FOOTNOTES:
Headquarters Department of the Gulf,
New Orleans, August 22, 1862.General Orders No. 63.
"Whereas, on the 23d day of April, in the year eighteen hundred and sixty-one, at a public meeting of the free colored population of the city of New Orleans, a military organization, known as the 'Native Guards' (colored), had its existence, which military organization was duly and legally enrolled as a part of the militia of the State, its officers being commissioned by Thomas O. Moore, Governor and Commander-in-Chief of the militia of the State of Louisiana, in the form following, that is to say:
The State of Louisiana.
(Seal of the State.)By Thomas Overton Moore, Governor of the State of Louisiana, and commander-in-chief of the militia thereof.
"'In the name and by the authority of the State of Louisiana: Know ye that —— ——, having been duly and legally elected captain of the "Native Guards" (colored), first division of the Militia of Louisiana, to serve for the term of the war,
"'I do hereby appoint and commission him captain as aforesaid, to take rank as such, from the 2d day of May, eighteen hundred and sixty-one.
"'He is, therefore, carefully and diligently to discharge the duties of his office by doing and performing all manner of things thereto belonging. And I do strictly charge and require all officers, non-commissioned officers and privates under his command to be obedient to his orders as captain; and he is to observe and follow such orders and directions, from time to time, as he shall receive from me, or the future Governor of the State of Louisiana, or other superior officers, according to the Rules and Articles of War, and in conformity to law.
"'In testimony whereof, I have caused these letters to be made patent, and the seal of the State to be hereunto annexed.
"'Given under my hand, at the city of Baton Rouge, on the second day of May, in the year of our Lord one thousand eight hundred and sixty-one.
(L.S.) (Signed) THOS. O. MOORE.
"'By the Governor:
(Signed) P.D. HARDY,
Secretary of State.(Wilson: Black Phalanx, p. 194.)
[27] De Tocqueville: L'Ancien Régime et La Revolution, p. 125-6.
[28] Thomas Westworth Higginson: Army Life in a Black Regiment, pp. 57-8.
[29] Thomas Wentworth Higginson: Army Life in a Black Regiment, p. 261.
[30] Williams's Negro Troops in the Rebellion, pp. 339-40, quoting the order.
[31] Williams's Negro Troops in the Rebellion, pp. 334-6, original order quoted.
[32] See pp. 351-6 MS.
[33] Wilson: Black Phalanx, p. 211, original order quoted.
[34] Campaigns of the Civil War. F.V. Greene. The Mississippi, p. 226 et seq.
[35] Williams's Negro Troops in the Rebellion, p. 221, original order quoted.
[36] MS. Archives of Massachusetts, Vol. 180, p. 241, quoted in Williams's Negro Troops in the Rebellion, p. 13.
APPENDIX.
The correspondence following shows the progress of the negotiations for the surrender of the city of Santiago and the Spanish Army, from the morning of July 3d until the final convention was signed on the sixteenth of the same month. This surrender virtually closed the war, but did not restore the contending nations to a status of peace. Twenty-three thousand Spanish soldiers had laid down their arms and had been transformed from enemies to friends. On the tenth of August following, a protocol was submitted by the President of the United States, which was accepted by the Spanish cabinet on the eleventh, and on the twelfth the President announced the cessation of hostilities, thus closing a war which had lasted one hundred and ten days. On the tenth of December a Treaty of Peace between the United States and Spain was signed at Paris, which was subsequently ratified by both nations, and diplomatic relations fully restored. The war, though short, had been costly. One hundred and fifty million dollars had been spent in its prosecution, and there were left on our hands the unsolved problem of Cuba and the Philippines, which promised much future trouble.
Within a month from the signing of the convention, the Army of Invasion, known as the Fifth Army Corps, was on its homeward voyage, and by the latter part of August the whole command was well out of Cuba. Well did the soldiers themselves, as well as their friends, realize, as the former returned from that campaign of a hundred days, that war in the tropics was neither a pastime nor a practice march. The campaign had tested the powers of endurance of the men to its utmost limit. The horrors of war were brought directly to the face of the people, as the ten thousand invalids dragged their debilitated forms from the transports to their detention camps, or to the hospitals, some too helpless to walk, and many to die soon after greeting their native shores. Those who had been so enthusiastic for the war were now quiet, and were eagerly laying the blame for the sorrow and suffering before them upon the shoulders of those who had conducted the war. Few stopped to think that a good part of this woe might be justly charged to those who had constantly resisted the establishment of an adequate standing army, and who, with inconsistent vehemence, had urged the nation into a war, regardless of its military equipment. The emaciated veterans arriving at Montauk were spoken of as the evidences of "military incompetency;" they were also evidence of that narrow statesmanship which ignores the constant suggestions of military experience.
