Esteemed Sir:--I have the honor to answer your favor of this date, inform your Excellency that in deference to your desires I will be much honored by a conference with his Excellency, the Commanding General of your army, and your Excellency, to-morrow morning at the hour you have seen fit to appoint. Very respectfully, your obedient servant, (Signed) JOSE TORAL, Commander-in-Chief of the Fourth Army Corps. Preliminary agreement for the capitulation of the Spanish forces which constitute the division of Santiago de Cuba, occupying the territory herein set forth, said capitulation authorized by the Commander-in-Chief of the Island of Cuba, agreed to by General Toral and awaiting the approbation of the Government at Madrid, and subject to the following conditions: Submitted by the undersigned Commissioners-- Brigadier-General Don Frederick Escario, Lieutenant-Colonel of Staff Don Ventura Fontan and Mr. Robert Mason, of the city of Santiago de Cuba, representing General Toral, commanding Spanish forces, to Major-General Joseph Wheeler, 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.