Bas v. Tingy occurred in the political context of the Quasi-War, maritime skirmishes between the United States and France.

In 1798, Congress passed legislation allowing for payment of 1/8 full value of the vessel, to be paid to the recaptor, for ships reclaimed from the French.

However, in 1799, Congress enacted another law allowing the recaptors of a private vessel 1/2 salvage value of the ship, where retaken after 96 hours from the enemy.

On April 21, 1799, Tingy, captain of the Ganges recaptured the Eliza, belonging to Bas, after the French had taken it three weeks before.

Justice Samuel Chase took a separate approach to the same conclusion, noting that in a perfect war "...operations are restricted and regulated by the jus belli, forming a part of the law of nations," but in an imperfect war "its extent and operation depend on our municipal laws."

With Congress authorizing hostilities, this was an imperfect war against France, making them the enemy and validating the 1799 law.