The project of using the United States as a French base could claim legal rights under the treaties of 1778 between France and the United States.  There were two treaties, both concluded on the same day.  One, entitled a treaty of amity and commerce, was a mutual conveyance of privileges; it provided that the ships of war of each country should defend the vessels of the other country against all attacks that might occur while they were in company.  Besides this right of convoy, each country had the right to use the ports of the other, either for ships of war or for privateers and their prizes, “nor shall such prizes be arrested or seized when they come to and enter the ports of either party; nor shall the searchers or other officers of those places search the same, or make any examination concerning the lawfulness of such prizes, but they may hoist sail at any time, and depart.”  All vessels of either country had the right to take refuge in the ports of the other, whether from stress of weather or pursuit of enemies, “and they shall be permitted to refresh and provide themselves at reasonable rates, with victuals and all things needful for the sustenance of their persons or reparation of their ships, and conveniency of their voyage; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance.”  It was expressly provided that such hospitality should not be extended to vessels of an enemy of either country.  The accompanying instrument, entitled a treaty of alliance, was a mutual guarantee of territorial possessions, “forever against all other powers.”  These broad rights and privileges were supplemented by the convention of 1788 on consular functions, which facilitated the organization of a consular jurisdiction competent to deal with cases arising from the treaties.  There was still due to France on loans contracted during the Revolution a remainder of about $2,300,000 payable by instalments, subject to the proviso that “Congress and the United States” had “the liberty of freeing themselves by anticipated payments should the state of their finances admit.”  It was planned to get the United States to reciprocate the past favors of France by favoring her now, if not by direct payments of money, at least by acceptances which Genet could use in purchasing supplies.  The fact that whatever in the way of money or accommodations was obtained in the United States would be used in business in that country was counted upon to facilitate the transaction.

These facts form the background against which Genet’s activities should be viewed.  He came with deliberate intent to rush the situation, and armed with all needful powers for that purpose, so far as the French government could confer them.  According to a dispatch from Morris to the State Department, Genet “took with him three hundred blank commissions which he is to distribute to such as will fit out cruisers in our ports to prey on the British commerce.”