Shores of Tripoli

                    For this Freedom Friday I will highlight the fact that Americans fought radical/extremist Arabs/Muslims from before the Revolutionary War until after the War of 1812.  This war against Islam lasted more than three decades before the United States finally beat back the threat.  America was free of attacks from pirates for nearly 200 years before they started attacking Americans again in recent years.

  

                    For hundreds of years, probably from the time of the Crusades, North African pirates - also known as Barbary pirates, Barbary corsairs, Ottoman corsairs, Barbary privateers, and Mohammedan pirates - operated off the coast of North Africa in the Atlantic Ocean and also in the Mediterranean Sea.  The term "Barbary" was a derogatory term derived from the word "barbarians" and reflected how Europeans and Americans viewed Muslim in the areas of the Mediterranean Sea and North Africa.

Legend has it that the pirates traveled as far as Iceland to attack ports, seize captives for slaves, and plunder merchant ships.  By the late 1700s or the early 1800s, many seafaring nations found it to be easier and cheaper to pay tribute to the pirates for safe passage through the Mediterranean Sea than to go to war with them.  Arab leaders of Morocco, Algiers, Tunis, and Tripoli - known as the Barbary powers of North Africa - were sponsoring pirates by the early 1800s.  These nations were part of the Ottoman Empire, also a beneficiary of the tributes.  The pirates and privateers took millions of dollars from Americans and Europeans as well as hundreds of hostages to enslave, kill, or release later.

                    The first documented conflict between Americans and the Barbary pirates took place in 1625 when pirates believed to be from Morocco attacked merchant ships with home ports in the North American colonies.  Twenty years later in 1645 an assault by Algerian pirates was repelled by seamen from Cambridge, Massachusetts.  In 1678, 14 ships from Massachusetts (1) and Virginia (13) were seized by Algerian pirates.

                    More than one hundred years later in September 1783, American ships on the way home from peace negotiations with Britain were harassed by Algerian pirates.  Americans were convinced that the pirates were being paid by Britain.  In October 1784, a 300-ton ship from Boston was sailing in waters 100 miles from Africa's western (Atlantic) coast.  Sailors from the Betsy were captured, put in chains, and taken to slave markets in Morocco.  In January 1785 Algerian pirates captured the Dauphin and the Maria; the 21 sailors aboard were taken in chains and jeered by crowds on the way to the leader of Algeria - who spit on them.

                    The United States battled Barbary pirates through the administrations of four Presidents - Washington, Adams, Jefferson, and Madison.  The Constitution of the United States was adopted on September 17, 1887.  George Washington was inaugurated as our first President in early 1789.  In December 1790, Thomas Jefferson, serving as the Secretary of State under Washington, recommended that Congress declare war on the pirates.  The Senate rejected the proposition and authorized $140,000 for ransom payments.   Before the end of his administration, the United States was paying 16 percent of the federal budget to keep Muslims from attacking Americans. 

The Washington Administration grew tired of paying tribute and asked Congress to authorize and fund the establishment of a navy to protect American interests abroad.  Congress passed the Naval Act of 1794, and Washington signed a bill on March 27, 1794, authorizing $688,888.82 to be spent on building six frigates.  Construction soon began on the ships:  USS United States, President, Constellation, Chesapeake, Congress, and Constitution.

                    Not long after the bill was passed, Congress authorized $800,000 for a treaty with Algeria and to ransom the captives.  If peace was declared, an amendment would be attached to the Naval Act to halt construction on the ships.  Three ships were authorized to be completed: USS Constitution, Constellation, and United States.  The ships were completed during the administration of President John Adams.  It appears that the war with the Barbary pirates led to the birth of U.S. Navy.

                    In September 1800, the frigate George Washington, under the command of William Bainbridge, was ordered to take $500,000 as tribute to Algiers.  It became the first U.S. Navy ship to enter the Mediterranean Sea.  The Navy's Sixth Fleet is permanently posted in the Mediterranean now.

                    When Thomas Jefferson became President, the pirates were demanding approximately 20 percent of the federal budget.  Jefferson decided that the United States would no longer pay tribute to pirates.  In May 1801, Tripoli declared war on the United States for refusing to pay more money by chopping down the flag in front of the American Embassy.  The First Barbary War began when Jefferson dispatched four warships - later expanded to six ships - to the Middle East.  Even though Jefferson sent the U.S. Navy to North Africa without waiting for congressional action, Congress later - probably in 1802 -passed the Act for Protection of Commerce and Seamen of the United States against Tripolitan Corsairs, which was basically a declaration of war.

