Sir,—I have the honour to inform your Excellency of my arrival at this port in this ship, under my command, and with the prize schooner Abby Bradford, captured by me about seventy miles to the northward and eastward. The Abby Bradford is the property of citizens of the United States, with which States, as your Excellency is aware, the Confederate States, which I have the honour to represent, are at war; and the cargo would appear to belong also to citizens of the United States, who have shipped it on consignment to a house in Puerto Caballo. Should any claim be given, however, for the cargo, or any part of it, the question of ownership can only be decided by the Prize Courts of the Confederate States. In the meantime, I have the honour to request that your Excellency will permit me to leave this prize vessel with her cargo in the port of Puerto Caballo, until the question of prize can be adjudicated by the proper tribunals of my country. This will be a convenience to all parties, as well to any citizen of Venezuela who may have an interest in the cargo, as to the captors, who have also valuable interests to protect.
In making this request, I do not propose that the Venezuelan Government shall depart from a strict neutrality between the belligerents; as the same rule it applies to us, it can give the other party the benefit of, also. In other words, with the most scrupulous regard for the neutrality, she may admit both belligerents to bring their prizes into her waters; and of this neither belligerent can complain, since whatever favour is extended to its enemy is extended also to itself.
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.