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.
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