Historical Context
The Treaty of Velasco marked the formal end of armed conflict between the Republic of Texas and Mexico following the Texan victory at the Battle of San Jacinto on April 21, 1836. After weeks of pursuit, Mexican President Antonio López de Santa Anna was captured and brought to the port town of Velasco (now Surfside Beach), where he negotiated with Texas officials under duress.
In May 1836, Santa Anna signed two documents: a public treaty to end hostilities and recognize Texan independence, and a secret agreement outlining further obligations—including a promise to lobby the Mexican government for recognition of Texas. Texans hoped the treaties would secure their new republic’s independence and encourage international recognition, particularly from the United States and European powers.
However, the Mexican government quickly rejected the Treaty of Velasco, claiming it was signed under coercion and therefore not binding. Nonetheless, the Texas government used the Treaty of Velasco to argue for the legitimacy of the Republic of Texas until annexation by the U.S. in 1845.
The public treaty of Velasco called for an end to fighting, withdrawal of Mexican troops, and the return of prisoners of war. It was made public shortly after signing and was presented to the world as a legitimate instrument of peace. The secret treaty, however, remained hidden for many years. It included Santa Anna’s personal pledge to influence Mexico’s recognition of Texas and to negotiate a permanent boundary at the Rio Grande—a position that would later become central to the U.S.–Mexico War a decade later
Texian leaders were divided over how to treat Santa Anna. Some wanted him executed for war crimes committed at the Alamo and Goliad, while others saw his capture as a diplomatic opportunity. Interim President David G. Burnet ultimately chose negotiation, believing it offered the best path to peace and independence. Santa Anna was eventually released and sent back to Mexico, where he disavowed the treaties and resumed power—but by then, Texas had begun functioning as an independent nation.
Despite their rejection by Mexico, Texans viewed the Treaties of Velasco as founding diplomatic documents. Today, they remain among the most discussed and symbolically significant primary sources from the Texas Revolution.
Public Agreement
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 Antonio Lopez de Santa Anna, President General in Chief of the Mexican Army, of the other part.
Art. 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 Texian troops will cease immediately both on 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 commissioner 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 Texian 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 of the Mexican army 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 [—] and to cross the rivers–any delay not necessary to these purposes to be considered an infraction of this agreement.
Art. 8. By express to be immediately dispatched, this agreement shall be sent to General Filisola and to General T. J. Rusk, commander of the Texian Army, in order that they may be apprised of its stipulations, and to this and they will exchange engagements to comply with the same.
Art. 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.
Art. 10. General Antonio Lopez de Santa Anna will be sent to Veracruz 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 fourteenth day of May 1836.
David G Burnet
Ant. Lopez de Santa Anna
Jas Collinsworth, Sec of State
Bailey Hardeman, Secy of Treasury
T W Grayson, Atty General
Ant. Lopez de Santa Anna
David G Burnet
Jas Collinsworth, Secretary of State
Bailey Hardeman, Secy of Treasury
T W Grayson, Atty General
Secret Treaty
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.
Art. 1. He will not take up arms nor cause them to be taken up against the People of Texas during the present War of Independence.
Art. 2. He will give his Orders that in the shortest time the Mexican Troops may leave the Territory of Texas.
Art. 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 negociations all differences may be settled and the Independence that has been declared by the Convention may be acknowledged
Art. 4. A treaty of Commerce, Amity and limits will be established between Mexico and Texas. The territory of the latter not to extend beyond the Rio. Bravo del Norte.
Art. 5. The prompt return of Genl. 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.
Art. 6. This instrument being Obligatory on one part as well as on the other will be signed by duplicate, remaining folded and sealed untill the negociation 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
Port of Velasco May 14. 1836
(Signed) David G. Burnet
Antonio Lopez de Santa Anna
James Collinsworth, Secretary of State
Bailey Hardeman, Sec. of Treasury
P.H. Grayson, Atty Genl.
Original copies of the treaties of Velasco are preserved today by the Texas State Library and Archives Commission (TSLAC) in Austin, Texas. The secret treaty initially remained confidential until it was uncovered and published years later.
Additional correspondence related to the Velasco negotiations may be found in the Barker Texas History Collection at the University of Texas at Austin and in the Center for American History archives. Photographic reproductions and transcriptions are available through TSLAC’s Texas Digital Archive and various scholarly publications. Both treaties are considered essential documents for understanding the legal and diplomatic foundations of the Republic of Texas.
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