Taking the foregoing remarks and the instructions of the undersigned to his commissioners-which instructions were substantially communicated to the Mexican commissioners-as the basis of an honorable capitulation, the undersigned, to spare the further effusion of blood, is willing to refer back the whole subject to the same commissioners of the two parties, provided that the said commissioners meet again to day at ten o'clock, A. M., at the same place as yesterday, and proceed without delay to a definite conclusion of the whole subject.

The undersigned will wait the answer of his excellency, General Landero, up to nine o'clock this day, and, in the mean time renews the assurances of his high respect and consideration.

WINFIELD SCOTT.

The terms upon which the city surrendered are as follows: 1. The whole garrison or garrisons, to be surrendered to the arms of the United States, as prisoners of war, the 29th instant, at ten o'clock, A. M.; the garrison to be permitted to march out with all the honors of war, and to lay down their arms to such officers as may be appointed by the general-in-chief of the United States armies, and at a point to be agreed upon by the commissioners.

2. Mexican officers shall preserve their arms and private effects including horses and horse furniture, and to be allowed, regular and irregular, as also the rank and file, five days to retire to their respective homes on parole, as hereinafter described.

3. Coincident with the surrender, as stipulated in article 1, the Mexican flags of the various forts and stations shall be struck, saluted by their own batteries; and immediately thereafter, Forts Santiago and Conception, and the castle of San Juan de Ulloa, occupied by the forces of the United States.

4. The rank and file of the regular portion of the prisoners to be disposed of after surrender and parole, as their general-in-chief may desire, and the irregular to be permitted to return to their homes. The officers in respect to all arms and description of force, giving the usual parole, that the said rank and file, as well as themselves, shall not serve again until duly exchanged.

5. All the material of war, and all public property of every description found in the city, the castle of San Juan de Ulloa and their

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Taking the foregoing remarks and the instructions of the undersigned to his commissioners-which instructions were substantially communicated to the Mexican commissioners-as the basis of an honorable capitulation, the undersigned, to spare the further effusion of blood, is willing to refer back the whole subject to the same commissioners of the two parties, provided that the said commissioners