On July 12 Lyons telegraphed that the Bill had passed both Houses of Congress, and on the sixteenth he wrote privately to Russell that he was much disturbed over its possible consequences since "even Sumner was for it[515]," as this indicated a real intention to carry it into effect[516].

On August 8, Russell sent formal instructions of protest, a copy of which was to be handed to Seward, but the next day authorized Lyons to exercise discretion as to communicating the despatch[517].
The original form of this instruction, dated in June and revised in July, concluded with language that might well draw out Thouvenel's objection to a threat of "reprisals." It read that "H.M.G.

...
reserve ...

the right of acting in concert with other Nations in opposition to so violent an attack on the rights of Commercial Countries and so manifest a violation of International Law[518]." This high tone had been modified possibly by French opposition, possibly by Lyons' early opinion that the Bill would not be made operative.

Indeed on July 24 Russell told Lyons that no final instruction of protest would be sent him until the President actually issued a proclamation[519].