A question on privateers

[Elena]

Yes, I know, I am asking the strangest questions. I had just remembered a controversy I had with somebody a while ago... and while I had to drop the case in order to avoid an useless quarrell, I still want to know:

The privateers who caught a prize, whom are they reporting to? The Admiral (well, rear-admiral, vice-admiral, the Navy authority which is there in the colonies) or the Governor?

[Fox]

Not that strange a question.

In terms of receiving orders and reporting etc, privateers reported to their owners. It was private enterprise and the only people who mattered were the investors.

For legal purposes though, privateers came under the jurisdiction of the Admiralty, and before the value of a prize could be realised into profit it had to go through an Admiralty court. Letters of marque also had to be issued through an agent of the Admiralty. In the colonies the governor was usually appointed the local vice-admiral, or empowered to hold vice-admiralty courts. In practice therefore, the governor of a colony had jurisdiction over privateers, though theoritically at least he did so in his guise as an Admiralty official.

It could be a whole lot more complex than that, but that's the "it's-nearly-bedtime" version.

[Elena]

Thank you very much. It gives something of a "you're both right" to my dispute... and it means that having chosen to answer to the Governor isn't such a bad mistake :) (especially that Governors issued letters of Marque, this we know for sure).

While I knew about the Admiralty courts (or their substitutes), the other's reasoning was that "the privateers were not Navy to answer directly to the Admiralty, they were sort of a civil guard/ militia helpers at sea, only civilians helping the Navy, therefore they have to report to the Governor, who is the civilian authority".

[Swashbuckler 1700]

By the way this lead to other interesting question. What about letters of marques of East india company? I think they had right to hire the privateers. If not so then correct me.

Edited September 5, 2012 by Swashbuckler 1700

[Fox]

While I knew about the Admiralty courts (or their substitutes), the other's reasoning was that "the privateers were not Navy to answer directly to the Admiralty, they were sort of a civil guard/ militia helpers at sea, only civilians helping the Navy, therefore they have to report to the Governor, who is the civilian authority".

Right answer, wrong logic.

In English law the Admiralty had complete jurisdiction over the sea, so any maritime legal issue was dealt with by Admiralty courts, whether that was piracy, wage disputes, abuse of seamen on merchant vessels or anything else that happened involving an English vessel, including privateers.

Privateers only had dealings with governors because governors also held Admiralty office. If, theoretically, a colony had a governer and a vice-admiral, then privateers would have dealt with the vice-admiral, not the governor.

I don't recall the EIC issuing letters of marque, but they certainly held Vice-Admiralty courts so it's possible.