Wow.A privateer has the endorsement of a government and presumably targets only that government's enemies while a pirate is purely freelance and targets anyone who looks profitable.
A privateer has the endorsement of a government and presumably targets only that government's enemies while a pirate is purely freelance and targets anyone who looks profitable.
Well, the Constitution is not written in specific legal language for the most part. This was intentional. There were lawyers at the convention and the people drafting the document had a rock solid foundation in Common Law. Like it or not, it was intentionally written in general language so that it could be a living document. Power to interpret was given to the courts.
Many of the later amendments were written with some specific legal language. The first 10 were not.
The courts have decided that there is a line on the second amendment that you do not cross. It could be nuclear weapons, chemical weapons, high explosive weapons, etc. Right now the line is at machine guns that have not been grandfathered to the 1986 cutoff.
Yup, essentially state sponsored terrorism of merchant vessels. Plausible deniability was the order of the day.
Not quite true.Sure it would but within parameters that are reasonable to believe. An 18th century government permitting the private ownership, let alone monopoly on operating a large ship of the line is just not something reasonable to believe. IMHO, YMMV.
Nom de Forum posted - Sure it would but within parameters that are reasonable to believe. An 18th century government permitting the private ownership, let alone monopoly on operating a large ship of the line is just not something reasonable to believe. IMHO, YMMV.
Not quite true.
During the American War of Independence, there were several privateers ships that were of the size and armed in such a way that they would have been classed as Frigates. The Rattlesnake was one such, she mounted 22 cannon.
Did you notice the word “large” in my statement “An 18th century government permitting the private ownership, let alone monopoly on operating a large ship of the line is just not something reasonable to believe”? If you recall their were six classes of ship of the line. It is reasonable to conclude 1st, 2nd, and 3rd rates were considered the large half. Not a single ship you listed that was used at the time of the Revolution and the years until the end of the War of 1812 would be considered more than a 5th rate (small) ship of the line because of its small number of guns and tonnage. Even one of the largest of American privateers, the Caesar, which you did not mention could only be classed as small 5th rate or big 6th rate because of its tonnage (600 tons) would be considered 6th rate because it only had 26 guns. You can list the statistics of tonnage and number of guns of all the American privateers you want and not a one of them is going to be the equivalent of a large (1st rate 100+ guns, 2nd rate 90+ guns, or 3rd rate 80+ guns) ship of the line.
The second thing that shows that the Founding Fathers were in support of military grade ships in private hands was the fact that they decommissioned the entire Navy after the War of Independence, not one ship remained in commission. The idea of to create a a new "Navy of the United States", had been brought up twice (1786 and 1791) before being approved in 1794 by a vote of 50 to 39 in the House of Representatives. Almost half did not want a standing Navy as, they argued, "...a force of privately owned ships, commissioned in times of need, will suffice...."
money, Money, MONEY. You forgot about the money. More on that later. The only “military grade” a.k.a. purpose built warships the Founding Fathers and early leaders of the U.S.A. supported financially were the ones they end up building for the newly established U.S.N. in 1794 and the few “gifts” in use by the Continental Navy that preceded it. politics, Politics, POLITICs. You forgot about the politics. More on that later.
In 1812, such a force of privately own commerce raiders was commissioned, and again, there were several were large enough to be classed as frigates. The Prince de Neufchatel - 18 guns, Warrior - 22 guns, Yorktown - 18 guns, Thorn - 18 guns, Saratoga- 16 guns; these I have listed were armed with good sized carronades, 12, 18 or 24 pounders. (The main reason carronades were employed as opposed to cannon was the lack of cannon, not so much ship size).
All the ships listed above could not be classified as frigates. Too few of guns and to small in tonnage, Prince de Neufchatel for example was only 300 tons. While availability of guns may have had some influence on armament the use of carronades was due more to them being much lighter for these Sloops of War size ships to carry and short range fire power. Big guns weighing more than twice as much and having much greater recoil as much as a smaller but larger poundage carronade using 25% less powder cause stability and other ship management problems on warships due to weigh and recoil. A smaller number of large bore carronades could match the weight of fire of many more numerous smaller bore guns but not the range. The 40+ gun/carronade armed Frigate USS Essex was captured by the Royal Navy because of too much reliance on carronades. The Essex had to surrender or be pulverized by long range gun fire.
As a side note the US Navy never commissioned a true "Ship-of-the-Line" until 1814, after the War of 1812, then almost immediately in 1822 placed in "ordinary" (mothballs) then in 1836 cut her down to a single deck ship and de-rated her as a "Large Frigate" (USS Independence). (bold added for emphasis by NdF) The next Ship-of-the-Line (USS Washington) was launched in 1815, then placed in ordinary in 1820.
