River and, therefore, as marking the boundary. In October, 1833, Butler urged that we insist upon the western stream, commonly called the Neches, and occupy in force the valuable intermediate region, which included Nacogdoches; and for a time Jackson felt inclined to do so. Near the close of 1835 Mexico was officially warned against encroaching upon our territory while fighting the Texans, and suspected that Secretary of State Forsyth took this action with a view to the Nacogdoches district. She therefore became alarmed, and early in 1836 a special minister hastily set out for Washington to investigate the matter. This minister was Manuel E. de Gorostiza, a witty, agreeable man of the world, Mexican by birth, Spanish by education, the author of some clever dramas, but not professionally a topographer, a lawyer or even a diplomat.[1]
Then a delicate matter became suddenly menacing. On both sides of the Sabine there were Indians, who loved war, Whisky and plunder as much as they hated work and the Whites. A paper boundary, particularly one in dispute, meant nothing to them, Once roused, they were practically sure, as Gorostiza admitted, to rob and murder wherever they could; and not only the fighting in Texas but at least one Mexican emissary enkindled their passions. United States Indians crossed the line and perpetrated outrages. Homes were abandoned. People fled panic-stricken from the vicinity of Nacogdoches; citizens of the town implored American protection against our own Indians; and evidence of an incipient conflagration was placed in the hands of General E. P. Gaines, who commanded our troops on the border.[2]
Now the treaty of amity required each country to prevent its Indians from ravaging the other; but, as Mexico did not wish us at this time to keep our savages from harassing the Texans, and did not request us to act for her in fulfilling her pledge, which she could not fulfil herself, possibly the treaty, though often cited by the United States, had technically no direct hearing. But the American government argued rightly that substance was more important than form; that the intent of the treaty was to require both countries to prevent "by all the means in their power" an Indian war on the frontier; that it was the paramount duty of the Executive to protect our