USS Philadelphia, captained by William Bainbridge, foundered on a reef close to Tripoli on October 31, 1803.  The 307 sailors aboard were forced to surrender.  Tripoli took the ship and made it a part of its own navy as The Gift of Allah.  A few months later at 7:00 p.m. on February 16, 1804, the USS Intrepid, disguised as a Maltese merchant ship and flying British colors, entered Tripoli harbor where The Gift of Allah was anchored.  Captain Stephen Decatur claimed that the Intrepid's anchors were lost in the storm and asked permission to tie up alongside The Gift of Allah.  As the two ships came together, Decatur and sixty men stormed aboard the former Philadelphia.  After "fighting with swords and pikes," the Americans took control of the ship and prepared it to be burned.  Decatur was the last person to leave the ship because he waited long enough to make sure that it would burn.  The Intrepid evaded fire from the harbor's defenses and escaped to the open sea. 

Vice Admiral Lord Horatio Nelson called Decatur's achievement "the most bold and daring act of the age."  Twenty-five year old Decatur was promoted to captain in recognition of his successful raid, making him the youngest to hold the rank.  For the rest of the war, Decatur commanded the frigates Constitution and Congress and went on to command other ships.

 Marines invaded Tripoli in 1805 and captured the city of Derna; after five years of war with the pirates, the Marines planted the U.S. flag over a foreign conquest for the very first time.  This act convinced the Barbary rulers to sign peace treaties.

                    Tensions increased with Great Britain, and the United States was forced to reduce the number of U.S. Navy ships patroling the Mediterranean.  Algiers took advantage of the situation and sacked the Sally, enslaving 15 crewmembers.  Other attacks on American ships followed while the United States and Great Britain were engaged in the War of 1812.

                    When the War of 1812 ended, President James Madison urged Congress in April 1815 to declare war on the Barbary states.  The Second Barbary War started when naval hero, Stephen Decatur, left New York on May 15, 1815, with both Navy sailors and Marines on board.  He was leading an armada of approximately ten ships with orders to suppress the Barbary pirates.  He was to threaten the Barbary pirate regimes of North Africa with "serious disaster" unless they agreed to a "just and lasting peace." 

By June 28, 1815, Decatur's armada was off the coast of North Africa where they began their naval campaign.  The Americans captured the pirates' principal ships, entered the Bay of Algiers, and dictated a treaty to the humbled ruler.  They then sailed to Tunis and Tripoli, where the pirates pledged good conduct from then on.  President James Madison told Congress in his State of the Union message on December 5, 1815, that the United States had won its first war in the Middle East.  To date, it is the only war we have won outright in the Middle East.

Thus ended more than three decades of battle with Barbary pirates - until April 9, 2009 when history began to repeat itself.

The next time you hear the "Marines Hymn," the official hymn of the United States Marine Corps, you should have better understanding for the words "to the shores of Tripoli."  The "Marines Hymn" is the oldest official song in the United States military and is typically sung at the position of attention as a gesture of respect.  The third verse, however, is often used as a toast during formal events, such as the birthday ball and other ceremonies.

                    From the Halls of Montezuma,

                    To the shores of Tripoli;

                    We fight our country's battles

                    In the air, on land, and sea;

                    First to fight for right and freedom

                    And to keep our honor clean:

                    We are proud to claim the title

                    Of United States Marine.

                    Our flag's unfurled to every breeze

                    From dawn to settling sun;

                    We have fought in every clime and place

                    Where we could take a gun;

                    In the snow of far-off Northern lands

                    And in sunny tropic scenes;

                    You will find us always on the job

                    The United States Marines.

                    Here's health to you and to our Corps

    Which we are proud to serve;

                    In many a strife we've fought for life

                    And never lost our nerve;

                    If the Army and the Navy

                    Ever look on Heaven's scenes;

                    They will find the streets are guarded

                    By the United States Marines.

