REPUBLIC OF TEXAS - GOLIAD: J. C. DUVAL STATEMENT Contributed by: Joan Renfrow ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************ Source: Texas State Library & Archives Commission Statement of J.C. Duval Genl Santa Anna and Genl Urrea also I have understood, after their return to Mexico, in order to palliate their in human butchery of four hundred unarmed prisoners at Goliad, asserted "that Col Fannin and his men had "Surrendered" unconditionally. I will state as briefly as possible and to the best of my reccollection, what occurred the morning after the battle at the Coletto creek. The morning after the battle of Coletto creek, Col. Fannin and his men were Surrounded on the open prairie by an overwhelming force of the enemy They had formed their line of battle, and fired Several rounds of grape and cannister from their artillery at our entrenchments (to which we did not reply, because we had exhausted the ammunition for our artillery in the fight the day before, and the enemy was beyond the range of Small arms.) At this juncture and when we were momentarily expecting a general charge upon our position, and it was evident to every one there was no alternative left us but to Surrender or perish in a hopeless contest, a white flag was hoisted. I do not remember distinctly whether this flag was first hoisted within our entrenchments or by the enemy, but that is a matter of no moment. After it was raised, Several of our principal officers left the entrenchments and were met about halfway between them and the enemys lines by Genl Urrea and Several of his Staff. The conference was soon ended, and our officers returned to the entrenchments. Their report was to the effect that General Urrea had positively refused to accept the terms proposed by Col Fannin and would accept nothing but an "unconditional Surrender". As Col Fannin had Stated to Genl Urrea that unless the terms he asked for were granted he would defend his position to the last extremity, every preparation was promptly made to resist the expected attack of the enemy. But they remained Stationary, and in a little while another white flag was raised in front of their lines. In response to it, our officers again went out, and held another conference with Genl Urrea, and in the course of fifteen or twenty minutes they came back to our entrenchments, accompanied by Genl Urrea, Several of his Staff, his interpreter and his Secretary who carried a portable writing desk (Dr. Barnard Says in his diary that the desk and writing materials were furnished by Col Fannin and his officers, but my recollection of the matter is as I have Stated). In a few moments the result of the Second conference was known to every one in our lines, which was to the effect "that Genl Urrea being disposed to prevent the useless effusion of blood that wold necessarily result from a continued resistance on our part of in a hopless contest with his army, had concluded to grant the terms asked for by Col Fannin." The portable writing desk before mentioned was then placed upon a Stand (probably an ammunition chest) and Genl Urrea and his Staff and our officers were Seated around it, whilst the Secretary wrote out a document (in duplicate - one in Spanish and the other in English) which I was informed at the time (as well as every one else in our lines)contained the terms of capitulation. I can testify positively to the fact that this document was written in the manner described, because I was Standing within Six feet of Genl Urrea and our officers, whilst his Genl Urreas Secretary was drawing it up. The chief article in this written document, (as I and every other man in the command were informed at the time) was as follows.."That we Should be held as prisoners of war, until exchanged during the war, or liberated upon our "parole of honor" not to engage in it again-at the option of the Mexican Commander." There were minor articles embodied in the document, Such as that our officer Should retain their side arms, and "that all private property Should be respected". After the document containing the terms of Capitulation had been written (and not before) and the duplicate copy in English Sent to Col Fannin (who was confined to his tent by a Severe wound) the Mexican forces advanced, took possession of our entrenchments and of our arms. Now where was the necessity for drawing up any formal written document atall, if as alleged, Subsequently by Santa Anna and Genl Urrea, Colonel Fannin had "Surrendered at discretion?" Certainly in that event, as soon as Genl Urrea was informed that Col Fannin had consented to Surrender "unconditionally" he would have advanced at once with his forces, upon our entrenchments and taken possession of everything. but, as I Stated, Such was not the case. The Mexican forces did not advance upon our entrenchments until the articles of capitulation had been drawn up. Additional. For the following reasons, I have always believed that Genl Urrea, as far as it was in his power to do so, honestly intended to comply with the articles of capitulation. In the first place if (as Santa Anna asserted subsequently, in excuse of his wholesale butcheries of unarmed men) "that he was acting under express orders from the Genl Government" to execute all prisoners taken with arms in their hands", certainly Genl Urrea himself as the Second officer in command of the Mexican Army, could not have been ignorant of such orders. It is highly probable, therefore, if there had been any intention on the part of Genl Urrea to act treatcherously towards us, as Soon as his troops had taken possession of our entrenchments and we had delivered up our arms, the massacre of the prisoners would have occurred then and there, when we were Surrounded on the open prairie by a large force of Cavalry and where the escape of a Single man would have been an utter impossibility. 2d For ten days after the capitulation, and until the recept of Santa Annas peremptory orders "to execute the prisoners" Genl Urrea Strictly complied with its Stipulations. No indignity whatever was offered us-our wounded men were hauled in wagons to Goliad and taken care of, and no private property Such as money watches and jewelry was taken from the prisoners. Now is it reasonable to Suppose this would have been the case, if Col. Fannin had "Surrendered unconditionally?" If Genl Urrea, as is Stated, Subsequently asserted that Col Fannin had Surrendered to him "unconditionally" I believe he was induced to do so by motives of policy, and at the dictation of his chief, Genl Santa Anna, who had again become the controlling power in Mexico. The foregoing Statement, which is the same in all esential particulars as that of Dr. Joseph H. Barnard, Assist Surgeon of Fannins command, is true to the best of my reccollection. John C. Duval In justice to the memory of Col Fannin and the men who died with him at Goliad, we the undersigned have been induced to make the foregoing Statements, believing they will have more weight with our Countrymen than the counter Statements of Genls Santa Anna and Urrea-men who had Shown themselves capable of committing the most barberous and atrocious crimes in furtherance of their ambitious Schemes John C. Duval.