I wish that your Excellency would honor me with a personal interview to-morrow morning at 9 o’clock.  I will come accompanied by the Commanding General of the American army, and by an interpreter, which will permit you to be accompanied by two or three persons of your staff who speak English.  Hoping for a favorable answer, I have the honor to be,

     Very respectfully, your obedient servant,

     WILLIAM R. SHAFTER,
     Major-General, Commanding.

     Army of the Island of Cuba, Fourth Corps,
     Santiago de cuba, July 12, 1898—­9 P. M.

     To His Excellency, the General of the American Troops.

Esteemed Sir:—­I have the honor to answer your favor of this date, inform your Excellency that in deference to your desires I will be much honored by a conference with his Excellency, the Commanding General of your army, and your Excellency, to-morrow morning at the hour you have seen fit to appoint.

     Very respectfully, your obedient servant,

     (Signed) JOSE TORAL,
     Commander-in-Chief of the Fourth Army Corps.

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, agreed to by General Toral 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., and First Lieutenant J.D.  Miley, Second Artillery, A.D.C, representing General Shafter, commanding American forces, for the capitulation of the Spanish forces comprised in that portion of the Island of Cuba east of a line passing through Aserradero, Dos Palmas, Palma Soriano, Cauto Abajo, Escondida, 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 as 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 garrison 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.