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.[3.12] 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 bearing. 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 people, who, as Gorostiza virtually admitted, were liable to be endangered by the threatened conflagration; that as it was known to be physically impossible for Mexico to comply with the treaty, she could not complain of us for doing what she had agreed ought to be done, and had undertaken to do; that, should it be necessary to cross what had been commonly assumed to be the boundary in order to perform our duty--particularly in order to prevent our own Indians from perpetrating outrages on the other side--common sense and the spirit of the treaty warranted our doing it; and that, on account of the distance to the Sabine, it was necessary to give the general commanding there a certain credence and a certain discretion. Our government could have reasoned also, and very likely it did, that the strong desire of the Texans, _de facto_ successors to the Mexicans in that region, that we should fulfil the obligation which the treaty created, was an additional ground for so doing.[3.12]