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