Texas Historical Documents

The Treaty of Velasco

May 14, 1836

PUBLIC AGREEMENT

Articles of Agreement entered into between His Excellency DAVID G. BURNET, President of the Republic of Texas, of the one part, and His Excellency General ANTONIO LOPEZ DE SANTA ANNA, President-General in-Chief of the Mexican Army, of the other part:

ARTICLE 1. 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 independence.

ARTICLE 2. All hostilities between the Mexican and Texan troops will cease immediately, both on land and water.

ARTICLE 3. The Mexican troops will evacuate the territory of Texas, passing to the other side of the Rio Grande del Norte.

ARTICLE 4. The Mexican army, in its retreat, shall not take the property of any person without his consent and just indemnification, using only such articles as may be necessary for its subsistence, in cases where the owners may not be present, and remitting to the commander 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, and the name of the owner, if it can be ascertained

ARTICLE S. That all private property, including horses, cattle, 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 Texan army, or to such other persons as may be appointed by the government of Texas to receive them.

ARTICLE 6. The troops of both armies will refrain from coming into contact with each other and, to this end, the commander of the army of Texas will be careful not to approach within a shorter distance of the Mexican army than five leagues.

ARTICLE 7. The Mexican army shall not make any other delay on its march than that which is necessary to take up their hospitals, baggage, &c., and to cross the rivers. Any delay, not necessary to these purposes, to be considered an infraction of this agreement.

ARTICLE 8. By express, to be immediately despatched, this agreement shall be sent to General Filisola, and to General T. J. Rusk, commander of the Texan army, in order that they may be apprized of its stipulations and, to this end, they will exchange engagements to comply with the same.

ARTICLE 9. That all Texan prisoners now in possession of the Mexican army, or its authorities, be forthwith released, and furnished with free passports to return to their homes in consideration of which a corresponding number of Mexican prisoners, rank and file, now in possession of the government of Texas, shall be immediately released. The remainder of the Mexican prisoners, that continue in possession of the government of Texas, to be treated with due humanity: any extraordinary comforts that may be furnished them to be at the charge of the government of Mexico.

ARTICLE 10. General 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 the 14th day of May, 1836.

DAVID G. BURNET,

ANT. LOPEZ DE SANTA ANNA.

SECRET AGREEMENT

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 fulfil the Stipulations contained in the following Articles, so far as concerns himself:

ARTICLE 1. He will not take up arms, nor cause them to be taken up, against the people of Texas, during the present war for independence.

ARTICLE 2. He will give his orders that, in the shortest time, the Mexican troops may leave the territory of Texas.

ARTICLE 3. He will so prepare matters in the cabinet of Mexico, that the mission that may be sent thither by the government of Texas may be well received, and that by means of negotiations all differences may be settled, and the independence that has been declared by the convention may be acknowledged.

ARTICLE 4. A treaty of commerce, amity, and limits, will be established between Mexico and Texas, the territory of the latter not to extend beyond the Rio Bravo del Norte.

ARTICLE 5. The present return of General 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.


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