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Peace at Gunpoint (CEC)

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The capture of Santa Anna at the Battle of San Jacinto gave the Texians a huge amount of leverage when it came to negotiating a peace between Texas and Mexico. The resulting Treaty of Velasco, signed on May 14, 1836, set out the terms of peace. Then, commissioners signed a second, secret, treaty that obligated Santa Anna to work on behalf of Texas within the Mexican government.

The Treaties of Velasco

Articles of an agreement entered into between his Excellency David G. Burnet of the President of the Republic of Texas of the one part & His Excellency General Antonio Lopez de Santa Ana President General in Chief of the other part– —

  • Article 1st– General Antonio Lopez de Santa Anna agrees that he will not take up arms nor will he exercise his influence to cause them to be taken up against the People of Texas during the present War of Independance– —
  • 2d– All hostilities between the Mexican & Texian troops wiill cease immediately both on land & water–
  • 3d The Mexican troops will evacuate the territory of Texas passing to the other side of the Rio Grande del Norte
  • 4th The Mexican Army in its retreat shall not take the property of any person without his consent & just indem- nification, using only such articles as may be necessary for its subsistence; in cases when the owner may not be present & remitting to the Commander in Chief of the Army of Texas or to the Commissioners to be appointed for the adjustment of such matters an account of the value of the property consumed, the place where taken & the name of the owner if it can be ascertained– —
  • 5th– That all private property including cattle, horses, negro slaves or indentured persons of whatever denomination that may have been captured by any portion of the Mexican Army or may have taken refuge in the said army since the commencement of the late invasion shall be restored to the Commander of the Texian Army or to such other persons as may be appointed by the Government of Texas to receive them– —
  • 6th– The troops of both armies will refrain from coming into contact with each other & to this end the Commander in Chief of the Army of Texas will be careful not to approach within a shorter distance of the Mexican Army than five leagues
  • 7th The Mexican Army shall not make any other delay on its march than that which is necessary to take up their hospitals baggage &c & cross the rivers–any delay not necessary to these purposes to be considered as an infraction of this agreement–
  • 8th By Express to be immediately dispatched, this agreement shall be sent to Gen’l Filisola & to Gen’l T.J. Rusk Commander of the Texian Army in order that they may be apprised of its stipulations & to this they will exchange engagements to comply with the same
  • 9th That all Texian prisoners now in possession of the Mexican Army be forthwith released & furnished with free passports to return to their homes in consideration of which a corresponding number of rank & file now in posession of the Government of Texas shall be immediately released — The remainder of the Mexican prisoners that continue in posession of the Government of Texas to be treated with due humanity any extraodinary comforts that may be furnished them to be at the charge of the Government of Mexico.–
  • 10th Genl Antonio Lopez de Santa Anna will be sent to Vera Cruz as soon as it shall be deemed proper —

The contracting parties sign this instrument for the above mentioned purposes by duplicate at the Port of Velasco this 14th day of May 1836–David G. Burnet–Antonio Lopez de Santa Anna==James Collinsworth Secy of State Bailey Hardiman Secy of Treasury P.H. Grayson Attorney Genl.

Secret Treaty Antonio Lopez de Santa Anna, General in Chief of the Army of Operations and President of the Republic of Mexico, before the Government established in Texas, solemnly pledges himself to fulfill the stipulations contained in the following Articles, so far as concerns himself.

  • Art. 1. He will not take up arms nor cause them to be taken up against the People of Texas during the present War of Independence.
  • Art. 2d. He will give his Orders that in the shortest time the Mexican Troops may leave the Territory of Texas.
  • Art. 3d. He will so prepare matters in the Cabinet of Mexico that the Mission that may be sent thither by the Govern- ment of Texas, may be well received, and that by means of negociations all differences may be settled and the Independence that has been declared by the Convention may be acknowledged
  • Art. 4. A treaty of Commerce, Amity and limits will be estab- lished between Mexico and Texas. The territory of the latter not to extend beyond the Rio. Bravo del Norte.
  • Art. 5th The prompt return of Genl. Santa Anna to Vera Cruz being indispensable for the purpose of effecting his solemn engagements, the Government of Texas will provide for his immediate embarkation for said port.
  • Art. 6th This instrument being Obligatory on one part as well as on the other will be signed by duplicate, remaining folded and sealed untill the negociation shall have been concluded, when it will be restored to his Excellency General Santa Anna; no use of it to be made before that time unless there should be an infraction by either of the Contracting parties

Port of Velasco May 14. 1836 (Signed) David G. Burnet Antonio Lopez de Santa Anna James Collinsworth Sec. of State Baily Hardiman Sec. of Treasury P. H. Grayson Atty Genl.