The following document is the formal surrender
document for the capitulation of Santiago.
The document:
The Capitulation of Santiago, July 16,1898
Terms of the military convention for the capitulation of the Spanish forces occupying the territory which constitutes the division of Santiago de Cuba, and described as follows: All that portion of the island of Cuba east of the line passing through Aserradero, Dos Palmas, Cauto Abajo, Escondida, Tanamo, and Aguldora, said troops being in command of Gen. Jose Toral, agreed upon by the undersigned commissioners: Brig. Gen. Don Federico Escario, Lieut. Col. Of Staff Don Ventura Fontan, and, as interpreter, Mr. Robert Mason, of the city of Santiago de Cuba, appointed by Gen. Toral, commanding the Spanish forces, on behalf of the Kingdom of Spain, and Maj. Gen. Joseph Wheeler, United States Volunteers; Maj. Gen. H. W. Lawton, United States Volunteers; and First Lieut. J. D. Miley, Second Artillery, aid-de-camp, appointed by Gen. Shafter, commanding the American forces, on behalf of the United States:
1. That all hostilities between American and Spanish forces in this district absolutely and unequivocally cease.
2. That this capitulation includes all the forces and war material in said territory.
3. That the United States agrees with as little delay as possible to transport all the Spanish troops in the said district to the Kingdom of Spain, the troops being embarked, as far as possible, 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 private soldiers their personal property.
5. That the Spanish Authorities agree 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 the commander of the Spanish forces deliver, without delay, a complete inventory of all arms and munitions of war of the Spanish forces in the above-described district to the commander of the American forces; also a roster of said forces now in said district.
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 that portion of the Spanish forces known as volunteers, mobilizados, and guerrillas who wish to remain in the Island of Cuba are permitted to do so upon condition of delivering up their arms and taking a parole not to bear arms against the United States during the continuance of the present war between Spain and the United States.
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.
10. That the provisions of the foregoing instrument become operative immediately upon its being signed.
Entered into this 16th day of July, 1898, by the undersigned commissioners, acting under instructions from their respective commanding generals and with the approbation of their respective Governments.
Joseph Wheeler
Major General, United States Volunteers
H. W. Lawton
Major General, United States Volunteers
J. D. Miley
First Lieutenant, Second Artillery, Aid-di-Camp to General Shafter
Federico Escario
Ventura Fontan
Robt. Mason