Treaties of Velasco

The Treaties of Velasco were two documents, one private and the other public, signed in Fort Velasco on May 14, 1836 between General Antonio López de Santa Anna and the Republic of Texas in the aftermath of the Battle of San Jacinto on April 21, 1836. The part of the former Velasco, Texas, in which the fort was located is now part of the present-day location of Surfside Beach. The signatories were Interim President David G. Burnet for Texas and Santa Anna for Mexico. Texas intended the agreements to conclude hostilities between the two armies and offer the first steps toward the official recognition of Texas's independence from Mexico.

Santa Anna had been captured by Texans. Many wanted him hanged as just vengeance for the murder of comrades and family during the battles at Alamo and Goliad, but Sam Houston spared his life and extracted a promise from Santa Anna that Mexican troops would be removed from Texas.^[1] Santa Anna persuaded Burnet that if he were allowed to return to Mexico City, he would argue for the independence of Texas. Santa Anna signed both the public agreement and the secret treaty, but neither was ratified as a treaty by the Mexican government because he had signed them under duress while being held captive. Santa Anna later said, "I did promise to try to get a hearing for the Texas Commissioners, but this in itself did not bind the government to receive them."

The Mexican Congress considered Santa Anna's actions scandalous and nullified both. Mexican conservatives removed Santa Anna as president and installed Anastasio Bustamante, and there was an agreement with the Mexican Congress that Santa Anna had "offered nothing in the name of the nation."^[2]

A biographer of Santa Anna, Will Fowler, considered that the "general of tricks was at his most ingenious" with the negotiations with Texas since he did not commit himself to do anything other than to permit Texas commissioners to present their case to the Mexican government. He was "no longer in a position to act freely, and anything he said or signed would not be validated by Congress" since as a captive, he was no longer president. A draft of the agreement, which Santa Anna refused to sign until it was amended, stated that he recognized as "Head of the Mexican Nation" Texas's independence, text that was later dropped. Santa Anna sent a message to General Vicente Filisola to retreat below the Rio Grande, but his message made it clear that Filisola was in charge. Fowler argues that Filisola should have known that Santa Anna was in no position to be issuing orders since he had been captured. Both Filisola and Santa Anna were blamed for the defeat, but signing the Velasco documents did not commit either Santa Anna or Mexico to Texas independence.^[3]

Mexico still claimed Texas but was too weak to attempt to reconquer it; thus, Texas was de facto independent.^[4] The documents were not even called "treaties" until they were so characterized by U.S. President James K. Polk in his justifications for war some ten years later, as U.S. Representative Abraham Lincoln pointed out in 1848.^[5] Lincoln's efforts earned the freshman Whig U.S. Representative the derisive sobriquet "Spotty" Lincoln because of his Spot Resolutions, which demanded to know that the "spot" at which American troops were killed was on American soil, which Polk argued to justify war with Mexico.