18th September, setting forth
the views of the Department as hereinbefore expressed in regard of
precedent legislative sanction and the importance to Indiana of treating
with the Miamies, whose disposition to cede their remaining lands on
just and equitable terms might not continue. It was thought, however, to
be in keeping with the rule adopted to ascertain informally from the
Miamies what they would be willing to take for their lands when it was
their pleasure to emigrate, etc. It was doubted whether it would be
judicious to reduce the terms to writing, however informally, on account
of the difficulty there might be in convincing the Indians that it was
not a treaty, although it was desirable, if it could be safely done,
that it should be so; and they were informed that a report from them
would answer "all my purposes, as my object is to be able to say to each
branch of Congress upon what terms the Miami lands can be had by the
United States, so that if the terms are approved the necessary law may
be passed." It was suggested that the annuity payment would afford a
good opportunity for procuring the information desired, which it was
expected could be had without any expense, for which there were no
funds, and that if there were it would not be proper to expend them
in the way proposed. (D.[86])

I desire to state the facts as they exist so fully as to exhibit
precisely what has been the action of the Department, without going into
more detail than may be necessary, and therefore annex extracts and
copies of the papers referred to instead of embodying them in this
communication.

On the 28th day of November last a treaty was concluded by Messrs.
Samuel Milroy and Allen Hamilton with "the chiefs, warriors, and headmen
of the Miami tribe of Indians," which was received here on the 19th
instant, accompanied by a letter explanatory of the treaty and stating
it to have been made by "the undersigned, acting under instructions
contained in your unofficial letter dated September 18, 1840;" that it
was made at the annuity payment, when "the views and instructions of the
Department" were "communicated to the Miami Indians in full council,"
and that "after full consideration of the subject they decided to reduce
to treaty form a proposition or the terms upon which they would consent
to cede their remaining lands in Indiana to the United States, subject,
as they understand it, to the approval of the Department and the
approval