exclusion, the enemy could
enjoy his right of capture to its full extent, his own ports being all
open to him, whilst the cruisers of the Confederate States could enjoy
it _sub modo_ only, that is, for the purpose of destruction. A rule
which would produce such effects as this is not an equal or a just rule
(although it might in terms be extended to both parties); and as
equality and justice are of the essence of neutrality, I take it for
granted that Venezuela will not adopt it.

On the other hand, the rule admitting both parties alike, with their
prizes, into your ports, until the Prize Courts of the respective
countries can have time to adjudicate the cases as they arrive, would
work equal and exact justice to both; and this is no more than the
Confederate States demand.

With reference to the present case, as the cargo consists chiefly of
provisions which are perishable, I would ask leave to sell them at
public auction for the benefit of "whom it may concern," depositing the
proceeds with a suitable prize agent until the decision of the court can
be known. With regard to the vessel, I request that she may remain in
the custody of the same agent until condemned and sold.

I have the honour to be, &c., &c.

(Signed) R. SEMMES.

His Excellency the Governor and Military Commander
of Puerto Caballo.

To this, however, that functionary could not be induced to assent, his
reply being that such a proposition was altogether beyond his province
to entertain, and that the Sumter must take her departure within
four-and-twenty hours. At daylight, therefore, on the 27th, a prize crew
was sent on board of the Abby Bradford, with orders to proceed to New
Orleans, and at six o'clock the Sumter was again outside of the
inhospitable port of Puerto Caballo.

The anchor was not fairly at the cathead when a sail was reported
seaward, which on capture proved to be the barque Joseph Maxwell, of
Philadelphia. The capture having taken place at about seven miles from
the port to which she was bound, and half of the cargo being the
property of a neutral owner, a boat was despatched with her master and
the paymaster of the Sumter to endeavour to effect negotiation. The
proposition was, that the owner of the neutral half of the cargo should
purchase at a small price the remaining half and the vessel herself,
which should then be delivered to him intact without delay. This little
arrangement, however, was somewhat summarily arreste