Davis had proclaimed the issue of letters of marque and that
Lincoln had countered by proclaiming Southern privateering to be
piracy[286]. He did not know that Seward was prepared to renounce
privateering, but he must have thought it likely from Lincoln's
proclamation, and have regarded this as a good time to strike for an
object desired by all the European maritime nations since 1856. Russell
could not, while Great Britain was neutral, join the United States in
treating Southern privateers as pirates, but he here offered to come as
close to it as he dared, by asserting that Great Britain would use
vigilance in upholding the law of nations. This language might be
interpreted as intended for the admonition of the North also, but the
_facts_ of the then known situation make it applicable to Southern
activities alone. Russell had desired to include privateering in the
proposals to the United States and to the South, but Thouvenel's
criticisms forced him to a half-measure of suggestion to the North, and
a full statement of the delicacy of the situation in the less formal
letter to Lyons accompanying his official instructions. This was also
dated May 18. In it Russell directed Lyons to transmit to the British
Consul at Charleston or New Orleans a copy of the official instruction
"to be communicated at Montgomery to the President of the so-styled
Confederate States," and he further explained his purpose and the
British position:

"... You will not err in encouraging the Government to which
you are accredited to carry into effect any disposition which
they may evince to recognize the Declaration of Paris in
regard to privateering....

"You will clearly understand that Her Majesty's Government
cannot accept the renunciation of privateering on the part of
the Government of the United States if coupled with the
condition that they should enforce its renunciation on the
Confederate States, either by denying their right to issue
letters of marque, or by interfering with the belligerent
operations of vessels holding from them such letters of
marque, so long as they carry on hostilities according to the
recognized principles and under the admitted liabilities of
the law of nations[287]."

Certainly this was clear enough and was demanded by the British policy
of neutrality. Russell had guarded against the complication feared by
Thouvenel, but he still hoped by a