hich Thouvenel had omitted in his own instructions to
Mercier. Adams understood Russell to have said that he "had already
transmitted authority [to Lyons] to assent to any modification of the
only point in issue which the Government of the United States might
prefer. On that matter he believed that there would be no difficulty
whatever[284]." This clearly referred to privateering. Russell's
instructions to Lyons took up the points of the Declaration of Paris in
reverse order. That on blockades was now generally accepted by all
nations. The principle of the third article had "long been recognized as
law, both in Great Britain and in the United States." The second
article, "sanctioned by the United States in the earliest period of the
history of their independence," had been opposed, formerly, by Great
Britain, but having acquiesced in the Declaration of 1856, "she means to
adhere to the principle she then adopted." Thus briefly stating his
confidence that the United States would agree on three of the articles,
Russell explained at length his views as to privateering in the
American crisis.

"There remains only to be considered Article I, namely, that
relating to privateering, from which the Government of the
United States withheld their assent. Under these
circumstances it is expedient to consider what is required on
this subject by the general law of nations. Now it must be
borne in mind that privateers bearing the flag of one or
other of the belligerents may be manned by lawless and
abandoned men, who may commit, for the sake of plunder, the
most destructive and sanguinary outrages. There can be no
question, however, but that the commander and crew of a ship
bearing a letter of marque must, by the law of nations, carry
on their hostilities according to the established laws of
war. Her Majesty's Government must, therefore, hold any
Government issuing such letters of marque responsible for,
and liable to make good, any losses sustained by Her
Majesty's subjects in consequence of wrongful proceedings of
vessels sailing under such letters of marque.

"In this way, the object of the Declaration of Paris may to a
certain extent be attained without the adoption of any new
principle.

"You will urge these points upon Mr. Seward[285]."

What did Russell mean by this cautious statement? The facts known to him
were that