Orders were promptly issued, however, by the President and the Secretary of War to assure Governor Gayoso that no person would be "disturbed in his possession or property, till an opportunity had been afforded to apply to Congress," and that they might "rely upon their claims being adjusted upon the most equitable principles."[31]
II, DESIRE OF FIRST ESTABLISHING FRIENDLY RELATIONS BETWEEN THE INDIANS AND THE INHABITANTS OF THE TERRITORY TO BE CEDED[32].
On this subject Gayoso asserted that it was "impossible for His Catholic Majesty to leave unprotected so many of his faithful subjects and expose other settlements to the revengeful disposition of discontented Indians." He therefore felt justified in retaining possession of the country until he might be sure the savages would be pacific.[33] The Secretary of State contended that such a reason would warrant the assertion, that "the Governor meant, for an indefinite period to avoid an evacuation of the posts: for, while a tribe of Indians existed in that quarter, the Governor could not be sure that they would be pacific."[34] He observed further, that,
"Upon a view of the whole correspondence ... submitted to the President, it appears that there is but too much reason to believe ... that an undue influence has been exercised over the Indians by the officers of His Catholic Majesty to prepare them for a rupture with the United States, those suspicions corresponding with other intelligence recently received by the Secretary of War and by me."[35]
Instructions were issued by the Secretary of War to assure the Spanish Commandant that effort would be made "to preserve a continuance of the pacific dispositions of the Indians within our limits, towards the subjects of His Catholic Majesty or his Indians; and to prevent their commencing hostilities (of which there is no appearance) against either."[36]
III. NECESSITY OF CONSULTING THE KING CONCERNING THE CONDITION IN WHICH THE FORTS WERE TO BE SURRENDERED.[37]
The treaty failed to specify whether the posts should be surrendered with the buildings and fortifications intact, or whether they should first be dismantled. Gayoso declared that a treaty with the Indians required a demolition of the post at Walnut Hill and that orders had been issued to that effect, but that owing to their unsettled dispositions he had received counter orders to prevent the fortifications from being injured.[38] General Wayne took the position that the posts should be left standing.[39] President Adams, however, left the matter entirely to the discretion of the Spanish officials, and thus at once brought an end to the validity of this excuse.[40] On this sub-Secretary Pickering maintained: