theory that the South was not a belligerent
and had no rights as such, and he regarded it as in effect a paper
blockade[511].
The fourth section of the Bill as introduced in Congress did not direct
the President to issue a proclamation closing Southern ports--it merely
gave him the power to do so. Almost from the first Lyons thought that
Lincoln and Seward were too wise to issue such a proclamation[512].
Nevertheless it was his duty to be on guard and to oppose the plan. For
six weeks there was much communication in regard to the "Southern Ports
Bill," as all parties called it, from Russell to Lyons, and also with
Cowley in France. The British Foreign Office interest in the matter,
almost rising to excitement, is somewhat astonishing in view of the
small importance evidently attached to the plan at Washington and the
reluctance of France to be as vigorous as Great Britain in protest.
Vigorous Russell certainly was, using a "high tone" in official
remonstrance to America not unlike that taken by Seward on British
recognition of Southern belligerency.
Immediately on learning of the introduction of the Bill Russell
addressed enquiries to Cowley asking what France intended and urged a
stiff protest. Thouvenel had not heard of the Bill and was seemingly
indifferent. At first he acquiesced in Russell's protest, then drew back
and on three separate occasions promised support only to withdraw such
promise. He was disinclined, said Cowley, to join in a "friendly hint"
to America because of the touchy sensibilities lately shown by Seward,
and feared a direct protest might result in an American declaration of
war. In any case why not wait until the President _did_ act, and even
then the proper method would be a protest rather than "reprisals." "I
wish," wrote Cowley, on July 28, "that the French were inclined to be
more _bumptious_, as they seemed to be at first. I would at all times
rather have the task of calming them, than of urging them on[513]...."
Nevertheless Russell on July 19 notified Lyons that England would not
observe a "legislative closing" of Southern ports[514]. On July 12 Lyons
telegraphed that the Bill had passed both Houses of Congress, and on the
sixteenth he wrote privately to Russell that he was much disturbed over
its possible consequences since "even Sumner was for it[515]," as this
indicated a real intention to carry it into effect[516]. On August 8,
Russell sent formal instructions of protest, a copy o
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