MAJOR-GENERAL JOSEPH WHEELER.
“In due time I wish to manifest to your excellency that I desire to know the resolution of the United States government respecting the return of arms, so as to note on the capitulation, also the great courtesy and gentlemanly deportment of your great grace’s representatives, and return for their generous and noble impulse for the Spanish soldiers, will allow them to return to the peninsula with the arms that the American army do them the honour to acknowledge as dutifully descended.
(Signed) “Jose Toral,
“Commander-in-Chief Fourth Army Corps.”
July 16. Commissioners on behalf of the United States and of Spain were appointed, and after but little discussion an agreement between them was arrived at.
The agreement consists of nine articles.
The first declared that all hostilities cease pending the agreement of final capitulation.
Second: That the capitulation includes all the Spanish forces and the surrender of all war material within the prescribed limits.
Third: The transportation of the troops to Spain at the earliest possible moment, each force to be embarked at the nearest port.
Fourth: That the Spanish officers shall retain their side-arms and the enlisted men their personal property.
Fifth: That after the final capitulation, the Spanish forces shall assist in the removal of all obstructions to navigation in Santiago Harbour.