Walker, finding that Davis was firm in his determination, sent General Henningsen and Colonel Watters to meet the naval autocrat at the headquarters of the Allies and arrange terms of capitulation. An agreement was drawn up and submitted to Walker, on the 13th of April, but he declined to sign it, as it contained no provisions guaranteeing the safety in person and property of his native adherents who should have to remain in Nicaragua. Among the latter were many devoted men who had kept faithful to his fortunes throughout all, and on whom the wrath of the enemy would fall as soon as the dread filibusters should leave the country. On the next day an agreement was submitted and accepted by both parties, the provisions of which were as follows:--
"An agreement is hereby entered into between General William Walker, on the one part, and Commander C. H. Davis, of the United States Navy, on the other part, and of which the stipulations are as follows:--Firstly. General William Walker, with sixteen officers of his staff, shall march out of Rivas, with their side-arms, pistols, horses, and personal baggage, under the guarantee of the said Captain Davis, of the United States Navy, that they shall not be molested by the enemy, and shall be allowed to embark on board the United States vessel of war, the _St. Mary's_, in the harbour of San Juan del Sur, the said Captain Davis undertaking to transport them safely, on the _St. Mary's_ to Panama.
"Secondly. The officers of General Walker's army shall march out of Rivas with their side-arms, under the guarantee and protection of Captain Davis, who undertakes to see them safely transported to Panama in charge of a United States officer.
"Thirdly. The privates and non-commissioned officers, citizens, and _employés_ of departments, wounded or unwounded, shall be surrendered, with their arms, to Captain Davis, or one of his officers, and placed under his protection and control, he pledging himself to have them transported safely to Panama, in charge of a United States officer, in separate vessels from the deserters from the ranks, and without being brought into contact with them.
"Fourthly. Captain Davis undertakes to obtain guarantees, and hereby does guarantee that all natives of Nicaragua, or of Central America, now in Rivas, and surrendered to the protection of Captain Davis, shall be allowed to reside in Nicaragua, and be protected in life and property.