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 arrested by the action of the Governor, who, much to Captain Semmes' astonishment, sent off orders that the prize should at once be brought into port, there to remain in his Excellency's custody, until a Venezuelan court should have decided whether the capture had or had not been effected within the marine league from the coast prescribed by international law! This somewhat extraordinary demand did not receive the respect or obedience on which its promulgator had doubtless relied.

Beating to quarters, and with his men standing to their guns in readiness for instant action, the Sumter stood out once more towards her prize; sent the master and his family ashore in one of his own boats, put a prize crew on board the Maxwell, and despatched her to a port at the south side of Cuba.