The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-07-17

Copyright 1898 by Associated Press.)
At General Wheeler's Headquarters,
before Santiago de Cuba, July 1o-lO a.
m.-Via Kingston, Jamaica, July To-
7:2o Il. m.-The preliminary basis for the
capitulaton of the Spanish forces IN
eastern Cuba was agreed to and signed
under picturesque cieba tree, half way
between the lines, shortly after midnight.
Our commissioners were invited 10 en-
ter the city by those representing Gener-
al Toral, but the invitation was declinsT
and the conference was held under the
spreading cieba, just such a tree as that
under which Columbus assisted at the
celebration of mass on his first landing
in Cuba, near Havana.
AT the very outset hitch occurred
owing to misunderstanding of what
was said at the personal interview be-
tween General Shafter and General
Toral at noon. AT that time our in
terpreter, translating the language Of
General Toral, had given Generals Shaf-
ter Miles and Wheeler distinctly to I'M
derstand that Captain General Blanco
had consented that the commissioners
should have plenary powers to negotiate
the terms of surrender. such terms as
they agreed upon to be binding upon
both parties. Something was said about
a notification to the Madrid government,
but General Shafter insisted that the
capitulation had been actually agreed to
and that no further consent of the Mad
rid government was required
When the commissioners met shortly
after 2 O'Clock in the afternoon, those
in behalf of General Toral General
Escario, Lieutenant Colonel Fortan and
Robert Mason, the British ViceConsuD,
combatted at once the idea that the
capitulation had in fact actually taken
place. The consent of Madrid, they in
sisted, was still necessary; but, at the
same time. they claimed strongly that it
would be forthcoming, as Captain Gen
eral Blanco had authorized it and the
home government would do the same.
General Toral, who was personally pres
ent, and who, i'll fact, directed the ne
gotiations under his own behalf, said
he had never been over-ruled by the
Captain General. Still, he added, until
Madrid had sanctioned it, Santiago had
not capitulated.
This was extremely unsatisfactory to
our commissioners, who chung tenacious
ly to the understanding General Shafter
had received earlier in the day.
Finally, with the question of whether
or not the Spanish forces had actually
surrendered still open. the commissioners
proceeded to the consideration of the
preliminaries.
Captain Miley had drawn up thirteen
articles of a general nature and these
were submitted to General Toral person
ally. He made a strong appeal that the
word "capitulation" be used instead Of
the harsher term surrender" and that
his army be allowed to march out the
officers with their side arms and the
men with small arms. He said the
arms could afterward be sent to Spain,
either on the same ships with the troop,
or on some other ships. General Toral
further remarked that he expected our
commissioners. as representatives of a
brave and chivalrous people. would not
seek to humiiate his army or make it
appear that he was vanquiShed. AS
brave men. his soldiers desired to go
home with honor. They had simply yield
ed to superior force, and they would
prefer dying to going home without their
honor. n
Our commissioners could not resist this
appeal, but they said it lay beyond the
terms laid down by our government, and
they could only recommend the matter to
Washington.
At 4 o'clock General Toral returned
to the city to consult with General
Linares, who had been enormously re-
ported dead.
General Toral and the Spanish com
missiOners returned at 6:3O, saying they
desired a still further change in the
phraseOlogy of the articles, and suggest
Il pOstponement of the negotiations until
morning This General Wheeler firmly
declined. Thereupon recess was taken
until $50. The commissioners returned
at that hour and the articles were again
gone over in detail Various changes of
verbiage. which tended only to soften
the sound of the terms without affecting
the sense, were proposed by the Spanish,
and our commissioners accepted prac-
tically all of them.
Shortly after midnight. General
Wheeler suggested that the good faith of
the Spanish commissioners be tested. All
tho articlace Vpr ra-rpad and aach com