the uncertainty developed in both debates is very probably reflected in the new despatch now sent to Cowley, on May 11[276].  By that despatch France was asked to send an instruction to Mercier in Washington similar to a draft instruction intended for Lyons, a copy of which was enclosed to Cowley, the object being to secure from the American belligerents adherence to all the articles, privateering included, of the Declaration of Paris[277].

Whatever Russell’s purpose in thus altering his original suggestion, it met with a prompt check from France.  On May 9 Thouvenel had agreed heartily to the proposal of May 6, adding the practical advice that the best method of approach to the Confederacy would be through the consuls in the South[278].  Now, on May 13, Russell was informed that Thouvenel feared that England and France would get into serious trouble if the North agreed to accede on privateering and the South did not.  Cowley reported that he had argued with Thouvenel that privateers were pirates and ought to be treated as such, but that Thouvenel refused to do more than instruct Mercier on the second and third articles[279].  For the moment Russell appears to have yielded easily to this French advice.  On May 13 he had that interview with the Southern commissioners in which he mentioned a communication about to be made to the South[280]; and on May 15 the London Times, presumably reflecting governmental decision, in commenting on the Proclamation of Neutrality, developed at some length the idea that British citizens, if they served on Southern privateers, could claim no protection from Great Britain if the North chose to treat them as pirates.  May 16, Cowley reported that Thouvenel had written Mercier in the terms of Russell’s draft to Lyons of the eleventh, but omitting the part about privateering[281], and on this same day Russell sent to Cowley a copy of a new draft of instructions to Lyons, seemingly in exact accord with the French idea[282].  On the seventeenth, Cowley reported this as highly satisfactory to Thouvenel[283].  Finally on May 18 the completed instruction was despatched.

It was on this same day, May 18, that Adams had his first interview with Russell.  All that had been planned by Great Britain and France had been based on their estimate of the necessity of the situation.  They had no knowledge of Seward’s instructions of April 24.  When therefore Adams, toward the conclusion of his interview, stated his authority to negotiate a convention, he undoubtedly took Russell by surprise.  So far as he was concerned a suggestion to the North, the result of an agreement made with France after some discussion and delay, was in fact completed, and the draft finally drawn two days before, on the sixteenth.  Even if not actually sent, as Henry Adams thinks, it was a completed agreement.  Russell might well speak of it as an instruction already given to Lyons.  Moreover there were two points