The Schooner Exchange v. M'Faddon
Encyclopedia
The Schooner Exchange v. M'Faddon, is a United States
Supreme Court
case.
The Schooner Exchange, owned by John M'Faddon and William Greetham, sailed from Baltimore, Maryland, on October 27, 1809, for St. Sebastians, Spain. On December 30, 1810, the Exchange was seized by order of Napoleon Bonaparte. The Exchange was then armed and commissioned as a public vessel of the French government under the name of Balaou. M'Faddon and Greetham claimed that they owned and were entitled to possession of the Balaou, which had docked at a U.S. port due to bad weather. They believed that the Balaou was illegally seized by the government of France. At the time, France was involved with the War of 1812
. The district court in the case found in favor of the French Government, finding that the M'Faddon and Greetham had no right to the Balaou as it belonged to the French government who were properly allies of the United States. The circuit court, on appeal, reversed the decision of the district court, granting property rights to the M'Faddon & Greetham. The Supreme Court reversed the circuit court's decision, and affirmed the district court's dismissal of the action.
, delivering the opinion of the court, said that
The U.S. had jurisdiction over the case via the territorial prescription jurisdiction, and territorial enforcement jurisdiction."
Marshall also stated that the ship belongs to the French government under of the assumptions of allegiance.
But in all respects different is the situation of a public armed ship. She constitutes a part of the military force of her nation; acts under the immediate and direct command of the sovereign; is employed by him in national objects. He has many and powerful motives for preventing those objects from being defeated by the interference of a foreign state. Such interference cannot take place without affecting his power and his dignity. The implied license therefore under which such vessel enters a friendly port, may reasonably be construed, and it seems to the Court, ought to be construed, as containing an exemption from the jurisdiction of the sovereign, within whose territory she claims the rites of hospitality (11 U.S. 144).
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case.
The Schooner Exchange, owned by John M'Faddon and William Greetham, sailed from Baltimore, Maryland, on October 27, 1809, for St. Sebastians, Spain. On December 30, 1810, the Exchange was seized by order of Napoleon Bonaparte. The Exchange was then armed and commissioned as a public vessel of the French government under the name of Balaou. M'Faddon and Greetham claimed that they owned and were entitled to possession of the Balaou, which had docked at a U.S. port due to bad weather. They believed that the Balaou was illegally seized by the government of France. At the time, France was involved with the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
. The district court in the case found in favor of the French Government, finding that the M'Faddon and Greetham had no right to the Balaou as it belonged to the French government who were properly allies of the United States. The circuit court, on appeal, reversed the decision of the district court, granting property rights to the M'Faddon & Greetham. The Supreme Court reversed the circuit court's decision, and affirmed the district court's dismissal of the action.
Supreme Court decision
Chief Justice MarshallJohn Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
, delivering the opinion of the court, said that
The U.S. had jurisdiction over the case via the territorial prescription jurisdiction, and territorial enforcement jurisdiction."
Marshall also stated that the ship belongs to the French government under of the assumptions of allegiance.
But in all respects different is the situation of a public armed ship. She constitutes a part of the military force of her nation; acts under the immediate and direct command of the sovereign; is employed by him in national objects. He has many and powerful motives for preventing those objects from being defeated by the interference of a foreign state. Such interference cannot take place without affecting his power and his dignity. The implied license therefore under which such vessel enters a friendly port, may reasonably be construed, and it seems to the Court, ought to be construed, as containing an exemption from the jurisdiction of the sovereign, within whose territory she claims the rites of hospitality (11 U.S. 144).