Return to Primary Sources
Reference in Lincoln's Speech

"Treaty" Between Santa Anna and Texas

    Articles of an agreement entered into between his Excellency David G. Burnet, President of the Republic of Texas, of the one part, and his Excellency General 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.
    ART. 2. All hostilities between the Mexican and Texan troops will cease immediately, both by land and water.
    ART. 3. The Mexican troops will evacuate the territory of Texas, passing to the other side of the Rio Grande Del Norte.
    ART. 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 when 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.
    ART. 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 Texan army, or to such other persons as may be appointed by the Government of Texas to receive them.
    ART. 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 than five leagues.
   .ART. 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
   .ART. 8. By an express to be immediately despatched, this agreement shall be sent to General Vincente 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.
    ART. 9. That all Texan prisoners now in the 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 the 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.
    ART. 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, in duplicate, at the port of Velasco, this 14th day of May, 1836.

DAVID G. BURNET, President.
JAS. COLLINGSWORTH, Secretary of State.
B.HARDIMAN, Secretary of the Treasury.
P.W. GRAYSON, Attorney-General.

"The Collected Works of Abraham Lincoln," Volume 1, Edited by Roy P. Basler, Rutgers University Presss, New Brunswich, New Jersey, 1953, pages 435-36. This version was placed in the Congressional Record by Lincoln as an appendix to his speech on the War against Mexico.