woz ‘The Schooner Exchange v. McFaddon The Schooner Exchange v. McFaddon 11 US. 116 (1812) McFaddon and Greetham owned a schooner named 'Exchange’. While sailing in international waters, the ship was commandeered by the French Navy and tumed.into.a French warcraft. © The French Navy.did not bother to ask McFaddon and Greetham!s permission or pay them any money for their ship. Later, the Exchange (now renamed the Balaou and fiying.a French flag) docked in Philadelphia. McFaddon and Greetham sued. in. US. court for.return of their ship. The Trial Court found for the French, McFaddon and Greetham appealed. The Acpelnie Comcast ‘The French appealed. © The US Supreme Court found that US courts had no jurisdiction over foreign governments because of sovereign immunity. © The Court found that a foreign warship is covered by sovereign immunity. = The Court found that a warship "constitutes a part of the military force ofher 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 fiom 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 ffiendly 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." © The Court limited this decision to warships (although that was later extended to all ships and property owned y foreign govenment) However, the Court noted that sovereign MeFaddon and Grestham werent totally wviout options. They could have gone to France and tried suing there. © But it would be difficult to win in a French court. One unstated factor for the Court's decision was that at the time this case was decided, the US was at, var (War of 1812), and the French was anally of the US The case is offen cited as representative of thetraditional theory (or classical view) of sovereign immunity. © As opposed to the more modem restrictive viewof sovereign.immunity which argues thatsovereign immunity only applies to claims based_on. public acts,.not. commercial or private acts. hp wuirispress.conan/nernatonalimeaddn tin "