New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-17
SURRENDER AGREEMENT
BASIS FOR THE SANTIAGO
CAPITULATION.
AFTER HITCH IN THE PROCEEDINGS
THE SPANISH COMMISSIONERS
SIGN THE ARTICLES


SIGN THE ARTICLES
General Wheeler's Headquarters. before SAM
Jamaica. July 16.-The preliminary basis for
the capitulaton Of the Spanish forces In East
ern Cuba agreed to and signed under
picturesque ceba tree half way between the
lines shortly after midnight The American
commissioners were invited to enter the city
by those representing General Toral. but tho
invitation was declined. and the conference was
held under the spreading cieba.
At the very outset hitch occurred, owing
to misunderstanding Of what was said at the
personal interview between General Shafter and
General Toral at noon. At that time the In.
terpreter. translating the language OF General
Toral. had given Generals Shafter Miles and
Wheeler distinctly to understand that Captain
General Blanco had consented that the com.
missioners should have penary powers to nego-
tiate the terms Of surrender such terms al
they agreed upon to be binding upon both
parties.
Something was said about reference to
the Madrid Government. but General Shafter
insisted that the capitulation had been actually
agreed to- and that no further consent of the
Madrid Government was required
WANTED CONSENT OF MADRID.
When the commissioners met shortly after
o'clock In the afternoon those in behalf OF Gen.
eral Toral General Escaro, Lieutenant Colonel
Fortan and Albert Mason. the British Vice.
ConsuD, combated at once the idea that the
capitulation had In fact actually taken place
The consent OF Madrid they insisted. was still
necessary. but at the same time tkey asserted
strongly that 1t would be forthcoming as Cap
tain-Genera Eanco had authorized it, and the
home Government would do the same
General Toral. who was personally present and
who in fact. directed the negotiations on his
own behalf. said he had never been overruled
by the Captain General STILL he added until
Madrid had sanctioned it Santiago had not
capitulated
All this was extremely unsatisfactory to the
American commissioners who clung tenacously
to the understanding General Shafter had re-
ceved earlier in the day. Finally. with the
question Of whether or net the Spanish forces
had actually surrendered still open. the COM
missioners proceeded to the consideration of
the preminaries.
OBJECTED TO SURRENDER"
Captain Mley had drawn up thirteen articles
Of general nature and these were submitted
to General Toral personally. 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 tho
officers with their side arms and the men with
their small arms. He said the arms could after
ward be sent to Spain. either on the same ships
with the troops some other ships
General Toral further remarked that he ex-
pected the commissioners as representatives
OF brave and chivalrous people would not
seek to humiliate his army or make It appear
that he was vanquished. AS brave men. his
soldiers desired to go home with honor They
had simply yielded to superior force. and they
would prefer dying to going home without their
honor
The American Commissioners could not resist
this appeal, but they said 1t lay beyond the
terms laid down by the Government. and they
could only recommend the matter to Washing
ton AT o'clock General Toral returned to the
city to consult with General Linares.
General Toral and the Spanish commission.
ers returned at $780, saying that they desired a
still further change in the phraseolosy OF the
articles. and suggested a postponement Of the
negotiations until morning. This General Wheeler
firmly declined and recess was taken until
93O
SOFTENING SOUND OF TERMS
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 af-
fectng their sense proposed by the Span
iards and our Commissioners accepted prac-
ticay all Of them.
Shortly after midnight General Wheeler sug-
gested that the good faith OF the Spanish COM
missioners be tested. All the articles were re-
read and each in turn was asked II they were
satisfactory. When they replied in the affirma-
tive. General Wheeler asked them to afix their
signatures This they appeared reluctant to do.
but they could not well refuse. and they all
signed. The commissioners then separated, to