The Colored Regulars in the United States Army Part 25

Army of the Island of Cuba, Fourth Corps, July 11, 1898.

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

Esteemed Sir:--I have the honor to advise your Eminence that your communication of this date is received, and in reply desire to confirm that which I said in my former communication, and also to advise you that I have communicated your proposition to the General-in-Chief.

Reiterating my sentiments, I am,

Very respectfully, your obedient servant,

(Signed) JOSE TORAL, Commander-in-Chief of the Fourth Corps and Military Governor of Santiago.

Headquarters Fifth Army Corps, Camp near Santiago de Cuba, July 12, 1898.

To His Excellency, Commander-in-Chief of Spanish Forces, Santiago de Cuba.

Sir:--I have the honor to inform your Excellency that I have already ordered a suspension of hostilities, and I will repeat that order, granting in this manner a reasonable time within which you may receive an answer to the message sent to the Government of Spain, which time will end to-morrow at 12 o'clock noon.

I think it my duty to inform your Excellency that during this armistice I will not move any of my troops that occupy the advanced line, but the forces that arrived to-day and which are debarking at Siboney require moving to this camp.

I wish that your Excellency would honor me with a personal interview to-morrow morning at 9 o'clock. I will come accompanied by the Commanding General of the American army, and by an interpreter, which will permit you to be accompanied by two or three persons of your staff who speak English. Hoping for a favorable answer, I have the honor to be,

Very respectfully, your obedient servant,

WILLIAM R. SHAFTER, Major-General, Commanding.

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

To His Excellency, the General of the American Troops.

Esteemed Sir:--I have the honor to answer your favor of this date, inform your Excellency that in deference to your desires I will be much honored by a conference with his Excellency, the Commanding General of your army, and your Excellency, to-morrow morning at the hour you have seen fit to appoint.

Very respectfully, your obedient servant,

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

Preliminary agreement for the capitulation of the Spanish forces which const.i.tute the division of Santiago de Cuba, occupying the territory herein set forth, said capitulation authorized by the Commander-in-Chief of the Island of Cuba, agreed to by General Toral and awaiting the approbation of the Government at Madrid, and subject to the following conditions:

Submitted by the undersigned Commissioners--

Brigadier-General Don Frederick Escario, Lieutenant-Colonel of Staff Don Ventura Fontan and Mr. Robert Mason, of the city of Santiago de Cuba, representing General Toral, commanding Spanish forces, to 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, representing General Shafter, commanding American forces, for the capitulation of the Spanish forces comprised in that portion of the Island of Cuba east of a line pa.s.sing through Aserradero, Dos Palmas, Palma Soriano, Cauto Abajo, Escondida, Tanamo and Aguilera, said territory being known as the Eastern District of Santiago, commanded by General Jose Toral.

1. That pending arrangements for capitulation all hostilities between American and Spanish forces in this district shall absolutely and unequivocally cease.

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

3. That after the signing of the final capitulation 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, as near as possible, to embark 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 enlisted men their personal property.

5. That after final capitulation the Spanish authorities agree without delay 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 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 n.o.ble 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.