It was acting Texas president David G. Burnet released Santa Anna back to Mexico after the signing of the treaty (independence of Texas) that Mexico didn’t recognize. Santa Anna was no longer president and went into exile in the United States. Andrew Jackson released him back to Mexico in 1837, his last year as president. Regardless, 189 Texans died at the Alamo and Santa Anna had 342 Texan prisoners executed later the same month.
Ok, well if the Texicans didn’t charge him beyond that, and let him go, and the Mexicans kicked him out because he signed a treaty for his life, what was Ole Andy supposed to do? Santa Ana was at that point, just another foreigner in the US—free to go if he chose, no?
The Texicans kept his leg, didn’t they?