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