                    Information came from articles by Robert McNamara ("The United States Fought Wars Against North African Pirates in the Early1800s,", "The Wars Against the Barbary Pirates," ,  "To the Shores of Tripoli," and "The Barbary Pirates"); 

 Pierre Tristam ("President James Madison Declares Victory Over BarbaryPirates in 1815," 

"Barbary Pirates andWars:  A Timeline (1625-1815)," and "Barbary Pirates"); 

Kennedy Hickman ("War of 1812: Commodore Stephen Decatur"

and "First Barbary War:  Battle ofDerna"); 

Wikipedia ("Marines Hymn"). 

Letters of Marque and Reprisal

                    The topic of discussion for this Constitution Monday comes from Article I.8.11:  "The Congress shall have Power … To grant Letters of Marque and Reprisal."  This provision simply means that Congress could give letters to individuals authorizing them to wage war against the enemy.  This clause in the United States Constitution played a very important role in the Founders' discussion about how the war powers should be allocated between the President and Congress.

                    "The word marque means to `seize,' and reprisal implies the authority to `destroy.'  Since a letter authorizing a privateer to engage in such activities could provoke war or expand the dimensions of a war, such a letter should be issued only by that branch of government which has the responsibility to declare war.  In the United States, that plenary power belongs to the federal government."

 (See W. Cleon Skousen in The Making of America:  The Substance and Meaning of the Constitution, p. 443.)

                    "The common understanding of `Reprisal' is a seizure of property (or sometimes persons) of a foreign state for redressing an injury committed by that state.  Because the word marque is the French equivalent of reprisal, many scholars believe that the constitutional term `Marque and Reprisal' is best understood as a single phrase."  (See John Yoon and James C. Ho in The Heritage Guide to the Constitution, p. 130.)

                    This statement continued in explaining a serious debate over the meaning of this clause.  Does it authorize only private individuals or parties to gain privately and commercially from the reprisals or does it give "Congress the power to authorize reprisals by the armed forces of the United States for public purposes"?

                    History tells us that General George Washington and his rag tag army of volunteers were able to surround the British at Yorktown only because the French navy was off shore keeping the British fleet away.  The colonists had no national navy during the Revolutionary War except "privateers" - private individuals using their personal or business ships to engage in hostile actions.  The letters of marque and reprisal were given to individuals so they could outfit their privately owned ships to capture British ships without being considered as common pirates if they were caught.  Having a letter from their national authorities could save their lives because pirates in those days were usually killed without trial at the time of capture.

                    Skousen explained that "Since the Declaration of Paris in 1856, letters of marque and reprisal have been considered prohibited by international law.  Nevertheless, in very recent years [middle to late 1900s] American fishing boats requested permission to arm their boats in order to drive off Soviet fishing vessels which were deliberately destroying underwater nets and other expensive fishing gear.  The government did not issue letters of marque and reprisal, but since the Soviet fleet was fishing in American waters, the Coast Guard went out and forced the Russian boats into Boston Harbor, where they were each subjected to very heavy fines."

                    This could explain why commercial ships continue to be unarmed even though they are being hijacked by pirates from Africa.  Another example of how our commercial ships are at the mercy of the pirates was the hijacking of the U.S.-flagged Maersk Alabama on Wednesday, April 9, 2009.  Somali pirates hijacked the unarmed freighter and took Captain Richard Phillips, 53, as a hostage.  Phillips was held in a tiny lifeboat during the negotiations.  He was still there on Easter Sunday, April 13, 2009, when Navy SEAL snipers who were standing on the fantail of a destroyer shot the three pirates and rescued him.  The successful operation was personally approved by President Barack Obama and marked a victory for the U.S.  Our nation had been powerless to resolve the situation even though helicopter-equipped warships were gathering at the scene.  Negotiations with the pirates were becoming dangerous, and an AK-47 was aimed at Phillips' back when the snipers shot the three pirates.

High Seas Piracy

                    The topic of discussion for this Constitution Monday comes from Article I.8.10:  "The Congress shall have Power … To define and punish Piracies and Felonies committed on the high Seas...."  This principle of the United States Constitution gives Congress the exclusive responsibility and authority to "define and punish" crimes that occur on the open seas and therefore do not come under the jurisdiction of any particular state.

                    Pirates preyed on ships on the open seas for centuries before the Constitution was written.  When Spanish galleons were transporting gold from Latin America to Spain, British pirates became very wealthy by taking some of that gold for their own use.

