2. On the part of the United States _the declarations are explicit_ that war did not exist, although it seemed imminent. Congress was convened in May, 1797, to deliberate on the threatening aspect of affairs, and adopt measures of public defence, which were continued in 1798 and 1799; but in all this series of acts there is constant and sedulous negation of the state of war. The Act of May 28, 1798, after reciting that “armed vessels sailing under authority or pretence of authority from the Republic of France have committed depredations on the commerce of the United States, and have recently captured the vessels and property of citizens thereof on and near the coasts,” proceeds to authorize the seizure of any such armed vessel; but nothing is said of war.[215] Another Act, bearing date the same day, authorizes a provisional army, “_in the event of a declaration of war_ against the United States, or of actual invasion of their territory by a foreign power, or of imminent danger of such invasion discovered in the opinion of the President to exist, _before the next session of Congress_.”[216] The Act of June 13, 1798, to continue in force only till the end of the next session, and renewed February 9, 1799, for a limited term, suspended commercial relations between the two countries, under penalties of forfeiture;[217] but such acts, however menacing, are absolutely inconsistent with an existing state of war, which of itself, without any additional act, suspends all commercial relations between the belligerent parties. The Act of June 25, 1798, authorizes our merchant vessels to subdue and capture any French armed vessel _from which an assault or other hostility shall be first made_.[218] The Act of July 6, 1798, respecting alien enemies, begins with the words of limitation, “_Whenever there shall be a declared war_ between the United States and any foreign nation.”[219] The Act of July 7, 1798, declares the treaties no longer “legally obligatory”;[220] but if war existed, such an act would have been superfluous. The Act of July 16, 1798, authorizes augmentation of the army “for and during the continuance of _the existing differences_ between the United States and the French Republic.”[221] The Act of March 2, 1799, also authorizes augmentation of the army, “_in case war shall break out_.”[222] Another Act, passed the next day, provides that certain troops authorized by the Act shall not be raised, “_unless war shall break out_ between the United States and some European prince, potentate, or state.”[223] And as late as February 20, 1800, while our envoys were on the way to Paris, another Act was passed, providing that further enlistments should be suspended, “_unless_, in the recess of Congress, and during the continuance of _the existing differences_ between the United States and the French Republic, _war shall break out_ between the United States and the French Republic.”[224] All these cumulative