Papers of John Adams, volume 20
th.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
d.Liet
nd:
of His M C Majesty Navy
RC (Adams Papers).
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).