10 o'clock to-morrow morning. It is my
duty to say to you that this city will not surrender, and
that I will inform the foreign consuls and inhabitants of
the contents of your message.

Very respectfully,

JOSE TORAL,
Commander-in-Chief, Fourth Corps,

Headquarters Fifth Army Corps,
Camp near San Juan River, Cuba, July 4, 1898.

The Commanding General, Spanish Forces, Santiago de Cuba, Cuba.

Sir:--I was officially informed last night that Admiral
Cervera is now a captive on board the U.S.S. Gloucester, and
is unharmed. He was then in the harbor of Siboney. I regret
also to have to announce to you the death of General Vara
del Rey at El Caney, who, with two of his sons, was killed
in the battle of July 1st. His body will be buried this
morning with military honors. His brother,
Lieutenant-Colonel Vara del Rey, is wounded and a prisoner
in my hands, together with the following officers: Captain
Don Antonio Vara del Rey, Captain Isidor Arias, Captain
Antonio Mansas, and Captain Manuel Romero, who, though
severely wounded, will all probably survive.

I also have to announce to you that the Spanish fleet, with
the exception of one vessel, was destroyed, and this one is
being so vigorously pursued that it will be impossible for
it to escape. General Pando is opposed by forces sufficient
to hold him in check.

In view of the above, I would suggest that, to save needless
effusion of blood and the distress of many people, you may
reconsider your determination of yesterday. Your men have
certainly shown the gallantry which was expected of them.

I am, sir, with great respect,

Your obedient servant,

WILLIAM R. SHAFTER,
Major-General, Commanding United States Forces.

Headquarters Fifth Army Corps,
Camp near San Juan River, Cuba, July 4, 1898.

To the Commanding General, Spanish Forces, Santiago de Cuba, Cuba.

Sir:--The fortune of war has thrown into my hands quite a
number of officers and private soldiers, whom I am now
holding as prisoners of war, and I have the honor to propose
to you that a cartel of exchange be arranged to-day, by
which the prisoners taken by the forces of Spain from on
board the Merrimac, and any officers and men of the army who
may have fallen into our hands within