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Articles of Agreements
From Henry Foote's Texas and Texans, vol. 2, 1841. Articles of agreement and solemn compact, made and adopted by David G. Burnet, President of the Republic of Texas, and the undersigned members of the cabinet thereof, on the one part, and Don Antonio Lopes de Santa Anna, President of the Republic of Mexico, and Don Vicente Filisola, General of Divisions, Don Jose Urea, Don Joaquin Ramires y Sesma and Don Antonio Gaona, Generals of Brigades, of the armies of Mexico.
Whereas, The President Santa Anna, with divers officers of his late army, is a prisoner of war in charge of the army of Texas, and is desirous of terminating the contest now existing between the Government of Texas and that of Mexico, in which desire the Generals above named do fully concur, and Whereas, The President of the Republic of Texas, and the Cabinet, are also willing to stay the further effusion of blood, and to see the two neighboring Republics placed in relations of friendship, on terms of reciprocal advantage;
Therefore, it is agreed by the President Santa Anna, and the Generals Don Vicente Filisola, Don Jose Urea, Don Joaquin Ramires y Sesma, and Don Antonio Gaona,
1st. That the armies of Mexico shall with all practicable expedition evacuate the territory of Texas, and retire to Monterey, beyond the Rio Grande.
2d. That the armies, in their retreat, shall abstain from all pillage and devastation, and shall not molest any of the citizens of Texas, and shall not carry with them any cattle or other stock, more than may be absolutely necessary for their subsistence, for which a just price shall be paid. That all private property that may have been captured by either detachment of the army, shall be deposited at the first convenient point of their march, and left under a sufficient guard, until the proper authorities of Texas shall take possession thereof.
3d. That the army of Texas are to march westwardly, and to occupy such posts as the commanding General may think proper, on the east side of the Rio Grande, or Rio Bravo del Norte.
4th. That the President Santa Anna, in his official character as chief of the Mexican nation, and the Generals Don Vicente Filisola, Don Jose Urea, Don Joaquin Ramires y Sesma, and Don Antonio Gaona, as Chiefs of Armies, do solemnly acknowledge, sanction, and ratify, the full, entire, and perfect Independence of the Republic of Texas, with such boundaries as are hereafter set forth and agreed upon for the same. And they do solemnly and respectively pledge themselves, with all their personal and official attributes, to procure without delay, the final and complete ratification and confirmation of this agreement, and all the parts thereof, by the proper and legitimate Government of Mexico, by the incorporation of the same into a solemn and perpetual Treaty of amity and commerce to be negotiated with that Government, at the city of Mexico, by Ministers Plenipotentiary to be deputed by the Government of Texas for this high purpose.
5th. That the following be, and the same are hereby established and made the lines of demarcation between the two Republics of Mexico and of Texas, to wit: The line shall commence at the estuary or mouth of the Rio Grande, on the western bank thereof, and shall pursue the same bank up the said river, to the point where the river assumes the name of the Rio Bravo del Norte, from which point it shall proceed on the said western bank to the head waters, or source of said river, it being understood that the terms Rio Grande and Rio Bravo del Norte, apply to and designate one and the same stream. From the source of said river, the principal head branch being taken to ascertain that source, a due north line shall be run until it shall intersect the boundary line established and described in the Treaty negotiated by and between the Government of Spain and the Government of the United States of the North; which line was subsequently transferred to, and adopted in the Treaty of limits made between the Government of Mexico and that of the United States; and from this point of intersection the line shall be the same as was made and established in and by the several Treaties above mentioned, to continue to the mouth or outlet of the Sabine river, and from thence to the Gulf of Mexico.
6th. That all prisoners taken by the forces of Mexico be forthwith released, and be furnished with free passports to return to their homes; their clothing and small arms to be restored to them.
7th. That all the fortresses of Texas be forthwith restored without dilapidation, and with all the artillery and munitions of war belonging to, them respectively.
