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 Richardville, urging the propriety of a negotiation. (B.[86])

On the 12th August, no appropriation having been made by Congress, a letter was addressed to you by the Hon. O.H.  Smith, of the Senate of the United States from Indiana, inclosing a letter from Mr. Hamilton, dated on the 11th, urging the vast importance of treating with the Miamies, as well to them as to the State, and giving the reasons which in the judgment of both led to the conclusion that their particular case should form an exception to the general rule that obtains in regard of Indian treaties, and recommending strongly the appointment of General Milroy as a suitable person to conduct the negotiation.  A communication of similar character (except the last feature), dated 20th August, was received from Mr. Milroy.  The letter of the Hon. Mr. Smith was referred by you to this office, and on the 27th August, after a conference with you on the subject, I replied that exceptions to the rule stated might under very peculiar circumstances exist, but that as the Senate certainly, and it was believed the House too, had rejected an application for an appropriation, the opening of a negotiation might be considered to be opposed to an expression of legislative opinion.  In answer to the suggestion that little or perhaps no expense need be incurred, as the treaty could be made at the payment of the annuities, it was remarked that the consideration money must necessarily be large, as the Miami lands were very valuable, and an appropriation of it required, which Congress might be disinclined to grant after what had happened; that it was therefore deemed advisable to decline treating, and that perhaps a future application for legislative sanction might be more successful.  Of this letter a copy was sent to General Milroy as a reply on the subject in hand to his communication of 31st July, and his letter of 20th August was further answered on 2d September. (C.[86])

In consequence of the representations referred to, and probably others which did not reach me, you addressed me an unofficial note on 14th September, suggesting that Allen Hamilton, esq., might at the payment of the annuities make an arrangement with the Miamies that would be “gratifying to the people as well as beneficial to the service.”  With this expressed wish of the head of the Department, and after consultation with you, I wrote unofficial letters to General Samuel Milroy and to Allen Hamilton, esq., on the 18th September, setting forth the views of the Department as hereinbefore expressed in regard of precedent legislative sanction and the importance