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 the 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 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, Movilizados 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 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 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,