x02 Bellwethers

During the Revolutionary War and before, war at sea was fought with some very different presumptions. The crews of warships were often as not paid in part by prize money, money earned from the ships and cargoes they captured. This process was handled by something called a maritime prize court. These courts would adjudicate the legality of any ship and cargo seizures under existing maritime law; they could also order the sale of ships and cargoes, with the proceeds going to the ship’s company.

The recipients of prize money weren’t always regular navy forces, either. Governments, including the newly formed United States government, would, in those times, issue something called a letter of marque, authorizing privately owned warships to hunt enemy ships on the high seas; these ships and their companies were called privateers. And, yes, the unfortunate side effect of that was that some of the privateers, when the war they were authorized to help fight ended, turned to piracy.

Now, though, the Department of Justice may be reactivating the maritime prize courts, something the United States has not done since our Civil War.

The Justice Department is preparing to activate a long-dormant maritime war court to streamline military capture of Iranian oil tankers as US prizes, according to three people familiar with the plans.

Reviving prize courts, which is expected to face legal challenges, is intended to strengthen the blockade of Iran and offset the cost of the conflict.

Aaron Reitz, the Houston-based US attorney whose office is partnering with department headquarters on the initiative, confirmed DOJ is “now reviving” prize courts, which he described as an “ancient body of maritime law.”

The unfinalized plans, if adopted, would offer a faster path for federal prosecutors to claim oil and other cargo taken from enemy or neutral vessels as US property. The seized goods would then be sold with proceeds transferred to the treasury.