Part 26 (1/2)

To His Excellency, the Commander-in-Chief of the Forces of the United States.

Esteemed Sir:--At half-past 11 I received your communication of this date, and I am sorry to advise you that it is impossible for my representatives to come to the appointed place at midday, as you wish, as I must meet them and give them their instructions.

If agreeable to you, will you defer the visit until 4 P.M.

to-day or until 7 to-morrow morning, and in the meanwhile the obstacles to the entrance of the Red Cross will be removed from the harbor.

I beg your Honor will make clear what force you wish me to retire from the railroad, as, if it is that in Aguadores, I would authorize the repair of the bridge at once by your engineers; and if it is that on the heights to the left of your lines, I beg you will specify with more precision.

I have ordered those in charge of the aqueduct to proceed at once to repair it with the means at their command.

Awaiting your reply, I remain,

Very respectfully, your obedient servant,

JOSE TORAL, Commander-in-Chief of the Fourth Army Corps.

Headquarters Fifth Army Corps, Camp, July 16, 1898.

To His Excellency, General Jose Toral, Commanding Spanish Forces in Eastern Cuba.

Sir:--I have the honor to acknowledge the receipt of your Excellency's letter of this date, notifying me that the Government at Madrid approves your action, and requesting that I designate officers to arrange for and receive the surrender of the forces of your Excellency. This I do, nominating Major-General Wheeler, Major-General Lawton, and my aide, Lieutenant Miley. I have to request that your Excellency at once withdraw your troops from along the railway to Aguadores, and from the bluff in rear of my left; also that you at once direct the removal of the obstructions at the entrance to the harbor or a.s.sist the navy in doing so, as it is of the utmost importance that I at once get vessels loaded with food into the harbor.

The repair of the railroad will, I am told, require a week's time. I shall, as I have said to your Excellency, urge my Government that the gallant men your Excellency has so ably commanded have returned to Spain with them the arms they have wielded. With great respect, I remain,

Your obedient servant and friend,

WILLIAM R. SHAFTER, General, Commanding.

Terms of the Military Convention for the capitulation of the Spanish forces occupying the territory which const.i.tutes the Division of Santiago de Cuba and described as follows: All that portion of the Island of Cuba east of a line pa.s.sing through Aserradero, Dos Palmas, Cauto Abajo, Escondida, Tanamo and Aguilara, said troops being in command of General Jose Toral; agreed upon by the undersigned Commissioners: Brigadier-General Don Federico Escario, Lieutenant-Colonel of Staff Don Ventura Fontan, and as Interpreter, Mr. Robert Mason, of the city of Santiago de Cuba, appointed by General Toral, commanding the Spanish forces, on behalf of the Kingdom of Spain, and Major-General Joseph Wheeler, U.S.V., Major-General H.W. Lawton, U.S.V., and First Lieutenant J.D.

Miley, Second Artillery, A.D.C., appointed by General Shafter, commanding the American forces on behalf of the United States:

1. That all hostilities between the American and Spanish forces in this district absolutely and unequivocally cease.

2. That this capitulation includes all the forces and war material in said territory.

3. That the United States agrees, with as little delay as possible, to transport all the Spanish troops in said district to the Kingdom of Spain, the troops being embarked, as far as possible at the port nearest the garrison they now occupy.

4. That the officers of the Spanish Army be permitted to retain their side arms, and both officers and private soldiers their personal property.

5. That the Spanish authorities agree to remove, or a.s.sist the American Navy in removing, all mines or other obstructions to navigation now in the harbor of Santiago and its mouth.

6. That the commander of the Spanish forces deliver without delay a complete inventory of all arms and munitions of war of the Spanish forces in above described district to the commander of the American forces; also a roster of said forces now in said district.