To His Excellency Hon. George Williamson to J. Maurice Duke, January 8, 1875

Mr. Williamson to Mr. Duke.

Sir: Your dispatch dated the 31st ultimo, containing a printed copy of what is called the “protesta” of Mrs. Julia Martinez de Pena, and also a manuscript copy of your letter to the captain of the Arizona, has been received.

I am of the opinion that it is highly discreditable for an American vessel to be used as a temporary prison or conveyance for the transportation of prisoners from one country to another, unless the prisoner conveyed is being lawfully returned under extradition treaties from the country in which he has sought refuge to that in which he committed the crime of which he has been, in due form of law, accused.

The man who is called in the protest Lieutenant-Colonel Pena is shown by the statements in that document to be so infamous that he is entitled to no sympathy, but yet his infamy does not alter the principle or its application.

You will allow me to say, in all kindness, that in my judgment it would have been better for you to have stated to Mrs. Peña that there is no provision of law authorizing the protests of foreigners in such cases to be received and filed in an American consulate, and that an American consul has no authority to order or instruct American captains or ship-owners, but can only advise and request, except as prescribed by law.

Your well-known intimacy with President Gonzalez lessens the apprehension that your action in receiving and filing such a paper as the “protesta,” and giving such instructions as you did to the captain of the Arizona, may be highly unacceptable, if not offensive, to the government of Salvador. All the papers, together with a copy of this letter, will be forwarded to the Secretary of State.

I am, sir, your obedient servant,