By any of these definitions can Paul Jones be called a pirate? It will
be readily seen that the charge hangs upon the question as to whether
Jones held a commission from an established state. In fact, the
determination of that point settles the matter. He was regularly
commissioned a captain in the navy of the United States, as we have
seen.[62] Was the United States an established power, a sovereign
state? The United States began to be with the Declaration of
Independence. To quote Woolsey again: "The sovereignty of a state
dates from its _de facto_ existence, and does not depend upon its
recognition by foreign powers. Thus the sovereignty of the United
States was complete from July 4, 1776, not 1782, when the English
Government recognized, not granted, its independence." If the United
States had not a legal existence as a sovereign power competent to
wage war, and therefore to issue commissions to naval officers, until
the treaty of peace, England would have granted independence thereby,
instead of which she recognized a long-accomplished fact. Moreover,
the British Government, long before peace was declared, had conceded
belligerent rights to the revolted colonies, after much protestation.
But necessary privileges of belligerency are those of raising forces
and commissioning officers whose status as individual belligerents is
determined by the recognition. None of the American prisoners taken
from time to time were hanged as rebels or traitors, nor would such
action have been permitted by the British people, if it had been
seriously entertained by the king. Even if they had captured Paul
Jones, the English, in all their fury, would not have dared to treat
him as a pirate. Upon the point of law there is no justification for
the charge. Paul Jones' commission was as valid a document as any
under which a naval officer ever sailed. The sovereignty of the United
States had been recognized long before the termination of the war by
France, Spain, and Holland, and Frederick the Great, by opening the
port of Dantzic to American ships, had practically committed himself
to that side; although the failure of any or all of these to do so
would not have abrogated our _de facto_ existence as a nation.
Public-domain text, read in full here on John Shaqi.
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