Both in the Commons and the Lords speakers were referred to the forthcoming Proclamation of Neutrality, but 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].