Treaties of Velasco

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The Treaties of Velasco were two treaties signed at Velasco, Texas, in the aftermath of the Mexican army's defeat at the Battle of San Jacinto (21 April). The signatories were Interim President David G. Burnet of the Republic of Texas and General Antonio López de Santa Anna of Mexico on 14 May 1836. Intended to provide a conclusion of hostilities between the two belligerents and offer the first steps towards the official recognition of the breakaway Republic's independence, there was a public treaty and a secret treaty.

Public treaty

The public treaty consisted of ten articles, and was to be published immediately.

  1. Personal undertaking by Santa Anna not to take up arms, or encourage arms to be taken up, against the people of Texas in this war of independence.
  2. Cessation of hostilities, on sea and land, between Texas and Mexico.
  3. Mexican troops to evacuate the territory of Texas, relocating south of the Rio Grande.
  4. Mexican troops to refrain from taking property without due compensation, etc., during their retreat.
  5. All property (including horses, cattle, negro slaves etc.) captured by Mexico during the war to be returned.
  6. The two armies to avoid contact, keeping a distance of five leagues (approx. 25 km).
  7. The Mexican army to retreat without tarrying.
  8. Dispatches to be sent to the commanders of the two armies, informing them of the treaty's content.
  9. Mexico to release all Texan prisoners, with Texas releasing the same number of Mexican prisoners of the same rank; all other Mexican prisoners to be retained by Texas.
  10. Santa Anna to be conveyed to Veracruz as soon as deemed proper.

Secret treaty

The secret treaty was not to be made public until the terms of the public treaty had been met in full.

  1. Personal undertaking by Santa Anna not to take up arms, or encourage arms to be taken up, against the people of Texas in this war of independence.
  2. Santa Anna to give orders for all Mexican troops to withdraw from Texas as soon as possible.
  3. Santa Anna to make arrangements in Mexico City so that a mission of Texans would be well received, all differences settled, and independence recognized.
  4. A treaty of commerce, friendship, and limits to be established between Mexico and Texas, whereunder the territory of Texas would not extend beyond the Rio Grande.
  5. Government of Texas to provide for Santa Anna's immediate embarkation for Veracruz.
  6. Both copies of the document to be kept folded and sealed until conclusion of the negotiations, when they should both be given to Santa Anna; no use to be made of it before that, unless either party fail to abide by its terms.

Noncompliance by Mexico

Although Gen. Vicente Filisola began troop withdrawals on 26 May, the government of President José Justo Corro in Mexico City resolved, on 20 May, to disassociate itself from all undertakings entered into by Santa Anna while he was held captive. Mexico's position was that Santa Anna had no legal standing to agree to those terms; Santa Anna's position – or at least what he claimed later, back in Mexico – was that he had signed the documents under coercion and as a prisoner, not as a surrendering general in accordance with the laws of warfare.

Noncompliance by Texas

Santa Anna was not given passage to Veracruz. He was kept as a prisoner of war ("clapped in irons for six months", he later claimed) in Velasco and, later, in Orazimba, before being taken to Washington, D.C., in the United States to meet with President Andrew Jackson (ostensibly to negotiate a lasting peace between Mexico and Texas, with the USA acting as mediator). Sailing on the frigate USS Pioneer, the guest of the U.S. Navy, he did arrive back in Veracruz until 23 February 1837 but, in any event, was probably not in any great hurry to return home.

Outcome

Since the provisions of the public treaty were not met, the terms of the secret agreement were not released until much later. Although a fait accompli since mid-1936, the independence of Texas was not formally recognized by Mexico – and the new Republic's borders agreed to by both sides – until the Mexican-American War of 1846–48 came to a conclusion with the Treaty of Guadalupe Hidalgo.

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