heeler,
U.S.V., Major-General H.W. Lawton, U.S.V., and First
Lieutenant J.D. Miley, Second Artillery, A.D.C, representing
General Shafter, commanding American forces, for the
capitulation of the Spanish forces comprised in that portion
of the Island of Cuba east of a line passing through
Aserradero, Dos Palmas, Palma Soriano, Cauto Abajo,
Escondida, Tanamo and Aguilera, said territory being known
as the Eastern District of Santiago, commanded by General
Jose Toral.

1. That pending arrangements for capitulation all
hostilities between American and Spanish forces in this
district shall absolutely and unequivocally cease.

2. That this capitulation includes all the forces and war
material in said territory.

3. That after the signing of the final capitulation the
United States agrees, with as little delay as possible, to
transport all the Spanish troops in said district to the
Kingdom of Spain, the troops, as near as possible, to embark
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 enlisted men
their personal property.

5. That after final capitulation the Spanish authorities
agree without delay 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 after final capitulation the commander of the
Spanish forces deliver without delay a complete inventory of
all arms and munitions of war of the Spanish forces and a
roster of the said forces now in the above-described
district, to the commander of the American forces.

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 of 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 under parole not
to take up arms against the United States during the
continuance of the war between Spain and the United States,
delivering up their arms.

9. That the Spanish forces will march out of Santiago de
Cuba with honors of war,