"8th. That she will reward by donations in land all who volunteer their services in her present struggle, and receive them as citizens.

"These declarations we solemnly avow to the world, and call God to witness their truth and sincerity, and invoke defeat and disgrace upon our heads, should we prove guilty of duplicity. "Signed, &c."

In order to prepare my readers for these and many other assertions of a similar character, put forth by the unprincipled Texans, I have in the preceding chapter shown what their conduct was while the federal system was in force in Mexico, and never did the history of a people brand them with greater treachery, or grosser ingratitude and inconsistency.

Austin, the most indefatigable of the Texan leaders, hastened away with these documents to the United States, where, by working on the sympathy of his fellow-countrymen, he succeeded in getting money, arms, and men to carry on the war against Mexico.

From the date of the "Solemn Declaration," the Texans date their nominal independence, and I shall (as an act of courtesy) henceforth speak of them as an independent people, although it will be necessary for me to allude to their conduct again, as colonists, in the next chapter.

The Texan troops, whom we left before San Antonio, continued the siege, during which many skirmishes occurred between the hostile armies.

On the 28th of October, a detachment of Cos' army, amounting to 400 men, who were escorting some large pieces of ordnance and military stores from Matamoros to San Antonio, suddenly came on a party of Texans, commanded by Captain Fannin. They immediately attacked the Mexicans, who, being embarrassed with a heavy luggage train, were induced to act merely on the defensive, and continued their march after losing about eighty men.

On the 3rd of November, the Texans captured the fort of Tepantitlan, which was erected and garrisoned by the Mexican authorities to protect the Irish settlement at San Patrico, from the Indians. The Texans destroyed the fort, and the next day abandoned it, taking with them the guns, two small carronades, and twenty-one prisoners; but they had scarcely crossed the river Nueces before they were attacked by a few Mexicans and the Irish settlers at San Patrico en masse, headed by the Alcalde, an Irishman, who brought up his little band in the good ould style, to close quarters, and after a sharp engagement, which lasted three quarters of an hour, the Texans were driven from the field, leaving the whole of their booty collected the day before, in the hands of the Alcalde, who was severely wounded in the beginning of the affair. But nothing decisive occurred until the 5th of the ensuing month, (December,) when the Texans had a stronger force than the

Mexicans, and availing themselves of the absence of Ugartechea, who had left San Antonio with 300 men on a secret expedition, the besieging army made a vigorous assault on the garrison. The attack was commenced by 300 men, led by Milam in person, who was supported by 400 men on each flank. The storming party soon reached the Plaza, where the main body of the Mexicans was drawn up to receive them, which they did with a brisk discharge of musketry, kept up until dusk, when the Mexicans retreated in good order to the Alamo, a strong fort on the west bank of the San Antonio river.

Early the next morning (6th) the Mexicans renewed their fire, and compelled the Texans to retire, leaving their commander, Colonel Milam, dead. In the course of the day, they made a sortie from the fort, but were in their turn compelled to retire, when hostilities were for a while suspended, and Cos hastened to inform Ugartechea of what was going on, and urging him to return without delay. Ugartechea, on receipt of this information, made preparations to return, and by forced marches succeeded in reaching the Alamo, which he entered on the night of the 7th, with the 300 troops he had with him.

This reinforcement of the Mexicans did not daunt the Texans, but on the contrary, it seemed to rouse them to fresh acts of daring valour. At daylight the following morning (8th) the Texans saw the

black flag flying on the walls of the Alamo; however, their attack on the fort was so bravely sustained that the Mexicans were obliged to ask for quarter, which was granted, and the Mexicans, after an obstinate resistance, capitulated.

Hostilities being thus suspended, commissioners on both sides were appointed to draw up the following

CAPITULATION,

"Entered into by General Martin Perfecto de Cos, of the permanent troops, and General Edward Burleson of the colonial troops of Texas.

"1st. That General Cos and his officers retire with their arms and private property, into the interior of the republic, under parole of honour that they will not in any way oppose the reestablishment of the federal constitution of 1824.

"2nd. That the one hundred infantry lately arrived with the convicts, the remnant of the battalion Morelos, and the cavalry, retire with the general; taking their arms and ten rounds of cartridges for their muskets.

"3rd. That the general take the convicts brought in by Col. Ugartechea, beyond the Rio Grande.

"4th. That it is discretionary with the troops to follow their general, remain, or go to such point as they may deem proper; but in case they should all or any of them separate, they too are to have their arms, &c.

"5th. That all the public property, money, arms, and munitions of war, be inventoried and delivered to General Burleson. "6th. That all private property be restored to its proper

owners.

"7th. That three officers of each army be appointed to make

out the inventory, and see that the terms of the capitulation be carried into effect.

"8th. That three officers on the part of General Cos remain for the purpose of delivering over the said property, stores, &c.

"9th. That General Cos with his force, for the present, occupy the Alamo; and General Burleson, with his force, occupy the town of Bejar; and that the soldiers of neither party pass to the other armed.

"10th. General Cos shall, within six days from the date hereof, remove his force from the garrison he now occupies.

"11th. In addition to the arms before mentioned, General Cos shall be permitted to take with his force a four-pounder and ten rounds of powder and ball.

"12th. The officers appointed to make the inventory and delivery of the stores, &c., shall enter on the duties to which they have been appointed, forthwith.

"13th. The citizens shall be protected in their persons and property.

"14th. General Burleson will furnish General Cos with such provisions as can be obtained, necessary for his troops to the Rio Grande, at the ordinary price of the country.

"15th. The sick and wounded of General Cos' army, together with a surgeon and attendant, are permitted to remain. "16th. No person, either citizen or soldier, to be molested on account of his political opinions hitherto expressed.

"17th. That duplicates of this capitulation be made out in Castilian and English, and signed by the commissioners appointed, and ratified by the commanders of both armies.

"18th. The prisoners of both armies, up to this day, shall be put at liberty.

"The commissioners, Jose Juan Sanchez, adjutant inspector, Don Ramon Musquiz, and Lieutenant Fransisco Rada, and interpreter, Don Miguel Arciniega, appointed by the commandant and inspector, General Martin Perfecto de Cos in conjunction with Colonel F. W. Johnston, Major R. C. Morris, and Captain J. G. Swisher, and interpreter, John Cameron, appointed on the