May 3rd, Russell held an unofficial interview with the two Southern commissioners in fact arrived, Yancey and Rost. As reported by them[140], Russell listened with attention to their representation, but made no informing comment. They argued the constitutional right of secession, depicted the firm determination of the South, were confident of early acquiescence by the North, and especially laid stress on the Southern desire for free trade. Russell's own report to Lyons on this interview and on one held six days later, May 9, is in substantial agreement, but much more is made by him than by the Commissioners of a question put by Russell as to a Southern plan of reviving the African slave-trade[141]. Yancey and Rost denied this and asserted "that they had prohibited the slave-trade, and did not mean to revive it." Their report to Richmond does not depict this matter as of special significance in the interview; Russell's report to Lyons lays stress upon it. The general result of the interview was that Russell listened, but refused, as to Dallas, to make any pledge on recognition. But the Southern Commissioners came away with a feeling of confidence and were content to wait on British action[142].
On this same day, May 3, Russell received from the Attorney-General a memorandum in reply to a query as to recognizing the belligerency of the South and as to the right of the South to issue letters of marque and reprisal. The memorandum notes that Southern privateering would be dangerous to British commerce with the North, but sees no help for it. "The best solution," wrote the Attorney-General, "would be for the European nations to determine that the war between the two Confederacies shall be carried on on the principles of 'Justum Bellum,' and shall be conducted according to the rules of the Treaty of Paris. Recognize the Southern States as a Belligerent on this condition only[143]." The next day, referring to this memorandum, Russell wrote Lyons that the law officers "are of opinion that we must consider the Civil War in America as regular war[144]," but he does not comment on the legal advice to press the South to abandon privateering before recognizing her belligerent rights, for this is the only meaning that can be attached to the last sentence quoted from the Attorney-General's memorandum. This advice, however, in view of the opinion that there was "no help for it," was presumably but a suggestion as to a possible diplomatic manoeuvre with little confidence that it would succeed. The "best solution" was not the probable one, for the South, without a navy, would not readily yield its only naval weapon.
In these few days British policy was rapidly matured and announced. The letter of May 4 to Lyons, stating the Civil War to be a "regular war" was followed on May 6 by a formal instruction giving Lyons advance notice of the determination reached by the Cabinet to recognize the belligerent rights of the South. Russell indulged in many expressions of regret and sympathy, but Lyons was not to conceal that this British action represented the Government's view of the actualities of the American situation. Yet while Lyons was not to conceal this opinion he was not instructed to notify Seward, officially, of the recognition of Southern belligerency[145]. Here was a correct understanding of the difficulty of the diplomatic position at Washington, and a permitted avoidance by Lyons of dangerous ground[146]. Russell was not then aware of the tenacity with which Seward was to cling to a theory, not yet clearly formulated for foreign governments, that the Civil War was a rebellion of peoples rather than a conflict of governments, but he does appear to have understood the delicacy of formal notification to the constituted government at Washington[147]. Moreover his instructions were in line with the British policy of refusing, at present, a recognition of Southern sovereignty.
On the same day, May 6, a copy of the instructions to Lyons was sent to Cowley, British Ambassador at Paris, directing him to request France to join, promptly, in recognizing Southern belligerent rights. Cowley was also instructed that the blockade and privateering required precautions by European governments, and it was suggested that France and England unite in requesting both belligerents to accede to the second and third articles of the Declaration of Paris[148]. These articles refer to the exemption from capture, except contraband, of enemy's goods under a neutral flag, and of neutral goods under an enemy's flag[149]. This day, also, Russell stated in Parliament that England was about to recognize the belligerent rights of the South, and spoke of the measure as a necessary and inevitable one. May 7, Cowley notified Russell that Thouvenel, the French Foreign Minister, was in complete agreement with England's policy[150], and on May 9, in a more extended communication, Cowley sent word of Thouvenel's suggestion that both powers issue a declaration that they "intended to abstain from all interference," and that M. de Flahault, French Ambassador at London, had been given instructions to act in close harmony with Russell[151].
