The herald., 1898-07-17
TROUBLESOME TERMS
THE COMMISSIONERS WORK
GIVEN IN DETAIL
Toral Was a Stickler for Terms-He
Wanted to Capitulate and Not
to Surrender


turesqus cieba tree half way between the
lines shortly after midnight. Our COM
missioners were invited to enter the city
by those representing General Toral, but
the invitation was declined and the confer
ence was held under the spreading cieba,
Just such tree as that under which Column
bus assisted at the celebration Of mass on
his first landing in Cuba near Havana. AT
the very outset hitch occurred, owing TO
a misunderstanding of what was said at the
personal interview between General Shaf-
ter and General Toral at noon. At that time
our interpreter. translating the language OF
General Toral, had given Generals Shafter,
Miles and Wheeler distinctly to understand
that Captain General Blanco had consented
that the commissioners should have plenary
power to negotiate the terms Of surrender,
such terms as they agreed upon to be bind
ing upon both parties Something was
said about notification to the Madrid gov
eminent, but General Shafter insisted that
the capitulation had been actually agreed
to, and that no further consent of the
Madrid government was required.
When the commissioners met shortly af-
ter o'clock in the afternoon those In be-
half of General Toral General Escario,
Lieut. Col. Fortain and Robert Mason, the
British vice consuD oombatted at once the
idea that capitulation had 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 General Blanco
had advised it and the home government
would do the same thing. General Toral,
who was 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
our commissioners, who chung tenaciously to
the understanding General Shafter had re-
ceived earlier in the day.
Finally. with the question Of whether or
not the Spanish forces had actually surren-
dered still open, the commissioners proceed
ed to the consideration of the preliminaries.
Captain Miley had drawn up thirteen ar
ticles 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 harsh
er term, Surrender" and that his army be
allowed to march out. the officers with their
side arms and the men with their small
arms. He said the arms could afterwards
be sent to Spain either on the ships with
the troops or on other ships. General To-
raj further remarked he expected our COM
manders, as representativesOf brave and
chivalrous people, would not seek to HUI
initiate his army or make 1t appear that he
was vanquished. AS brave men, his SOL
diers desired to go home with honor. They
had simply yielded to superior force and
they would prefer dying to going home
without their honor.
Our commissioners could not resist this
appeal. but they said 1t lay beyond the
terms laid down by our government and
they could only recommend them to Wash
ington.
At o'clock General Toral returned to the
city to consult with General Lnares. Cen
eral Toral and the Spanish commissioners
returned at $50 o'clock, saying they de-
sired a still further change In the phras-
eology Of the articles and suggested q post
ponement until morning. This General
Wheeler firmly declined. Thereupon re-
cess was taken until $50. The commits
sioners returned at that hour and the ar
ticles were again gone over In detail. Vari-
GUS changes of verbiage which tended only
to soften some Of the terms without affect
ing the sense were proposed by the Span
iards and our commissioners accepted prac-
tically all of them.
Shortly after midnight General Wheeler
suggested that the good faith Of the Span
ish be tested. All the articles were re-read,
and each commissioner was asked in turn II
they were satisfactory. When they re-
piled In the affirmative General Wheeler
asked them to af1ix their signatures. This
they appeared reluctant to do, but could
not well refuse. When all had signed the
commissioners departed, to meet again at
$50 in the morning.
The principal municipal authorities are
to continue in control OF the city until the
Spanish troops are embarked.
The Spanish troops from other parts are
to be embarked at the nearest port.
Refugees are to return to their homes.
but not until the sanction Of Madrid is re-
ceived and the same applies to the removal
of the distractions at the mouth Of the
harbor
Pending this, however. Miss Clara Bar
ton and the Red Cross agents, with sup
plies are to be allowed to enter the city
over the line of the Juragua Railroad.
The water main which was cut is to be
repaired today.
No Cubans are to be allowed to enter the
city. All the artillery and the batteries at
the entrance of the harbor are to left In
tact and we are to obtain possession Of the
gunboat In the harbor.
Pending the sanction of Madrid every
thing is at a standstill and as result the
troops on both sides are in the trenches.
While there L. only a remote chance Of the
government at Madrid upsetting every
thing at the last moment, such an event is
still recognized as a possibility. However,
our plans are being prepared as though
the campaign was over.
General Skaters headquarters are to be
moved probably today, to the high ground
north of the city where the whole of our
army will be encamped after Santiago is
evacuated, pending the possibility OF its en-
barkation for the Island of Porto Rico.
The troops which were landed at Siboney
but which were not brought up are to be
sent back on board the transports immedi-
ately, while American troops will remain
here as a garrison and the number has not
been decided on. There Is some talk of gar
risoning Santiago with several regiments
from the Southern States which are under
stood to be at sea at present.
The condition of the city Of Santiago
seems to be dreadful with filth and stencil
everywhere. There is much sickness among
the Spanish soldiers due to bad and unsuf-
hcient food Our commissioners have gone
In IN rneat tha Sua nish commissioners