明智。
• They raised a query on his sincerity.他们对他是否真诚提出质疑。

20 justified   

a.正当的，有理的

参考例句：

• She felt fully justified in asking for her money back. 她认为有充分的理由要求退款。
• The prisoner has certainly justified his claims by his actions. 那个囚犯确实已用自己的行动表明他的要求是正当的。

21 plunder   

vt.劫掠财物，掠夺；n.劫掠物，赃物；劫掠

参考例句：

• The thieves hid their plunder in the cave.贼把赃物藏在山洞里。
• Trade should not serve as a means of economic plunder.贸易不应当成为经济掠夺的手段。