Part 26 (2/2)

7. That the commander of the Spanish forces, in leaving said district, is authorized to carry with him all military archives and records pertaining to the Spanish Army now in said district.

8. That all that portion of the Spanish forces known as Volunteers, Movilizados and Guerillas, who wish to remain in the Island of Cuba, are permitted to do so upon the condition of delivering up their arms and taking a parole not to bear arms against the United States during the continuance of the present war between Spain and the United States.

9. That the Spanish forces will march out of Santiago de Cuba with the honors of war, depositing their arms thereafter at a point mutually agreed upon, to await their disposition by the United States Government, it being understood that the United States Commissioners will recommend that the Spanish soldier return to Spain with the arms he so bravely defended.

10. That the provisions of the foregoing instrument become operative immediately upon its being signed.

Entered into this sixteenth day of July, eighteen hundred and ninety-eight, by the undersigned Commissioners, acting under instructions from their respective commanding generals and with the approbation of their respective governments.

(Signed) JOSEPH WHEELER, _Major-General U.S. Vols._;

H.W. LAWTON, _Major-General U.S. Vols._;

J.D. MILEY, _1st Lieut. 2d Art., A.D.C. to General Shafter._

FREDERICO ESCARIO, VENTURA FONTAN, ROBERT MASON.

The following dispatch, sent by General Linares, will show how desperate were the straits into which he had been driven and how earnestly he desired to be granted authority to avoid further fighting by the surrender of his forces at Santiago:

Santiago de Cuba, July 12, 1898.

The General-in-Chief to the Secretary of War.

Although prostrated in bed from weakness and pain, my mind is troubled by the situation of our suffering troops, and therefore I think it my duty to address myself to you, Mr.

Secretary, and describe the true situation.

The enemy's forces very near city; ours extended fourteen kilometres (14,000 yards). Our troops exhausted and sickly in an alarming proportion. Cannot be brought to the hospital--needing them in trenches. Cattle without fodder or hay. Fearful storm of rain, which has been pouring continuously for past twenty-four hours. Soldiers without permanent shelter. Their only food rice, and not much of that. They have no way of changing or drying their clothing.

Our losses were very heavy--many chiefs and officers among the dead, wounded and sick. Their absence deprives the forces of their leaders in this very critical moment. Under these conditions it is impossible to open a breach on the enemy, because it would take a third of our men who cannot go out, and whom the enemy would decimate. The result would be a terrible disaster, without obtaining, as you desire, the salvation of eleven maimed battalions. To make a sortie protected by the division at Holguin, it is necessary to attack the enemy's lines simultaneously, and the forces of Holguin cannot come here except after many long days'

marching. Impossible for them to transport rations.

Unfortunately, the situation is desperate. The surrender is imminent, otherwise we will only gain time to prolong our agony. The sacrifice would be sterile, and the men understand this. With his lines so near us, the enemy will annihilate us without exposing his own, as he did yesterday, bombarding by land elevations without our being able to discover their batteries, and by sea the fleet has a perfect knowledge of the place, and bombards with a mathematical accuracy. Santiago is no Gerona, a walled city, part of the mother country, and defended inch by inch by her own people without distinction--old men and women who helped with their lives, moved by the holy idea of freedom, and with the hope of help, which they received. Here I am alone. All the people have fled, even those holding public offices, almost without exception. Only the priests remain, and they wish to leave the city to-day, headed by their archbishop. These defenders do not start now a campaign full of enthusiasm and energy, but for three years they have been fighting the climate, privations and fatigue, and now they have to confront this critical situation when they have no enthusiasm or physical strength. They have no ideals, because they defend the property of people who have deserted them and those who are the allies of the American forces.

The honor of arms has its limit, and I appeal to the judgment of the Government and of the entire nation whether these patient troops have not repeatedly saved it since May 18th--date of first bombardment. If it is necessary that I sacrifice them for reasons unknown to me, or if it is necessary for some one to take responsibility for the issue foreseen and announced by me in several telegrams, I willingly offer myself as a sacrifice to my country, and I will take charge of the command for the act of surrender, as my modest reputation is of small value when the reputation of the nation is at stake.

(Signed) LINARES.

Thus surrendered to our forces about 23,500 Spanish troops, of whom about 11,000 had been in the garrison of Santiago, the others having been stationed in garrisons outside of the city, but belonging to the Division of Santiago. With them were also surrendered 100 cannon, 18 machine guns and over 25,000 rifles. The troops were all sent back to Spain in vessels of their own nation and flying their own flag. We had lost in battles with them before the surrender 23 officers killed and 237 men; and 100 officers and 1,332 men wounded.

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