dge 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