"Thirdly. The privates and non-commissioned officers, citizens, and employés of departments, wounded or unwounded, shall be surrendered, with their arms, to Captain Davis, or one of his officers, and placed under his protection and control, he pledging himself to have them transported safely to Panama, in charge of a United States officer, in separate vessels from the deserters from the ranks, and without being brought into contact with them.
"Fourthly. Captain Davis undertakes to obtain guarantees, and hereby does guarantee that all natives of Nicaragua, or of Central America, now in Rivas, and surrendered to the protection of Captain Davis, shall be allowed to reside in Nicaragua, and be protected in life and property.
"Fifthly. It is agreed that all such officers as have wives and families in San Juan del Sur shall be allowed to remain there under the protection of the United States consul, till an opportunity offers of embarking for Panama or San Francisco.
"General Walker and Captain Davis mutually pledge themselves to each other that this agreement shall be executed in good faith."
Such is the text of the treaty between the representative of the United States and his captive. The lenity, unheard of before in Central American warfare, which the Allies thus offered to the men whom they had vowed to exterminate, shows how highly they valued the services of Captain Davis. That they did not keep their merciful promise to the native prisoners, but harried them in the good old-fashioned style as soon as the gallant captain had sailed away, does not detract from the merit of their promise. They would have promised anything to be rid of the troublesome filibustero.
No stipulation had been made for the surrender of the ammunition and weapons of the besieged. Henningsen, therefore, before the evacuation began, set his gunners to work destroying all the artillery and ammunition, consisting of one four-pound brass gun, three five-pounders, two twelves, and three sixes, and four light iron twelve-pound mortars, also 55,000 cartridges, 300,000 caps, and 1,500 pounds of powder; no contemptible supply of saltpetre for a garrison lacking in bread.
The total number of men surrendering was 463, including 170 sick and wounded. One hundred and two prisoners taken from the Allies were set free and sent within the enemy's lines. Forty natives who had abided with him to the end, bade their grey-eyed chieftain a sorrowful adieu on the bright May morning that was his last in Rivas.
Bravely and deliberately the filibusters marched out of the town, Walker riding at the head, with blade on thigh and pistol in belt, and the same impassive visage that he would have worn in mounting a throne or a gallows. After him, Henningsen, tall, martial, frank of face, then bearded like a whiskered Pandour, and not without traces of powder from his morning's work. Gaunt Hornsby, a Northern Quixote in face and figure, rode beside phlegmatic Bruno Von Natzmer, erst Prussian cornet of hussars and friend of Baron Bulow, until differences of national adoption set them lustily to fighting each other; more fortunate than the Costa Rican baron, he lived to fight another day; Henry and Swingle, doughty gunners; Watters—Colonel Jack—he of the relief of Granada; Williamson, West, and a dozen others, brave men and true, accompanied their leader. Other brave men and true, scores and hundreds, lay beneath the orange trees of Rivas and Granada and San Jorge, and a score of hard-fought fields, who never again might follow a filibuster's flag or awake to martial trump until that of Gabriel sounds their reveillé.
Walker and sixteen of his officers were to go on board the St. Mary's, thence to Panama, and home. It is a striking, and in its way, an heroic picture, that of the filibuster chief parting from his wild, wayward, but devoted comrades. First, he must say not adieu but au revoir to 250 privates and non-commissioned officers, escorted by a United States lieutenant, who curses his job, to Virgin Bay, thence homeward as circuitously as may be; also to the sad contingent of sick and wounded, homeward bound by another course; finally, he gives a look of pitying scorn upon a battalion of recreant deserters whom, for their own safety, Captain Davis must despatch to the home which yearns not for them, by yet another route.
So fared they forth from Rivas and on to their several fates; Walker to gaze from the decks of the St. Mary's at his beloved schooner Granada, now captured by Davis, as promised, and turned over, as also (privately) promised to the Costa Ricans, and commanded, not without much pomp and glory, by a Jamaico negro—horribly satirical sequel to that slavery decree which was to have regenerated Central America. Commander Davis, most respectable of naval magnates, passed from Rivas unto well-earned promotion, chiefly by dint of meritorious longevity, and died, in the fulness of time, an admiral, having achieved nothing more important in his long life than the forcible overthrow of the filibuster chief.