.

WAR DEPARTMENT, _January 4, 1841_.

The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor to transmit herewith a treaty concluded with the
Miami Indians of the State of Indiana, to be laid before the Senate for
their ratification if upon due consideration of the circumstances under
which this treaty was negotiated you should think proper to do so. These
circumstances are fully and correctly set forth in the accompanying
communication from the Commissioner of Indian Affairs, to which I beg
leave respectfully to refer you.

I have the honor to be, very respectfully, your most obedient servant,

J.R. POINSETT.

WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,

_December 29, 1840_.

Hon. J.R. POINSETT,

_Secretary of War_.

SIR: A treaty made with the Miami tribe of Indians in the State of
Indiana on the 28th day of November last for the residue of their lands
in that State has been unexpectedly received.

Great anxiety has been manifested by the citizens of Indiana and made
known by their representatives in both Houses of Congress that a cession
of the Miami land should be procured, and it seems to have been met by
a correspondent disposition on the part of the leading men among the
Indians. On the 25th May last a communication was received from General
Samuel Milroy, subagent, etc., expressing the belief that the Miamies
would treat and that their principal chief was desirous before the close
of his life, now drawing near, to effect a negotiation, as in his
opinion the emigration or extinction of the tribe were the alternatives
before them, and suggesting that the most judicious course would be to
conduct the business informally at the annuity payment. In reply he was
informed on the 2d July that the Department did not open negotiations
for the purchase of Indian lands unless thereto previously authorized by
Congress, and that at the request of a portion of the representation of
Indiana an estimate had been furnished of the sum that would be required
to hold a treaty, and that if the presumed intention of obtaining the
estimate should be realized an effort would be made to execute the
purpose for which the appropriation would be obtained. (Extracts from
these letters, so far as they relate to the subject, are herewith sent,
marked A.[86]) On the 31st July he renewed the subject, accompanied by
an extract of a letter of 22d July to himself from Allen Hamilton, esq.,
the confidential friend of Chief Rich