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 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, Movilizados and Guerillas, who wish to remain in the Island of Cuba, are permitted to do so upon the 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 the 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 sixteenth day of July, eighteen hundred and ninety-eight, by the undersigned Commissioners, acting under instructions from their respective commanding generals and with the approbation of their respective governments.

     (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.

The following dispatch, sent by General Linares, will show how desperate were the straits into which he had been driven and how earnestly he desired to be granted authority to avoid further fighting by the surrender of his forces at Santiago: 

     Santiago de Cuba, July 12, 1898.

     The General-in-Chief to the Secretary of War.

Although prostrated in bed from weakness and pain, my mind is troubled by the situation of our suffering troops, and therefore I think it my duty to address myself to you, Mr. Secretary, and describe the true situation.

The enemy’s forces very near city; ours extended fourteen kilometres (14,000 yards).  Our troops exhausted and sickly in an alarming proportion.  Cannot be brought to the