Headquarters United States Forces,
Near San Juan River, July 3, 1898—8.30 A.M.To the Commanding General of the Spanish Forces, Santiago de Cuba.
Sir:—I shall be obliged, unless you surrender, to shell Santiago de Cuba. Please inform the citizens of foreign countries, and all the women and children, that they should leave the city before 10 o'clock to-morrow morning.
Very respectfully, your obedient servant,
WILLIAM R. SHAFTER,
Major-General U.S.V.
Reply.
Santiago de Cuba, July 3, 1898.
His Excellency the General Commanding Forces of United States, near San Juan River.
Sir:—I have the honor to reply to your communication of to-day, written at 8.30 A.M., and received at 1 P.M., demanding the surrender of this city, or, in contrary case, announcing to me that you will bombard this city, and that I advise the foreigners, women and children that they must leave the city before 10 o'clock to-morrow morning. It is my duty to say to you that this city will not surrender, and that I will inform the foreign consuls and inhabitants of the contents of your message.
Very respectfully,
JOSE TORAL,
Commander-in-Chief, Fourth Corps.Headquarters Fifth Army Corps,
Camp near San Juan River, Cuba, July 4, 1898.The Commanding General, Spanish Forces, Santiago de Cuba, Cuba.
Sir:—I was officially informed last night that Admiral Cervera is now a captive on board the U.S.S. Gloucester, and is unharmed. He was then in the harbor of Siboney. I regret also to have to announce to you the death of General Vara del Rey at El Caney, who, with two of his sons, was killed in the battle of July 1st. His body will be buried this morning with military honors. His brother, Lieutenant-Colonel Vara del Rey, is wounded and a prisoner in my hands, together with the following officers: Captain Don Antonio Vara del Rey, Captain Isidor Arias, Captain Antonio Mansas, and Captain Manuel Romero, who, though severely wounded, will all probably survive.
I also have to announce to you that the Spanish fleet, with the exception of one vessel, was destroyed, and this one is being so vigorously pursued that it will be impossible for it to escape. General Pando is opposed by forces sufficient to hold him in check.
In view of the above, I would suggest that, to save needless effusion of blood and the distress of many people, you may reconsider your determination of yesterday. Your men have certainly shown the gallantry which was expected of them.
I am, sir, with great respect,
Your obedient servant,
WILLIAM R. SHAFTER,
Major-General, Commanding United States Forces.
Headquarters Fifth Army Corps,
Camp near San Juan River, Cuba, July 4, 1898.To the Commanding General, Spanish Forces, Santiago de Cuba, Cuba.
Sir:—The fortune of war has thrown into my hands quite a number of officers and private soldiers, whom I am now holding as prisoners of war, and I have the honor to propose to you that a cartel of exchange be arranged to-day, by which the prisoners taken by the forces of Spain from on board the Merrimac, and any officers and men of the army who may have fallen into our hands within the past few days, may be returned to their respective governments on the terms usual in such cases, of rank for rank. Trusting that this will meet with your favorable consideration, I remain,
Very respectfully, your obedient servant,
WILLIAM R. SHAFTER,
Major-General, Commanding United States Forces.
Headquarters Fifth Army Corps,
Camp near San Juan River, Cuba, July 4, 1898.To the Commanding Officer, Spanish Forces, Santiago.
Sir:—It will give me great pleasure to return to the city of Santiago at an early hour to-morrow morning all the wounded Spanish officers now at El Caney who are able to be carried and who will give their parole not to serve against the United States until regularly exchanged. I make this proposition, as I am not so situated as to give these officers the care and attention that they can receive at the hands of their military associates and from their own surgeons; though I shall, of course, give them every kind treatment that it is possible to do under such ad verse circumstances. Trusting that this will meet with your approbation, and that you will permit me to return to you these persons, I am,
Your very obedient servant,
WILLIAM R. SHAFTER,
Major-General, Commanding United States Forces.
Army of the Island of Cuba,
Fifth Corps, General Staff.To His Excellency the Commander-in-Chief of the American Forces.
Excellency:—I have the honor to reply to the three communications of your Excellency, dated to-day, and I am very grateful for the news you give in regard to the generals, chiefs, officers and troops that are your prisoners, and of the good care that you give to the wounded in your possession. With respect to the wounded, I have no objection to receiving in this place those that your Excellency may willingly deliver me, but I am not authorized by the General-in-Chief to make any exchange, as he has reserved to himself that authority. Yet I have given him notice of the proposition of your Excellency.
It is useless for me to tell you how grateful I am for the interest that your Excellency has shown for the prisoners and corpse of General Vara del Rey, giving you many thanks for the chivalrous treatment.
The same reasons that I explained to you yesterday, I have to give again to-day—that this place will not be surrendered.
I am, yours with great respect and consideration,
(Signed) JOSE TORAL.
In Santiago de Cuba, July 4, 1898.
