T. G. Steward - The Colored Regulars in the United States Army

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5. That after final capitulation the Spanish authorities
agree without delay to remove, or assist the American Navy
in removing, all mines or other obstructions to navigation
now in the harbor of Santiago and its mouth.

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

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 of 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 under parole not
to take up arms against the United States during the
continuance of the war between Spain and the United States,
delivering up their arms.

9. That the Spanish forces will march out of Santiago de
Cuba with 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.

Entered into this fifteenth day of July, eighteen hundred
and ninety-eight, by the undersigned Commissioners, acting
under instructions from their respecting commanding
generals.

(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.

Army of the Island of Cuba, Fourth Corps,
Santiago de Cuba, July 12, 1898--9 P.M.

To His Excellency, the General-in-Chief of the American Forces,

Esteemed Sir:--As I am now authorized by my Government to
capitulate, I have the honor to so advise you, requesting
you to designate the hour and place where my representatives
should appear, to concur with those of your Excellency to
edit the articles of capitulation on the basis of what has
been agreed upon to this date.

In due time I wish to manifest to your Excellency my desire
to know the resolution of the United States Government
respecting the return of the arms, so as to note it in the
capitulation; also for their great courtesy and gentlemanly
deportment I wish to thank your Grace's representatives, and
in return for their generous and noble efforts for the
Spanish soldiers, I hope your Government will allow them to
return to the Peninsula with the arms that the American army
do them the honor to acknowledge as having dutifully
defended.

Reiterating my former sentiments, I remain,

Very respectfully, your obedient servant,

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

At Neutral Camp, near Santiago, Under a Flag of Truce,
July 14, 1898.

Recognizing the chivalry, courage and gallantry of Generals
Linares and Toral, and of the soldiers of Spain who were
engaged in the battles recently fought in the vicinity of
Santiago de Cuba, as displayed in said battles, we, the
undersigned officers of the United States army, who had the
honor to be engaged in said battle, and are now a duly
organized commission, treating with a like commission of
officers of the Spanish army, for the capitulation of
Santiago de Cuba, unanimously join in earnestly soliciting
the proper authority to accord to these brave and chivalrous
soldiers the privilege of returning to their country bearing
the arms they have so bravely defended.

JOSEPH WHEELER,
Major-General, U.S. Vols.

H. W. LAWTON,
Major-General, U.S. Vols.

First Lieut., 2d Art., A.D.C.
J. D. MILEY.

Army of the Island of Cuba, Fourth Corps,
Santiago de Cuba, July 16, 1898.

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 assist 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 constitutes the
Division of Santiago de Cuba and described as follows: All
that portion of the Island of Cuba east of a line passing
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 assist
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.

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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