On the part of France the declarations are equally explicit. It is true, that, on the 12th September, 1800, in conversation, the French plenipotentiaries let drop fitful words, to the effect, that, “if the question could be determined by an indifferent nation, such a tribunal would say that the present state of things was war on the side of America, and that no indemnities could be claimed.”[229] But the context shows, that, to avoid the payment of these indemnities, they were driven to every possible subterfuge; and the whole suggestion is contrary to all the admissions of the French Government, both in the executive and legislative branches. Indeed, these very plenipotentiaries of France, in a formal communication to the American plenipotentiaries, under date of August 11, 1800, declared that “_the state of misunderstanding_ which has existed for some time between France and the United States, by the act of some agents rather than by the will of the respective Governments, _has not been a state of war, at least on the side of France_.”[230] We have already seen that it was not on the side of the United States. Then again, under date of December 12, 1801, they contented themselves with characterizing the relations of the two powers at this period as “_almost hostile_.”[231] At an earlier day, Talleyrand, as Minister of Exterior Relations, had written, under date of August 28, 1798: “France has a double motive, as a nation and as a republic, not to expose to any hazard the present existence of the United States. Therefore it never thought of making war against them; … _and every contrary supposition is an insult to common sense_.”[232] When the Convention, in its final form, was laid before the Legislative Assembly, one of the French plenipotentiaries charged with its vindication announced in a speech, November 26, 1801, that “it had terminated _the misunderstanding_ between France and America,” which, he said, had become such “that it was necessary the reconciliation should be hastened, if it was desired that it _should not become very difficult_.” A report was also made to the Legislative Assembly by M. Adet, formerly French minister to the United States, in which it is declared: “_There had not been any declaration of war_. Commissions granted by the President to attack the armed vessels of France are not to be regarded as a declaration of war. The will of the President does not suffice to put America in a state of war. In order to this a positive declaration of Congress is requisite. _None has ever existed._” And these legislative documents, so positive in character, are introduced by the learned editor in words which fitly characterize the international relations to which they refer, when he says that “they will serve to make known the causes which _momentarily disturbed the harmony_ of the two states.”[233] True enough. Unhappily, the harmony of the two states was disturbed, but war did not exist.