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(4310] [DICKENS to GOROSTIZA]
[Washington, October 13, 1836] The undersigned, acting Secretary of Stale of the United States, has laid before the President the communications from Mr. Gorostiza, envoy extraordinary and minister plenipolen tiary from Mexico, dated the 4th of August, and those subsequently received on the same subject, together with Mr. Forsyth's memorandum, and Mr. Gorostiza's explanations of the conference of the 23d ultimo. Mr. Gorostiza's note of the 28th of July had been previously transmitted to the President, al the Hermitage. The undersigned is directed to acquaint !\'Ir. Gorostiza that the President has given the fullest consideration to the request made by the Mexican Government, through Mr. Gorostiza, for the recall of the instructions transmitted to General Gaines, respecting the temporary occupation of a post within the territory heretofore claimed by Mexico, in case such occupation should be found necessary for the protection of the frontiers of the United States. By the 33d article of the treaty between the United States and Mexico, each party binds itself to restrain, by force, the Indians within its limits from all hostile incursions upon the inhabitants of the other. It is well known that, at present, Mexico is unable to fulfil her part of this stipulation. The United States have, therefore, the double duty to perform, of preventing those of Texas from incursions into Texas, and of preventing those of Texas from entering into the United States. Their first obligation is to Mexico under the treaty; the second is to the people of the United States, lo whom, as a paramount duty, the Government owes safety and protection. It, by the failure of Mexico to fulfil her part of the obligation, it becomes necessary for the United Stales lo occupy a portion of the contiguous Mexican territory, in order to be able lo perform that duty, they have, from the necessil y, the right to do so. It is true that, from the fulfilment of this engagement to Mexico, the United States may be released by Mexico. And the objection made by that Government, through Mr. Gorostiza, to the troops of the United States passing the frontier for the purpose of restraining the Indians of the Un itecl States from hostile incursions against the inhabitants of Mexico so far qualifies
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