With the accompanying communication of the Secretary of War I transmit, for the consideration and constitutional action of the Senate, a treaty concluded with the Miami tribe of Indians on the 6th ultimo.  Your attention is invited to that section which reserves a tract of land for the use of certain Indians, and to other reservations contained in the treaty.  All such reservations are objectionable, but for the reasons given by the Secretary of War I submit to your consideration whether the circumstances attending this negotiation, and the great importance of removing the Miamies from the State of Indiana, will warrant a departure in this instance from the salutary rule of excluding all reservations from Indian treaties.

M. VAN BUREN.

WAR DEPARTMENT, December 14, 1838.

The PRESIDENT OF THE UNITED STATES.

SIR:  I have the honor to lay before you, for submission to the Senate for its action if approved by you, a treaty with the Miami tribe of Indians concluded on the 6th ultimo.  In doing so I beg to call your attention to that section which reserves from the cession made by the Miamies a tract of land supposed to contain 10 square miles, and to other reservations according to a schedule appended to the treaty.  The commissioner who negotiated this treaty is of opinion that it could not have been concluded if he had not so far departed from his instructions as to admit these reservations.  And it is to be feared that if the rules adopted by the Department in this particular be insisted upon on this occasion it will very much increase the difficulty, if it does not render it impracticable to acquire this land and remove these Indians—­objects of so much importance to the United States and especially to the State of Indiana.

Very respectfully, your most obedient servant,

J.R.  POINSETT.

WASHINGTON, December 18, 1838.

To the House of Representatives of the United States: 

I transmit the accompanying documents, marked from 1 to 5,[39] in reply to a resolution of yesterday’s date, calling for copies of correspondence between the Executive of the General Government and the governor of Pennsylvania in relation to “a call of the latter for an armed force of United States troops since the present session of Congress,” and requiring information “whether any officer of the United States instigated or participated” in the riotous proceedings referred to in the resolution, and “what measures, if any, the President has taken to investigate and punish the said acts, and whether any such officer still remains in the service of the United States.”

M. VAN BUREN.

[Footnote 39:  Relating to the “Buckshot war.”]

WASHINGTON, December 20, 1838.

To the House of Representatives: 

I have the honor to transmit herewith additional letters and documents[40] embraced in the resolution of the House of Representatives of the 17th instant.