397
PAPERS OF MIRABEAU BuoNAPARTE LAMAR
with the artillery but when on the third time of firing we perceived that he did not return it, ours wa suspended and ¼ of an hour after- ward he was seen to hang out a wh f ite] flag. General Urrea then ent as Commissioners to Fannino-'s Camp, Colonels Salas, Morales and myself to enquire into the motive of the flag, when we were enformed that they were ready to surrender a prisoners of war, if the mexican Commander would engage to treat them according to the u ages of civilized nations. \Ve were acquainted with the law that establishes the penalty of death for those individuals who may come armed for the purpose of carryina on war in mexican territory and that the door was therefore closed against any agreement; I offered, however, to Colonel Fanning to make known his di position to General Urrea; which in effect I did, and received for answer, that ina much a the law prohibited hi entering [in]to such agreements he could not enter into any, nor Ii ten to any other proposition than a surrender at the discretion of the Supreme G-0vernment of l\!e::(i.co; addina that I might, in<lividually, assure hlm, (Fanning,) that he would use his influence and endeavours with the uprt?me Govt. of Mexico for the alleviation of hi fate and that of bis men, treatin~ them, durino- the time which would transpire previous to receiving the answer from said Gov"rnment, a prisoners of war, according to the right of Xaticns. On this, Colonel Fanning, called a meet [in] g to discuss thi. me sage from the mexican Commander. After waiting about half an hour Col. Fanning and hi men decla[red] to us the meeting had come to the resolution of obtainin (g] a guarantee for their lives and effects, al o that their wounded should receive the same ·treatment as the mexicans in virtue of a document to be drawn up, signed by me and ratified by General Urrea. When the General wa informed of this, he repeated that he could not make any public treaty, to be igned by any one on the mexican ide, and that Fanninp: should show, in writing, his surrender at discretion, in which General Urrea in isted,- under the promise before made, individually. On this second answer, Colonel Fannin!? and his men, after some minutes' hesitation, put to us the following question: "Do you believe that the fexican Government will not attempt to take away our lives1"-And the three Commi sioner an wered, that in virtue of the law in force we could give no guarantee whatsoever; but that not a single example could be adduced that the l\Iexican Government had ordered a man to be shot who had trusted to their clemency. Although this answer did not atisfy them, they said to us, "\Vell then, I have no water; ruy wounded need attendance, I particularly recommend to you those unfortunate men and will deliver myself up to the discretion of the l\Iexican Government. "-Pursuant to thi re.solution of Col. Fanning 'and his men, we agreed upon one hour for effecting the delivery of the arms, and that every man should retain his baggage, and Capt. Andrade, General Urrea's Secretary, was ordered to draw up the urr~nder at discretion in spanish and in english; the former to remain with General rrea and the latter with Col. Fanning. Here termi- nated our commission, nor did we, the Commissioners, sign any agree- ment whatever. If subsequently General Urrea, had, through h~s Secretary any further negociation with Col. Fanning, on the matter,
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