osition, defending the Proclamation of Neutrality and adding,
"It is not our practice to treat five millions of freemen as pirates,
and to hang their sailors if they stop our merchantmen. But unless we
mean to treat them as pirates and to hang them, we could not deny them
belligerent rights." C.F. Adams, "Seward and the Declaration of Paris,"
pp. 49-50.]

[Footnote 304: F.O., France, Vol. 1377. No. 176. Draft. Russell to
Cowley, July 15, 1861.]

[Footnote 305: F.O., France, Vol. 1394. No. 871.]

[Footnote 306: Russell Papers. Also in a despatch of July 16 Cowley
repeated his objections and stated that Dayton had not yet approached
France. (F.O., France, Vol. 1394. No. 871.)]

[Footnote 307: F.O., Am., Vol. 755. No. 168. Enclosure. Palmerston's
Note to Russell was not sent to Adams but his exact language is used in
the last paragraph of the communication to Adams, November 18, as
printed in _Parliamentary Papers_, 1862, _Lords_, Vol. XXV.
"Correspondence respecting International Maritime Law." No. 19.]

[Footnote 308: F.O., France, Vol. 1378. No. 730. Russell to Cowley, July
17, 1861. Containing draft of telegram sent on 16th at 4.30 p.m.]

[Footnote 309: _Ibid._, No. 729.]

[Footnote 310: See _ante_ pp. 142-45.]

[Footnote 311: F.O., France, Vol. 1394. No. 905. Cowley to Russell, July
26, 1861.]

[Footnote 312: It should be noted that during this period Russell
learned that on July 5, Lyons, before receiving the recall of
instructions, had finally begun through Consul Bunch at Charleston the
overtures to the South. On July 24, Russell approved this action
(_Parliamentary Papers, 1862, Lords_, Vol. XXV. "Correspondence
respecting International Maritime Law." No. 23.)]

[Footnote 313: F.O., France, Vol. 1395. No. 1031. Cowley to Russell,
August 20, 1861.]

[Footnote 314: Palmerston MS., Russell to Palmerston, August 26, 1861.]

[Footnote 315: See C.F. Adams, "Seward and the Declaration of Paris,"
pp. 58 and 74.]

[Footnote 316: Adams, _Life of C.F. Adams_, p. 209.]

[Footnote 317: The Confederate Commissions on August 14, 1861, just
before the critical moment in the Declaration of Paris negotiation, had
made vigorous protest against this British order, characterizing it as
giving a "favour" to the Government at Washington, and thus as lacking
in neutrality. Quoted by C.F. Adams, "Seward and the Declaration of
Paris," p. 31.]

[Footnote 318: A few facts about Southern privateering not directly
pertinent