                    "By the Treaty of Ryswick in 1697 England, France, Spain, and Holland all agreed to make common war on piracy.  However, Algiers continued to pepper the seas with pirates, and during Washington's administration a tribute was paid to the pirate chieftains of Algiers to permit American shipping to proceed unmolested.  At the close of the War of 1812, the United States sent Commodore Decatur with a fleet of nine ships to punish the Barbary pirates.  He captured their principal ships, entered the Bay of Algiers, and dictated a treaty to the humbled ruler.  He then sailed to Tunis and Tripoli, where the pirates pledged good conduct from then on.  Since that time the piracy clause of the Constitution has remained practically obsolete.

                    "Felonies committed on the high seas are all crimes (involving penalties of imprisonment or death) which occur on the unenclosed waters of the ocean and on the coast outside of the low-water mark.  These are crimes on the public seas over which all vessels have the right to travel, like a great international highway" (W. Cleon Skousen in The Making of America - The Substance and Meaning of the Constitution, p. 434).

                    Even though Skousen considered this clause almost obsolete when he wrote his book, piracy on the high seas has increased greatly in recent years.  The latest reported incidence of piracy that I found was dated September 14, 2011.   A Cyprus-flagged fuel tanker was commandeered by armed pirates in the Gulf of Guinea, about seventy miles from Cotonou, the commercial capital of the West Africa nation of Benin.  Twenty-three crew members were taken hostage. 

                    Pirate attacks off the coast of Somalia have threatened international shipping since the early years of this century,  Concerns over the  rise in acts of piracy have risen especially since 2005.  Pirates are venturing further out into the ocean by using "mother ships" as their bases.

According to Wikipedia.org, as of September 9, 2011, pirates from Somalia were holding at least 16 ships with an estimated 345 hostages.  Four Americans on an around-the-world sailing trip were captured by Somali pirates in February 2011 while sailing in the Indian Ocean.  When U.S. military personnel boarded the yacht, they discovered that all four hostages had been shot by their captors.  After a brief gun battle as U.S. forces took control of the yacht, two pirates were killed and thirteen others were captured. Two other pirates were dead on the yacht, and two or more others may have been involved - for a total of nineteen pirates.

                    According to Merln under the date of August 9, 2011, new attention has been focused on the piracy off the coast of Somalia because of recent, high-profile events.  These events included hostage rescue operations by France and the attempted hi-jacking of the MAERSK Alabama with the dramatic rescue of Captain Phillips by the U.S. Navy.  Following the rescue of Captain Phillips, the pirates pledged to increase piracy in the Gulf of Aden and specifically target U.S. ships - even though piracy was already rising. 

Merln declared that the International Maritime Bureau claims that 80 commercial cargo ships have been attacked so far this year in the Gulf of Aden with 19 successful hijackings.  There were 111 ships attacked in 2008 with 42 successful hijackings.  The Gulf of Aden is approximately 2.8 million square kilometers.

Also according to Merln, President Barack Obama welcomed Captain Phillips home on April 12 and "stated his resolve to halt the rise of piracy in the region."  Secretary of State Hilary Clinton announced three days later that the United States "will not make concessions or ransom payments to pirates" and announced four steps that the U.S. would take immediately:  1) "work with international partners to crack down on pirate bases and decrease incentives to engage in piracy;" 2) "develop an expanded multinational response;" 3) "engage with Somali government and regional leaders in Puntland to take action against pirates operating from bases within their territories;" 4) "work with shippers and the insurance industry to address gaps in self-defense measures."

                    Last month a Dutch court sentenced two Somali pirates to prison terms of up to seven years each for hijacking a yacht from South Africa last year and capturing a South Africa couple.  The two captives are still missing.  Three other Somalis were also convicted of piracy.

                    In similar cases this year, a Spanish court in Madrid handed down prison sentences of 439 years each to two convicted pirates.   In Virginia, a U.S. court gave five convicted pirates life sentences. 

                    These court cases signal that maritime nations are no longer willing to follow the precedence of the past when captured thieves were released or handed over to the Somali or Kenyan courts.  There is no doubt in my mind that this clause is actively being used as the United States and other countries counter pirate attacks on ships.