Cutting down a warship was not something particularly extraordinary, it had be done at least since the 16th century. The Royal Navy did it numerous times before and after the War of 1812. The practice was know as creating a "Razee". It was done for several reasons, none of which was because there was no reason to possess any large 1st, 2nd, or 3rd rate ships of the line. Ships were selected to razeed because they were considered unsuited for there previous use and deemed capable for a new use. Other ships that did not meet the criteria to become a Razee became barracks, schools, storage for supplies, prison hulks, or scrapped.
The US Navy never had much use for "ships-of-the-line", we only built nine, and averaged less than 7 years active service. And those that saw longer service, were laid down in the years immediately after the War of 1812 and commissioned into service during the 1861- 1865 period....
Until the War Between the States, about 90% of the US Navy's warship strength was under 28 guns. (and many of the Frigates were privately constructed and donated to the US Government. Study the USS Philadelphia (1799), Adams, (1798), Baltimore (1798), etc, sometimes called Subscription ships.
I would like to add that the whole idea of the US in the early 19 Century was that there was to be NO standing Army or Navy. These functions were to be handled through private enterprise in times of need. The problem was, and showed up in spades in 1812 was there was a lead time of nine to ten months for building such a "navy" and training such an "army". The only reason there were a good number of privateers in the early days of the War of 1812 was in 1807 there was a war scare after the Chesapeake-Leopard Incident that prompted building of warship class privateers on speculation....
Here is the part about money and politics. There was little of the former and little support in the latter to build large ships of the line. Neither the Revolutionary or post revolutionary governments had the money to spend on large ships of the line. Until the time of the War of 1812 the geopolitical situation did not inspire much political support to spend money, even if it was available, on large ships of the line. Most of the hostile actions at sea were from smaller ships from Britain, France, and Barbary Pirates. After the War of 1812 the need for the U.S. to have large ships of the line was still a difficult political argument to make. The threat that may require them in many ways was nearly completely eliminated. Neither Britain, France, or Spain was in any position monetarily or politically to support a naval war with the U.S. Despite the lack of real threat after the War of 1812 and even during the darkest days of the Revolutionary War and uneasy peace afterwards until 1812, I don't think any American Navy, Revolutionary or U.S.N., would have refused having a few large 1st and 2nd rate ships of the line if funding and manpower were not a problem.
So while all the above that you have written Lysanderxiii may be interesting fact and opinion, none of it refutes my earlier opinion that no government, due to the demands of realpolitik, is going to tolerate private ownership, let alone a monopoly private ownership, in the 18th century and early 19th century of the only existing WMD, the large ship of the line. Governments have never tolerated individuals owning and controlling weapons overwhelmingly more powerful than what they possess. Please point out to me where in history a government has.
Interesting. That would mean all of your comments about Ships of the Line, 1st & 2nd class, etc. didn't apply to any of the American ships during and after the Revolutionary War. That's not something that was at all obvious from your previous comments although it would seem that it is quite pertinent.Not a single ship you listed that was used at the time of the Revolution and the years until the end of the War of 1812 would be considered more than a 5th rate (small) ship of the line because of its small number of guns and tonnage. Even one of the largest of American privateers, the Caesar, which you did not mention could only be classed as small 5th rate or big 6th rate because of its tonnage (600 tons) would be considered 6th rate because it only had 26 guns. You can list the statistics of tonnage and number of guns of all the American privateers you want and not a one of them is going to be the equivalent of a large (1st rate 100+ guns, 2nd rate 90+ guns, or 3rd rate 80+ guns) ship of the line.
That's a strawman. I don't see anyone who claimed that the Founding Fathers were in favor of individuals owning and controlling weapons overwhelmingly more powerful than what the "American military" possessed and operated. But they clearly did tolerate and were in favor of individuals owning and controlling weapons just as powerful as what the nation possessed and operated. For the very simple reason that in the beginning (as is evidenced by the very clear wording of the 2nd Amendment) the intention was that the arms of the people would be the arms of the nation if that became a necessity.Governments have never tolerated individuals owning and controlling weapons overwhelmingly more powerful than what they possess.
Obfuscation, obfuscation, obfuscation...money, Money, MONEY. ... politics, Politics, POLITICs.
Interesting. That would mean all of your comments about Ships of the Line, 1st & 2nd class, etc. didn't apply to any of the American ships during and after the Revolutionary War. That's not something that was at all obvious from your previous comments although it would seem that it is quite pertinent.
Yaa I think you need to review my posts beginning a #39 and paying particular attention to #48.
