that engagement as to relieve the United States from the necessity, and thus take away from them the right to pass the frontier for that object. But the right which results from the obligation of the Government to the people of the United States remains, like the obligation itself, in full force. Over that Mexico can exercise no control; nor can she either qualify or take it away. It is founded on the great principle of self-preservation, which, as it constitutes the first and highest duty of all States, forms the very essence of the law of nations. The present inability of .Mexico to restrain the Indians within her territory from hostile incursions upon the citizens of the United Stales, if they should once be engaged in hostility near the frontier, and the barbarous character of their warfare, which respects neither the rights of nations nor of humanity, render it imperative on the United States to adopt other means for the protection of their citizens. What those means should be must depend upon the nature of the danger. Should that require the temporary occupation of passes beyond the frontier, the duty of self-defence gives them the right to such occupation. It needs no justification but the necessity which led to it. But least of all could it afford just ground of complaint to Mexico, since it would be the result of her own non-fulfilment of the stipulations of the treaty, and since the United States would be doing only what she herself had engaged to do. Mexico, indeed, would have reason to congratulate herself that the United States had found means to prevent evils for which, except for her own inability to prevent them, she would herself be responsible. It is with these views of the stipulations of the treaty, and of the principles of national law applicable to the subject, and of his own obligations under the circumstances, that they President has acted. All the instructions the General Gaines have restricted him to such occupation as may be found a necessary measure of self-defence. And those under which he or his successor is now acting fall far within the principles which have been just set forth. He has been directed not to advance into the territory claimed by Mexico, and, if he should have advanced, to retire, unless the Indians are actually engaged in hostilities against the citizens of the United States, or unless he has undoubted evidence that such hostilities are intended and are actually preparing within that territory.
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