Papers of John Adams, volume 20

To Eliphalet Fitch

From Richard Varick

To John Adams from Peter Delivet, 21 July 1790 Delivet, Peter Adams, John
From Pierre Delivet
Dear Sir— Baltimore Goal Jully 21th. 1790

The first cause that the federall Court of anapolis had on there dockett, To Judge, Since Its Erection, Was on a Process of accompt Between two french Merchents, Belonging to france & actual Subjects of his Most Christian Majesty,1 Which as I aprehend, That Court has No Right to take Cognisance of It Beeing Not only Diamatrically oposite to the Laws of france, But Contrary to the Stipulated articles Between H.M.C. King & the United States, Notwithstanding which, thay have Risolved from the french Consulatory Court of Baltimore To a Judgment Which is appeal to france; off the three Judges of the Consulatory Court that have Given Judgment, 395 two of them Are Parties in the Cause, and in order to have the Execution of there Sentencess to proceed agreable to there Minds, thay have had Recourse to the federal Court of Anapolis, Which is Well Known, to Be Contrary to the Laws of Both Nations, I therefore Conclude that the federal Court have Not Been So Circumspect in there audience as the Nature of the Case Required, & on the 7th. & 8 of may Last, in Said Court there Was So little Atention Paid to the Convention of Both Courts that I who am a Partey Conserned, was Sentensed. By the federal Court to Imprisonment, in Violation of a XII article Between the Court of france & the United States, But whether this Sentence, Proceeded from, Inatention, Ignorence, Partiality, or any other Cause, I am Not in a Sittuation to Determine But as it has been Puntually Executed, have only to inform Yours Honour, of the Cause & Effect, & Desire that You Will Extend Yours humanity & Power with the federal Court So far towards My Releasment, from this obscure and Humeliateing Goal, from whence I have the honour of adressing You, That thereby I may have an opertunity of Makeeng a Proper aplycation, for Damages Sustaind from Insult & Injustice.

Your Kind Interposition in this My time of Eligal & abusive treatment will Ever be Most Graatfully acknowledged; By Your Sinceer and Humble Servent

Delivet 2d. Lietnd: of His M C Majesty Navy

RC (Adams Papers).

1.

A consular court in Baltimore heard the dispute between French Navy lieutenant Pierre Delivet (b. ca. 1735) and a group of French merchants based in Le Havre, Rouen, and Paris. Once the judges invoked Maryland law, however, the case shifted to the federal district court in Annapolis. Delivet’s complaint was rooted in Art. 12 of the consular convention of 9 Sept. 1789, which stipulated that a French consul must adjudicate any such matter. Instead, Delivet was remanded to the Baltimore city jail in March 1790 and moved to the Annapolis prison on 6 May. He appealed to Thomas Jefferson for aid at least three times throughout the summer, additionally citing Arts. 4, 5, and 6, which outlined contractual relationships between consuls and crews. The secretary of state took action on 23 Aug., asking Maryland attorney general Richard Potts to investigate the case. Eventually freed, Delivet identified himself to James Madison in a letter of 26 May 1813 as “a frenchemen Born over 78 Year of age officer of the Royal Navy un tell the french Revolution that I Came to America and Naturalise” (Jefferson, Papers , 14:173–174, 176–177; 17:399–400; 23:273; Madison, Papers, Presidential Series , 6:347–351).