I have an additional and cogent reason for making this request, and that is, that the rule of exclusion, although it might be applied in terms to both belligerents, would not operate equally and justly upon them both.  It is well known to your Excellency that the Northern United States (which are now making an aggressive and unjust war upon the Confederate States, denying to the latter the right of self-government, which is fundamental in all republics, and invading their territories for the purpose of subjugation) are manufacturing and commercial states, whilst the Confederate States have been thus far agricultural and planting states; and that, as a consequence of this difference of pursuits, the former States had in their possession at the commencement of this war almost all the naval force of the old Government, which they have not hesitated to seize and appropriate to their own use, although a large proportion of it belonged of right to the Confederate States, which had been taxed to create it.

By means of this naval force, dishonestly seized as aforesaid, the enemy has been enabled to blockade all the important ports of the Confederate States.

This blockade necessarily shuts out the cruisers of the Confederate States from their own ports, and if foreign Powers shut them out also, they can make no other use of their prizes than to destroy them.  Thus your Excellency sees that, under the rule of 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.