Talbot v. Seeman (1801) 5 U.S. 1, the Supreme Court held that foreign law is a question of fact that must be pled and proved. The right of a warship to recover for salvage of a merchantman was stated by the Supreme Court as early as 1801 in that case. "The traditional common-law view is that foreign law is a fact that must be pleaded and proved by the party seeking its application, and this approach still applies in jurisdictions where it has not been altered by statute, court rule, or judicial law".