150 Years Ago -- No Letters of Marque

Image of Gideon Welles via Wikipedia

On Tuesday, October 1, 1861, Secretary of the Navy Gideon Welles announced that the U.S. Navy would not be issuing letters of marque.

The Confederate Navy had been using privateers to disrupt Northern shipping since the earliest days of the war.  It was state-sanctioned piracy -- letters of marque were issued to private ship captains to attack and capture enemy vessels and bring them before admiralty courts for prize money.

Privateering was a viable tactic for a weaker naval power such as the Confederacy, which had few ships and few resources to build a fleet.  Armed ships and men could be mobilized to wreck havoc on Northern commerce, drawing U.S. resources away from the blockade and other duties.  In many cases, the privateers were employed as blockade runners.


Welles kept has opinion on privateering to himself and no letters of marque were issued.  Finally, on October 1, Welles's position was revealed and made official.  His chief objection to privateering was that it would "be a recognition of the assumption of the insurgents that they are a distinct and independent nationality."

NAVY DEPARTMENT, WASHINGTON, Oct. 1, 1861.

SIR: In relation to the communication of R.B. FORBES, Esq., a copy of which was sent by you to this Department on the 16th ult., inquiring whether lettersof-marque cannot be furnished for the propeller Pembroke, which is about to be dispatched to China. I have the honor to state that it appears to me there are objections to, and no authority for, granting letters-of-marque in the present contest. I am not aware that Congress, which has the exclusive power of granting letters-of-marque and reprisal, has authorized such letters to be issued against the insurgents; and were such authorization, I am not prepared to advise its exercise, because it would, in my view, be a recognition of the assumption of the insurgents that they are a distinct and independent nationality.

Under the act of Aug. 5,1861, "supplementary to an act entitled 'An act to protect the commerce of the United States and to punish the crime of piracy,'" the President is authorized to instruct the commanders of "armed vessels sailing under the authority of any letters-of-marque and reprisal granted by the Congress of the United States, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States any vessel or boat built, purchased, fitted out, or held," &c. This allusion to letters-of-marque does not authorize such letters to be issued, nor do I find any other act containing such authorization. But the same act, in the second section, as above quoted, gives the President power to authorize the "commanders of any suitable vessels to subdue, seize," &c. Under this clause letters permissive, under proper restrictions and guards against abuse, might be granted to the propeller Pembroke, so as to meet the views expressed by Mr. FORBES. This would seem to be lawful, and perhaps not liable to the objections of granting letters-of-marque against our own citizens, and that too without law of authority from the only constituted power that can grant it.

I have the honor to transmit herewith a copy of a letter from Messrs. J.M. FORBES & Co. and others, addressed to this Department, on the same subject.

I am, very respectfully, your obedient servant, GIDEON WELLES.

Also on this date, the Confederates held a council of war at Centreville, Virginia.  Confederate President Jefferson Davis conferred with Generals Joe Johnson and Beauregard.  The Confederacy would remain on the defensive, concentrating the armies and awaiting McClelland's advance in the spring.

150 Years Ago -- Naval Contrabands

On Wednesday, September 25, 1861, Secretary of the Navy Gideon Welles laid out the naval policy on contrabands in a command to Flag Officer Samuel Du Pont, commander of the South Atlantic Blockading Squadron. 

"The Department finds it necessary to adopt a regulation with respect to the large and increasing number of persons of color, commonly known as 'contrabands.' now subsisted at the navy yards and on board ships-of-war. These can neither be expelled from the service, to which they have resorted, nor can they be maintained unemployed, and it is not proper that they should be compelled to render necessary and regular services without compensation. You are therefore authorized, when their services can be made useful, to enlist them for the naval service, under the same forms and regulations as apply to other enlistments. They will be allowed, however, no higher rating than 'boys,' at a com­pensation of ten dollars per month and one ration per day."

 

Related articles

• 150 Years Ago -- What Shall Be Done With Them? (civilwarmeanderings.blogspot.com)

150 Years Ago: Snafus

On Saturday, April 6, 1861, the U.S. government was trying to solve two snafus.  Neither was serious, and both were caused by trying to do things too quickly and not making sure that everyone involved knew what was going on.

The U.S.S. Powhatan, a strong warship, was to be part of the Fort Sumter expedition.  In fact, Secretary of the Navy Gideon Welles had specified that she be the flagship of the force.  But Secretary of State William Seward wanted the Powhatan for the Fort Pickens expedition, and he wanted Lieutenant David Porter in command.  He sent the orders to Lincoln, who signed them.  Welles was not in on the decision and tried to get the orders reversed, but Porter set sail for Pensacola.

In the end, it didn't matter.  The war would have started at Charleston harbor whether the Powhatan was there or not.

On March 12, the President had decided to reinforce Fort Pickens and the War Department had sent orders to Pensacola to land the troops aboard the Brooklyn. Then it seemed like everyone just forgot about it, assuming the orders would be carried out. But the commander of the fleet at Pensacola, Captain H. A. Adams had orders from Gideon Welles not to do anything to change the status quo there.  Adams didn't feel that orders from the War Department superceded his orders from the Department of the Navy, and refused to land the troops.

On this date, Washington finally discovered that the fort had never been reinforced.  Welles sent new orders to Adams and the troops were finally landed.

Also on this date, R. S. Chew of the State Department left for Charleston.  He was Lincoln's emissary to South Carolina Governor Francis Pickens, sent to inform him that Washington would be resupplying Fort Sumter.