On the 10th of April, the Allies made another attack on the town, and were again repulsed with even greater loss than on the previous occasion. Commander Davis, who had been negotiating with the Allies, sent word to Walker, on the 23rd of April, offering a safe convoy to the women and children from Rivas to San Juan del Sur, an offer which was thankfully accepted.

On being relieved of his non-combatants, Walker felt that no obstacle now stood in the way of his evacuation of the city, whenever he deemed it proper, and a safe withdrawal on board of the schooner. Fayssoux had continued to keep a close watch on the enemy's movements in San Juan, preventing them throwing up fortifications or doing anything which should embarrass the occupation of the town by Walker. Commander Davis, acting as a peace-maker between the belligerents, but finding his office one of perilous delicacy for a raw diplomat, and being governed apparently by secret instructions, which new orders from Washington might nullify at any moment if he delayed too long, now brought matters to an unexpected crisis, by demanding Walker's surrender to the United States authorities. Such an astonishing demand had never before been made by a subordinate naval officer upon the President of a friendly government. It was indignantly and promptly rejected. Davis then assured Walker of the truth of two rumours which had reached Rivas; the first, that Lockridge had given up his attempt to retake the Transit route; the second, that no more steamers were to come from San Francisco. Accepting both statements, which were true, Walker replied that he purposed holding the city as long as his supplies lasted, after which he intended carrying his command on board the Nicaragua schooner-of-war Granada, and removing whithersoever he pleased. To which Davis responded, that it was his "unalterable and deliberate intention" to take possession of the schooner before he sailed from San Juan; that his instructions on that point were clear and imperative; and nothing but a countermand of his orders should induce him to depart from that intention. The enemy had previously made Fayssoux an offer of five thousand dollars to surrender the schooner; but what could not be won by force or bribe was more cheaply gained through the extraordinary action of an officer holding the commission and authority of the United States. Walker has been accused of ingratitude because he protested against the interference of Commander Davis. It was said that the United States had saved the filibusters from extermination; but there was not a man in Rivas who did not spurn the spurious claim. Ungrateful step-children, they had cherished a different ideal of a mother country!

CHAPTER XV

Ultimatum of Captain Davis — Evacuation of Rivas — Statistics of the campaign — Henningsen's opinion of his men — Characteristic anecdotes  — Frederick Ward — A filibuster's apotheosis.

The ultimatum of Davis, backed by the power at his command, destroyed Walker's last hope of retaining his hold in Nicaragua; this too, at a time when the tide of fortune had begun to show signs of turning. In despair of ever taking the city by assault, the Allies had sat down to besiege it, with scant patience. The formidable army of seven thousand which had invested Rivas in January had decreased within two months, through death and defection, to a comparatively small force of less than two thousand, two-thirds of them Costa Ricans and other foreigners. These were, moreover, short of powder, threatened with cholera and the rainy season, and so reduced as to be unable to man effectively the investing works, through which the American scouts penetrated freely when they pleased. With the garrison, desertion had done its worst. Walker had still with him 260 of his best fighting men, with plenty of arms and ammunition and two or three days' provisions. To cut his way through the hostile lines and reach his schooner would have been a much less difficult feat than Henningsen's evacuation of Granada. Capitulation had never been discussed or thought of by Walker, nor had Commander Davis hinted at his intention of seizing the Granada, until her possession had become of vital importance to the besieged.

The Leonese in the North had begun to murmur at the cost and misery of this prolonged, fruitless war, whose advantages, should it end favourably to the Allies, would most likely be reaped by those whom they loved no better than they did the Americans of the North. Walker, had he been allowed to embark his fighting men in safety, might expect to awaken in those old friends a new and stronger friendship, and resume the fight against the Serviles from the original point at Realejo. The possession of over a hundred prisoners, whom he could have carried with him as hostages, was a sufficient guarantee for the safety of the sick and wounded whom he would have been compelled to leave behind. Such, at least, are the arguments embodied in Henningsen's protest, and the facts conceded by all authorities justify his conclusions. But half of Walker's ammunition was on board the schooner, without which it would have been madness to attempt a change of base in presence of the enemy.

Walker, finding that Davis was firm in his determination, sent General Henningsen and Colonel Watters to meet the naval autocrat at the headquarters of the Allies and arrange terms of capitulation. An agreement was drawn up and submitted to Walker, on the 13th of April, but he declined to sign it, as it contained no provisions guaranteeing the safety in person and property of his native adherents who should have to remain in Nicaragua. Among the latter were many devoted men who had kept faithful to his fortunes throughout all, and on whom the wrath of the enemy would fall as soon as the dread filibusters should leave the country. On the next day an agreement was submitted and accepted by both parties, the provisions of which were as follows:—

"Rivas, May 1, 1857.

"An agreement is hereby entered into between General William Walker, on the one part, and Commander C. H. Davis, of the United States Navy, on the other part, and of which the stipulations are as follows:—Firstly. General William Walker, with sixteen officers of his staff, shall march out of Rivas, with their side-arms, pistols, horses, and personal baggage, under the guarantee of the said Captain Davis, of the United States Navy, that they shall not be molested by the enemy, and shall be allowed to embark on board the United States vessel of war, the St. Mary's, in the harbour of San Juan del Sur, the said Captain Davis undertaking to transport them safely, on the St. Mary's to Panama.

"Secondly. The officers of General Walker's army shall march out of Rivas with their side-arms, under the guarantee and protection of Captain Davis, who undertakes to see them safely transported to Panama in charge of a United States officer.