The “teabagging” movement (the one that involves throwing teabags at things in the name of liberty, or something) reminds me of something I have often thought before when encountering modern right-wing “libertarianism” or “constitutionalism.” Though I never feel sure whether they are misguidedly sincere or mischievous or delusive in their observations and proposals, what such libertarians constantly seem to gravitate to are early American solutions (usually misunderstood or decontextualized) to modern problems that were actually much worse before the government institutions that libertarians dislike were created. Here is today’s example, which I learned of from Josh Marshall at TPM, applying some of his colonial history know-how. As you will see below, former presidential candidate and Republican congressman Ron Paul has proposed that a good small-government solution to Somali piracy would be to reestablish privateering, the practice of authorizing private shipowners to arm their vessels and play pirate against enemy ships:

Josh has many good points about the obvious problems with this proposal, and he also makes the interesting historical observation that privateering was “a classic stage of under-developed state power in which we may not have the capacity to have a fully built out Navy but we can subcontract the harassment and capture of enemy shipping and commerce by setting up privateers to do the job for them.” I see what Josh means, but it should also be noted that in the 18th century even powers with plenty of naval capacity (like the British Empire) engaged in privateering. It was just part of the tool kit of international politics, as we might say today, along with press gangs, mercenaries, dynastic marriages, and other unsavory practices.

Privateering was a form of economic warfare, a way of turning part of your civilian economy into a weapon that could be used against your enemy’s civilian economy and the underpinnings of his military machine. The practice, and the attitudes behind it, were part of what made the high seas a far more dangerous and chaotic place 200 years ago than they are now. The waters off Somalia may be somewhat hazardous to ply at the moment, or at least expensive for shipping companies, but generally the odds of modern ships being intentionally sunk, or being forced to land and be sold or scrapped in an unfriendly port, or having their crews taken captive (and possibly sold into slavery), or having their men pressed into service on a foreign ship at gunpoint are far, far less than they were. The creation of powerful modern navies and the worldwide revulsion against German U-Boat attacks on civilian craft during the 20th-century world wars seem to have made commercial shipping safer than it has ever been. The very fact that maritime dangers are a kind of amusing novelty for the U.S. and European media speaks volumes.

Privateering was also an example of the kind of legally sanctioned injustice and predation that was once standard operating procedure for almost all governments, especially in times of war. When the British and French fought their imperial wars in the 18th century, they not only issued letters of marque and reprisal against each other’s civilian ships, but each also encouraged their Native American allies to join the land-based conflict in the American colonies. Usually this amounted to authorizing the kinds of actions we call “asymmetric warfare” or “terrorism” when they are practiced against the U.S. military in Iraq or Afghanistan. The frontier equivalent of roadside bombs and RPGs was raids against isolated settlements and ambushes of hunting parties and lightly defended supply trains. Scalp bounties were commonly paid for each enemy the Indians killed, and distinctions between soldiers and civilians could not really be made based on that one little piece. Some settlers may have had it coming in some ways, but innocents were extensively harmed in these conflicts, on both sides, often by design or tacit design emanating from the high ranks of government. To say the least, governments of the privateering era placed very little stress on the sanctity of individual autonomy and private property, a la Ron Paul, despite their greater willingness to deploy private initiative in the service of their goals.

The fact that creating some modern institutions, paid for by a few taxes, actually made life, liberty, and property considerably safer for citizens of the developed countries seems to be completely lost on most of our modern “libertarians” and conservative thinkers.

[Let the record show that these positive thoughts on the modern state were thunk, and written, immediately after sending off a couple of rather large checks to relevant taxing authorities. So you know I am not thinking with my wallet.]