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 and ratification of the President and Senate of the United States before being of any binding force or efficiency as a treaty.”  With the original treaty I send a copy of the explanatory letter and of a communication from General Milroy giving the reasons for the money provisions made for the chief Richardville and the family of Chief Godfrey. (E.[86])