Page:Vol 5 History of Mexico by H H Bancroft.djvu/193

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SANTA ANNA A PRISONER
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part in the battle of San Jacinto were insignificant as compared with those in other engagements, the result was momentous to the Texan participants, and to the young republic, whose independence it secured.

Santa Anna's life was now in grave peril, owing to the execution of Texans effected under his orders.[1] To save himself and his companions he entered into an armistice with General Houston, preparatory to arrangements looking to the recognition of the independence of Texas. He accordingly sent a written order to his second in command, General Filisola, instructing him to retreat at once, which was done.[2] On the 14th of the following May he signed a treaty with David G. Burnet, president of Texas, binding himself in its first article neither to take up arms nor to use his influence with Mexico to induce her to do so, during the pending contest for Texan independence. In a note will be found the remaining articles of this convention.[3] There was also a secret agree-

  1. The onslaught at San Jacinto had been made to the cry of 'Remember the Álamo!'
  2. The Mexican army, now about 4,000 strong, looked upon Santa Anna's orders as invalid, consequent upon his agreement having been extorted from him while in duress. Filisola, however, thought otherwise, and carried them out. Anonymous diary, in Urrea, Diario, 91. The retreat was effected under great distress. The orders had reached Filisola April 28th at San Bernardo. Heavy rains had made the roads almost impassable, and the artillery became mired, and would have been lost but for Colonel Ampudia's great exertions. The passage of the Colorado was difficult. Filisola established his headquarters at Goliads to obtain supplies by sea and open communications with the interior. Urrea with his division returned to Matamoros. Texan cruisers shut out the hope of maritime succor. Goliads was therefore evacuated in ten days, and the retreat began for the Rio Grande. Maillard's Tex., 117-18; Kennedy's Tex., iii. 231-2; Filisola, Mem. Hist. Guer. Tejas, ii. 470-99.
  3. Art. 2. Hostilities between Mexican and Texan forces, both on land and water, shall cease immediately; 3. The Mexican troops shall evacuate the Texan territory, passing to the other side of the Rio Grande del Norte; 4. The Mexican army in its retreat shall not take any private property without obtaining the owner's consent, and must pay a just indemnification; 5. Private property taken by any part of the Mexican army since the invasion, including negro slaves or indentured persons that have taken refuge within its lines, must be surrendered; 6. The troops of both armies shall refrain from coming into contact with each other; 7. The Mexican army must not delay on its retreat longer than absolutely necessary; 8. This agreement to be at once notified to generals Filisola and Rusk for its fulfilment; 9. Texan prisoners in the hands of the Mexicans to be released at once, and passports furnished them to return to their homes; Texas to release a corresponding number of Mexican prisoners, and treat the remainder with due humanity;