To the Senate of the United States: 

I submit herewith a treaty concluded with the Miami Indians for the cession of their lands in the State of Indiana.  The circumstances attending this negotiation are fully set forth in the accompanying communication from the Secretary of War.  Although the treaty was concluded without positive instructions and the usual official preliminaries, its terms appear to be so advantageous and the acquisition of these lands are deemed so desirable by reason of their importance to the State of Indiana and the Government, as well as on account of the Indians themselves, who will be greatly benefited by their removal west, that I have thought it advisable to submit it to the action of the Senate.

M. VAN BUREN.

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