The rapidity of movement in formulating policy in the six days from May 1 to May 6, seems to have taken the British public and press somewhat by surprise, for there is a lack of newspaper comment even after Russell's parliamentary announcement of policy on the last-named date. But on May 9 the Times set the fashion of general approval in an editorial stating that Great Britain was now coming to see the American conflict in a new light--as a conflict where there were in fact no such ideals involved as had been earlier attributed to it. Southern rights were now more clearly understood, and in any case since war, though greatly to be regretted, was now at hand, it was England's business to keep strictly out of it and to maintain neutrality[152]. This generalization was no doubt satisfactory to the public, but in the Government and in Parliament men who were thinking seriously of specific difficulties realized that the two main problems immediately confronting a British neutral policy were privateering and blockade. The South had declared its intention to use privateers. The North had declared its intention, first to hang those who engaged in privateering, and second to establish a blockade. Neither declaration had as yet been put into effect.
The first action of the British Government was directed toward privateering. On May 1, Russell sent a note to the Lords Commissioners of the Admiralty calling attention to the Southern plan to issue letters of marque and reprisal and directing that reinforcements be sent to the British fleet in American waters. This was prompt action on unofficial information, for Davis' proclamation bore date of April 17, and Lyons' despatch containing copies of it, sent on April 22, was not received by Russell until May 10[153]. Ordinary news from the United States required ten days to get into print in London[154], but official messages might be sent more rapidly by way of telegraph to Halifax, thence by steamer to Liverpool and by telegraph again to London. In case the telegram to Halifax coincided with the departure of a fast vessel the time was occasionally reduced to seven days, but never less. At the best the exact information as to the contents of the Davis and Lincoln proclamations of April 17 and 19 respectively, could have been received only a few days before the order was issued to reinforce the British fleet.
The next day, May 2, Ewart, in the Commons, asked "if Privateers sailing under the flag of an unrecognized Power will be dealt with as Pirates," thus showing the immediate parliamentary concern at the Davis and Lincoln proclamations. Russell stated in reply that a British fleet had been sent to protect British interests and took occasion to indicate British policy by adding, "we have not been involved in any way in that contest by any act or giving any advice in the matter, and, for God's sake, let us if possible keep out of it[155]." May 6, Gregory, a friend of the South, who had already given notice of a motion for the recognition of the Confederacy as an independent State, asked whether the United States had been informed that a blockade of Southern ports would not be recognized unless effective, and whether there would be acquiescence in the belligerent right of the South to issue letters of marque and reprisal[156]. Russell replied that Lincoln had not been informed that a blockade must be effective to be respected since the Washington Government did not need to be told of an international rule which it had itself long proclaimed. As to the second point, he now announced what heretofore had not been clearly stated, that Southern privateers could not be regarded by Great Britain as pirates, for if so regarded Britain would herself have to treat them as pirates and would thus be unneutral. This was in fact, in spite of Northern bitter accusations that Britain was exhibiting governmental sympathy with the South by her tolerance of the plan of Southern privateering, an inescapable conclusion. Russell added, however, that the matter of privateering involved some new questions under the Declaration of Paris upon which the Government had not yet decided what stand to take[157]. It was on this same day, in fact, that Russell had instructed Cowley to take up with France the question of the Declaration of Paris[158], Privateering and blockade, declared in America months before there was any possibility of putting them into effect, and months before there were any military operations in the field, forced this rapid European action, especially the action of Great Britain, which, more than any other European nation, feared belligerent interference with her carrying and export trade. How was the British Government to know that Davis would not bend every energy in sending out privateers, and Lincoln to establish a blockade? The respective declarations of Davis and Lincoln were the first evidences offered of belligerent status. It was reasonable to assume that here would come the first energetic efforts of the belligerents. Nor was British governmental intelligence sufficiently informed to be aware that Davis, in fact, controlled few ships that could be fitted out as privateers, or that two-thirds of the Northern navy was at the moment widely scattered in foreign seas, making impossible a prompt blockade.