MAURICE DUKE, United States Consul to the captain of the Arizona, December 30, 1875

Mr. Duke to the captain of the Arizona.

Sir: This consulate having been informed, by a protest filed in it yesterday, that the court of Salvador contemplates returning to Punta Arenas, Costa Rica, on board the steamer Arizona, that you command, as a prisoner, Lieut. Col. José Maria Pena, an outrage having already been perpetrated by the captain of the American steamer Mohongo, his having brought him from Punta Arenas as a prisoner, having been escorted to insure his safe delivery from the last-named port to La Libertad by two Costa Rican officers, and my not wishing a similar repetition to occur, should the said J. Ma. Peña, as a prisoner, be sent on board your vessel, you will consider him, once under the American flag, to be on American soil, and free to disembark where he pleases. It is not to be imagined that a vessel carrying the American flag can serve either the government of Costa Rica or Salvador as a prison for their citizens, even if there should exist a treaty of extradition between Costa Rica and Salvador, of which, however, there is none.

In due course I will inform the American minister at Guatemala, as also the Department of State at Washington.

I am, sir, your obedient servant,