Naval History and Heritage Command

Preliminary Agreement for the Surrender of Santiago de Cuba

          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,1 agreed to by General Toral2 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.,3 and 1st Lieutenant J. D. Miley, 2nd Artillery, A. D. C.,4 representing General Shafter,5 Commanding American Forces, for the capitulation of Spanish Forces comprised in that portion of the Island of Cuba east of a line passing through Asseradero, Dos Palmas, Palma Soriano, Cauto abajo, Recondida, 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 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 garrisons 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 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 the military archives and records pertaining to the Spanish Army now in said District.

          8.   That all of that portion of the Spanish Forces known as Volunteers, Movilizadoes 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 present 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 respective Commanding Generals.

(Signed):

     Joseph Wheeler,                  Frederick Escario,

          Major General Vols.

     H. W. Lawton,

          Major General Vols.          Ventura Pentan,

     J. D. Miley,                      Robt.Mason.

          1st Lieut., 2d Artillery,

                   A.D.C.