Headquarters Fifth Army Corps,
Camp near San Juan River, Cuba, July 6, 1898.To the Commander-in-Chief, Spanish Forces, Santiago de Cuba.
Sir:—In view of the events of the 3d instant, I have the honor to lay before your Excellency certain propositions to which, I trust, your Excellency, will give the consideration which, in my judgment, they deserve.
I inclose a bulletin of the engagement of Sunday morning which resulted in the complete destruction of Admiral Cervera's fleet, the loss of six hundred of his officers and men, and the capture of the remainder. The Admiral, General Paredes and all others who escaped alive are now prisoners on board the Harvard and St. Louis, and the latter ship, in which are the Admiral, General Paredes and the surviving captains (all except the captain of the Almirante Oquendo, who was slain) has already sailed for the United States. If desired by you, this may be confirmed by your Excellency sending an officer under a flag of truce to Admiral Sampson, and he can arrange to visit the Harvard, which will not sail until to-morrow, and obtain the details from Spanish officers and men on board that ship.
Our fleet is now perfectly free to act, and I have the honor to state that unless a surrender be arranged by noon of the 9th instant, a bombardment will be begun and continued by the heavy guns of our ships. The city is within easy range of these guns, the eight-inch being capable of firing 9,500 yards, the thirteen-inch, of course, much farther. The ships can so lie that with a range of 8,000 yards they can reach the centre of the city.
I make this suggestion of a surrender purely in a humanitarian spirit. I do not wish to cause the slaughter of any more men, either of your Excellency's forces or my own, the final result, under circumstances so disadvantageous to your Excellency being a foregone conclusion.
As your Excellency may wish to make reference of so momentous a question to your Excellency's home government, it is for this purpose that I have placed the time of the resumption of hostilities sufficiently far in the future to allow a reply being received.
I beg an early answer from your Excellency.
I have the honor to be,
Very respectfully, your obedient servant,
W. R. SHAFTER,
Major-General, Commanding.
Headquarters Fifth Army Corps,
Camp near Santiago, July 9, 1898.Hon. Secretary of War, Washington, D.C.
I forwarded General Toral's proposition to evacuate the town this morning without consulting any one. Since then I have seen the general officers commanding divisions, who agree with me in that it should be accepted.
1st. It releases at once the harbor.
2d. It permits the return of thousands of women, children and old men, who have left the town, fearing bombardment, and are now suffering fearfully where they are, though I am doing my best to supply them with food.
3d. It saves the great destruction of property which a bombardment would entail, most of which belongs to Cubans and foreign residents.
4th. It at once releases this command while it is in good health for operations elsewhere. There are now three cases of yellow fever at Siboney in a Michigan regiment, and if it gets started, no one knows where it will stop.
We lose by this, simply some prisoners we do not want and the arms they carry. I believe many of them will desert and return to our lines. I was told by a sentinel who deserted last night that two hundred men wanted to come, but were afraid our men would fire upon them.
W.R. SHAFTER,
Major-General, United States Volunteers.
Reply.
Washington, D.C., July 9, 1898.
Major-General Shafter, Playa, Cuba.
In reply to your telegram recommending terms of evacuation as proposed by the Spanish commander, after careful consideration by the President and Secretary of War, I am directed to say that you have repeatedly been advised that you would not be expected to make an assault upon the enemy at Santiago until you were prepared to do the work thoroughly. When you are ready this will be done. Your telegram of this morning said your position was impregnable and that you believed the enemy would yet surrender unconditionally. You have also assured us that you could force their surrender by cutting off their supplies. Under these circumstances, your message recommending that Spanish troops be permitted to evacuate and proceed without molestation to Holguin is a great surprise and is not approved. The responsibility for the destruction and distress to the inhabitants rests entirely with the Spanish commander. The Secretary of War orders that when you are strong enough to destroy the enemy and take Santiago, you do it. If you have not force enough, it will be despatched to you at the earliest moment possible. Reinforcements are on the way of which you have already been apprised. In the meantime, nothing is lost by holding the position you now have, and which you regard as impregnable.
Acknowledge receipt. By order of the Secretary of War.
(Signed) H.C. CORBIN, Adjutant-General.
Headquarters United States Forces,
Camp near San Juan River, Cuba, July 11, 1898.To His Excellency, the Commander-in-Chief of the Spanish Forces, Santiago de Cuba.
Sir:—With the largely increased forces which have come to me, and the fact that I have your line of retreat securely within my hands, the time seems fitting that I should again demand of your Excellency the surrender of Santiago and your Excellency's army. I am authorized to state that should your Excellency so desire, the Government of the United States will transport your entire command to Spain. I have the honor to be,
Very respectfully, your obedient servant,
WILLIAM R. SHAFTER,
Major-General, Commanding.
Reply.
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 constitute 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 passing 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 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 r ecords 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 agre eable 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 a nd 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.