That's a strawman. I don't see anyone who claimed that the Founding Fathers were in favor of individuals owning and controlling weapons overwhelmingly more powerful than what the "American military" possessed and operated. But they clearly did tolerate and were in favor of individuals owning and controlling weapons just as powerful as what the nation possessed and operated. For the very simple reason that in the beginning (as is evidenced by the very clear wording of the 2nd Amendment) the intention was that the arms of the people would be the arms of the nation if that became a necessity.
I don't see any strawman. I see people who appear to believe the Founding Fathers believed any single individual should be able own a single weapon that could pose an overwhelming threat to the government. Sorry but I am not gullible enough for anyone to convince me of that. What government leaders do to preserve government power has not changed that much in 200+ years. I also don't believe any of the privateer vessels were as powerful, a small few were nearly as powerful, as the best Continental Navy and U.S. Navy warships. The vast majority were greatly less powerful. Please tell me which specific privateer vessels were as powerful let alone more powerful.
It wouldn't really make sense under that paradigm to talk about a citizen owning/operating something more powerful than the "American military" did because he was part of the military (militia, if you will) in a very real sense.Obfuscation, obfuscation, obfuscation...
What you label Obfuscation I label the Bottom Line.
Look, all of that may be true, but it's not particularly relevant. Your own comments make it clear that, all of the minutia and trivia notwithstanding, private citizens owned and operated instances of the most powerful class of weapons that fought on the side of the colonies during the general timeframe that the 2nd Amendment was crafted. And that they did so with the full knowledge and approval of the Founding Fathers.
Sorta what I said in the beginning...
Nope, I disagree, you got it wrong from the beginning. The vast majority of privateers were much smaller and less powerful than the largest government operated warships, with only a few being close to being as powerful. Here is another bottom line, without the government authorization known as a letter of marque and reprisal, something the government used to control the use of privately owned armed ships for warfare, the privateers would never have existed. So even these civilian owned armed ships were under a form of government control and regulation that could be revoked unlike the individual use of muskets, rifles, pistols and field artillery, and not one of these ships posed a potential threat to the government because of superior fire power that would require the government to take complete control over it. Authorization of small privateers in no way sets a precedent for private ownership of weapons as powerful or far more powerful than what the government possessed.
There were massive problems in using the first 3 classes of 'ships of the line'. First off they were slow. Second they didn't maneuver well. Third was the huge crews they required.
A frigate could cross across the bow or stern where the ships of the line were very weakly armed before it could bring the broadsides to bear. Plus people are overestimating the accuracy of the cannons on those ships. They had to have those large number of guns in order to have a hope of causing damage to an enemy ship.
Ok, so the message here is that the early American government would have prohibited the possession by the citizens of any weapons MORE powerful than what the American government could itself afford?
So, I guess then the equivalent is that the current American government should definitely prohibit the private ownership of any weapons EQUALLY OR MORE powerful than thermonuclear weapons, if any such thing is ever invented.
Gotcha.
The Privateer has a Letter of Marquis from a sovereign state making him a legal combatant under their authority. During 41&42, the Goodyears blimp Resolute and Volunteer flew coastal submarine patrols with a Letter of Marquis, although the ships themselves were not commissioned.What's the difference between a privateer and a pirate?
I think if you consider that most of the founders and those involved in the independence movement did not support the idea of a standing army the arguments about reciprocity between civilian and government arms is mostly moot, thus the phrase "a well armed militia" that the left attempts to use as a way of denying civilian ownership of arms is grossly misunderstood. I see no limitations on what a citizen could own in any writings I have found concerning the latter half of the 18th Century. I have found that it was not considered "proper" in some areas to conceal a weapon under your clothing, however that would have been a state or local regulation and not a Federal regulation.
As to the raving about armed ships, one must realize that in the civilian world there must be an incentive to own something that is as costly to build and operate as a gunship of any size is. Unless a private citizen or group can profit from owning a warship (such as those given the letters of marque in the 18th and 19th centuries) there is no incentive to bear the burden of such things, so, I guess my take is that there was no prohibition to owning cannons or other "weapons of mass destruction" but little incentive to bear the expense. I don't believe the government was as actively corrupt at that time as it is now.
OK, then. What further good it is? I do agree that it becomes a game of "Yes they would," vs. "No they wouldn't." So then, what?
I'm not doing your research for you.
I doubt "high capacity" weapons were even invented by then. But that doesn't mean anything.
Compare that muskets were used on both sides and that a citizen could own one identical to that of the military person of that day. Their guns were identical.
That's as far as I go. Do your own research, please.
Back then, they didn't have cars or interstates either. Just sayin'.