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"You're talking about issuing letters of marque effectively to a private sector organization to go do some sort of activity on behalf of that executive office of the president," Krebs told the Times.

“The Astrea mounts nineteen guns, Captain Prince. If any of your crew has ever shipped on a privateer or a letter of marque ship they—ah—might be useful.”

The document explicitly gives the legislative branch the power “to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.”

Constitution specifically provides for letters of marque for authorized private entities to take such actions.

He was known to have letters of marque, which sanctioned him to rob enemy ships, but he did not have them at the time of his capture.