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7 - Policing the High Seas

from Part III - Courts for a New Empire, 1816–1825

Published online by Cambridge University Press:  28 August 2025

Kevin Arlyck
Affiliation:
Georgetown University, Washington DC
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Summary

In a familiar pattern, federal judges ultimately embraced their role as the architects of American sovereignty on the water. As the Monroe administration redoubled its prosecutions of South American privateers, Congress left it to judges to define the legitimate boundaries of maritime violence. The Supreme Court responded by casting doubt on the claims to sovereignty advanced by revolutionary polities, and declaring that privateers were merely pirates, and therefore subject to punishment by all – including the United States. This judicial assertion of legal authority to police the waters of the revolutionary Atlantic was transformative. It helped secure approval of a treaty with Spain that paved the way for decades of territorial expansion in North America, and it presaged increasingly expansive American claims to hemispherical preeminence. Even when federal judges denied their own power to discipline a different category of “pirates” – those who engaged in the slave trade – they did so to uphold sovereign rights that Americans had been asserting since independence. If a nineteenth century American empire was ultimately realized on land, some of its first stirrings were at sea.

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Chapter
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The Nation at Sea
The Federal Courts and American Sovereignty, 1789–1825
, pp. 228 - 265
Publisher: Cambridge University Press
Print publication year: 2025

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  • Policing the High Seas
  • Kevin Arlyck, Georgetown University, Washington DC
  • Book: The Nation at Sea
  • Online publication: 28 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009393041.011
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  • Policing the High Seas
  • Kevin Arlyck, Georgetown University, Washington DC
  • Book: The Nation at Sea
  • Online publication: 28 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009393041.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Policing the High Seas
  • Kevin Arlyck, Georgetown University, Washington DC
  • Book: The Nation at Sea
  • Online publication: 28 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009393041.011
Available formats
×