8th. The President and Cabinet of the Republic of Texas, exercising the high powers confided to them by the people of Texas, do, for and in consideration of the foregoing stipulations, solemnly engage to refrain from taking the life of the President Santa Anna, and of the several officers of his late army, whom the events of war have made prisoners in their hands, and to liberate the President, Santa Anna, with his private Secretary, and cause him to be conveyed in one of the national vessels of Texas, to Vera Cruz, in order that he may more promptly and effectually obtain the ratification of this compact, and the negotiation of the definitive Treaty herein contemplated by the Government of Mexico with the Government of Texas.
9th. The release of the President Santa Anna shall be made immediately, on receiving the signatures of the Generals, Don Vicente Filasola, Don Jose Urea, Don Joaquin Ramires y Sesma, and Don Antonio Gaona, to this agreement, and his conveyance to Vera Cruz as soon afterwards as may be convenient.
10th. The President Santa Anna, and the Generals Don Vicente Filasola, Don Jose Urea, Don Joaquin Ramires y Sesma, and Don Antonio Gaona, do, by this act of subscribing this instrument, severally and solemnly pledge themselves on their inviolable parole of honour, that in the event the Mexican Government shall refuse or omit to execute, ratify, confirm and perfect this agreement, they will not, on any occasion whatever, take up arms against the people of Texas, or any portion of them, but will consider themselves bound, by every sacred obligation, to abstain from all hostility towards Texas or its citizens.
11th. That the other Mexican officers, prisoners with the Government of Texas, shall remain in custody, as hostages, for the faithful performance of this agreement, and shall be treated with humanity, and the respect due their rank and condition, until the final disposition of the Mexican Government be ascertained, and a Treaty to be predicated upon the above stipulations, shall be made or rejected by that Government. In the event of a refusal to enter into and ratify such Treaty, on the part of the Mexican Government, the Government of Texas reserves to itself the right to dispose of them as they may think proper and equitable, relative to the conduct of the Mexican forces towards the Volunteers and soldiers of Texas, who have heretofore fallen into their hands.
12th. The high contracting parties mutually agree to refer the Treaty intended to be executed and solemnized by the two Governments of Texas and of Mexico, on the basis established in this compact, to the Government of the United States of the North, and to solicit the guarantee of that Government for the fulfilment, by the contracting parties respectively, of their several engagements: the said parties pledging themselves, in case of any disagreement or defalcation, to submit all matters in controversy to the final decision and adjustment of that Government. For this purpose, the contracting parties shall, as soon as practicable after the ratification of said Treaty, depute one or more Commissioners to the Court of Washington, invested with plenary powers to perfect the object of this stipulation.
13th. Any act of hostility on the part of the retreating Mexican troops, or any depredation upon public or private property committed by those troops, or any impediment presented to the occupation of any part of the territory of Texas, by the forces thereof, on the part of the Mexican troops, shall be considered a violation of this agreement. sdct
ARTICLES OF AN AGREEMENT entered into, between his Excellency David G. Burnet, President of the Republic of Texas, of the one part, and 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 Texian 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 owner 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 5.-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.
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 riot to approach within a shorter distance of the Mexican army than five leagues.
ARTICLE 7.-The Mexican army shall riot make any other delay on its march than that which is necessary to take up their hospitals, baggage, etc., 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 dispatched, this agreement shall be sent to General Vincent Filisola and to General T. J. Rusk, Commander of the Texian army, its order that they may be apprised of its stipulations, and to this end they will exchange engagements to comply with the same.
ARTICLE 9.-That all Texian 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 of 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 Collingsworth, Secretary of State Bailey Hardeman, Secretary of the Treasury. P. W. Grayson, Attorney-General. sdct
Port of Velasco, May 14th, 1836. 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:
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 comity, amity, acid 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.
ARTICLE 6.-This instrument being obligatory off one part, as well as off the other, will be signed in duplicate, remaining folded and sealed until the negotiations 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. Antonio Lopez de Santa Anna. David G. Burnet James Collingsworth, Secretary of State. Bailey Hardeman, Secretary of the Treasury. P. W. Grayson, Attorney-General sdct
SONS OF DEWITT