8o6 E. C. Barker Another question of neutrality arose over the occupation of Nacogdoches by Major-General E. P. Gaines, after the revolution was practically over. He was ordered to the south-western frontier, January 23, 1836, to enforce neutrality and keep the Indians quiet.' By the thirty-third article of the treaty of April 5, 1831, the United States and Mexico had mutually pledged themselves to restrain the Indians under their respective jurisdictions from hostilities and incursions,^ and it was now feared that conditions in Texas might encourage the Mexican Indians to commit depredations which the Mexican government was in no position to punish, and that this disorder would in turn extend itself to the United States side of the border. In such an event our government held that it would be its duty to cross the frontier and check the hostilities. On a hy- pothetical statement of the case the Mexican minister, Gorostiza, agreed with Forsyth in this view, September 23, 1836, but he was careful to add that he was sure no such measures were required on the Texas frontier. Gaines's attitude is disclosed by a letter of March 29 to the secretary of war. He said : Should I find any disposition on the part of the Mexicans or their red allies to menace our frontier, I cannot but deem it to be my duty not only to hold the troops of my command in readiness for action in defence of our slender frontier, but to anticipate their lawless move- ments, by crossing our supposed or imaginary national boundary, and meeting the savage marauders wherever to be found in their approach towards our frontier.* With this disposition Gaines was perhaps none too critical of the evidence that came before him. On the strength of it he moved over to the Sabine in the latter part of April. Early in May he was instructed to use his discretion about crossing the boundary, but to go no further than Nacogdoches. Gorostiza protested that the United States had no right to enter the disputed territory,^ and ment. Besides, the President would not act definitely upon the subject of Texas until he had received the report of a confidential agent. He suggested, however, that they write him a private letter setting forth the essential terms of their instructions. This they did. stating the terms on which the annexation of Texas to the United States would be highly acceptable to the people of Texas. P. W. Grayson and James Collinsworth to Forsyth, July 14, 1836; Forsyth to Jackson, July 15, 1836. Jackson MSS. The letter of Grayson and Collinsworth bears date of July 16, but Forsyth says that the date is an error, as he received the letter on the 14th. 1 25 Cong., 2 sess., House Exec. Doc, No. 351, Vol. XII.. p. 765. 2 United States Treaties and Conventions (ed. 1889), 673. '25 Cong., 2 sess.. Sen. Doc., No. i, pp. 84, 89.
- 25 Cong., 2 sess., House Exec. Doc, No. 351, Vol. XII., p. 768.
5 24 Cong., I sess., House Exec. Doc, No. 256, Vol. VI., pp. 32-2^, 35 ; 25 Cong., 2 sess.. House Exec. Doc, No. 190, Vol. VII., p. 75-
