''The Schooner Exchange v. M'Faddon'', 11 U.S. (7 Cranch) 116 (1812), is a

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case on the jurisdiction of federal courts over a claim against a friendly foreign military vessel visiting an American port. The court interpreted

customary international law Customary international law consists of international legal obligations arising from established or usual international practices, which are less formal customary expectations of behavior often unwritten as opposed to formal written treaties or c ...

to determine that there was no jurisdiction.

Background

The Schooner ''Exchange'', owned by John McFaddon and William Greetham, sailed from

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, on October 27, 1809, for San Sebastián, Spain. On December 30, 1810, the ''Exchange'' was seized by order of

Napoleon Bonaparte Napoleon Bonaparte (born Napoleone di Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French general and statesman who rose to prominence during the French Revolution and led Military career ...

. The ''Exchange'' was then armed and commissioned as a French warship, under the name of ''Balaou''. When the vessel later docked in

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because of storm damage, McFaddon and Greetham filed an action in the United States Court for the District of Pennsylvania to seize the vessel, claiming that it had been taken illegally. The district court found that it did not have jurisdiction over the dispute. On appeal, the Circuit Court for the District of Pennsylvania reversed the decision of the district court and ordered the district court to proceed to the merits of the case.

Decision

The Supreme Court reversed the circuit court's decision and affirmed the district court's dismissal of the action. Chief Justice

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delivered the opinion of the Supreme Court. He noted that by the definition of sovereignty, a state has absolute and exclusive jurisdiction within its own territory but it could also, by implied or express consent, waive jurisdiction. Moreover, Marshall also noted that, under customary international law, jurisdiction was presumed to be waived in a number of situations. For instance, visiting foreign sovereigns and their diplomatic representatives were generally free from the jurisdiction of domestic courts. Similarly, a state granting permission for a foreign army free passage across its territory generally implied a waiver of jurisdiction over that army. That custom was established so firmly and necessarily for international relations that it would be wrongful for a country to violate it without prior notice. Marshall further noted that while the right of free passage by an army usually had to be explicitly granted, by maritime custom a nation's ports were presumptively open to all friendly ships. While a nation could close its ports to the warships of another country, it would have to issue some form of declaration to do so. Without such a declaration, a friendly foreign warship could enter a nation's port with its implied consent. Marshall further distinguished the difference between private merchant ships and citizens, who are subject to a nation's jurisdiction when they enter its ports with the nation's implied consent, and military ships. Namely, private ships do not carry with them the sovereign status of military ships and the privileges that accompany it. Therefore, Marshall concluded that "a principle of public nternationallaw sthat national ships of war, entering the port of a friendly power open for their reception, are to be considered as exempted by the consent of that power from its jurisdiction." Applying that analysis to the facts at hand, Marshall found that the courts did not have jurisdiction over the case.

Significance

The decision is regarded as the "first definitive statement of the doctrine of foreign

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." Also, the unwillingness of the Court to find jurisdiction without action by the political branches of government, along with some explicit dicta, led to a tradition of great deference by the courts to official and individual determinations of immunity by the

US State Department The United States Department of State (DOS), or simply the State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs o ...

.25 A.L.R.3d 322 (Originally published 1969) That system was not revised in favor of judicial interpretations until the passage of the Foreign Sovereign Immunities Act in 1976.

References

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