In November 1835, as war with Mexico appeared inevitable, the Texas Consultation appointed Houston major general of the Texas army. One of Houston's first acts was to visit the Cherokees in East Texas and negotiate a peace treaty, thus ensuring that the Texans would not be subject to attack from the Cherokees while fighting the Mexicans. Back at Washington-on-the-Brazos, Houston was present for the signing of the Texas Declaration of Independence on March 2, 1836. It was his 43rd birthday.
Houston took over a fighting force that was an army in name only. Historians still debate Houston's strategy in taking the army on a retreat eastward towards Louisiana rather than engaging immediately with Santa Anna's troops after the Battle of the Alamo. Some observers would never forgive what they considered cowardice, but Houston was determined not to fight the enemy unless he thought he could win.
On April 21, 1836, Houston turned his army south and took on the hated forces of General Santa Anna. The result was a total rout of the Mexican army. (See Texas Treasures for more about the battle and the capture of Santa Anna, including Houston's first-hand account.)
Five months later, the hero of San Jacinto won election to the presidency by a huge margin over Stephen F. Austin and Henry Smith. Bankrupt and lawless, Texas was teetering on the edge of disintegration. President Burnet resigned so that Houston could take office early on October 22.