It will be thus seen that the negotiation of a treaty was not authorized; but if in the opinion of the President and Senate it shall be advisable to adopt and confirm it, I do not see any legal objection to such a course.  The quantity of land ceded is estimated at about 500,000 acres, for which the consideration is fixed at $550,000, or $1.10 per acre, of which $250,000 are payable presently and the balance in annual payments of $15,000, which will be discharged in twenty years.  In addition, we will be bound to remove them west of the Mississippi within five years, the period stipulated for their emigration, and to subsist them for one year after their arrival.  These are the chief provisions in which the United States are interested.  By the second (it is called in the treaty now submitted the “22,” which, if the President should decide to lay it before the Senate, can be corrected by that body) article of the treaty of 6th November, 1838, there is reserved from the cession contained in that instrument 10 miles square for the band of Ma-to-sin-ia, in regard of which the seventh article says: 

“It is further stipulated that the United States convey by patent to Me-shing-go-me-zia, son of Ma-to-sin-ia, the tract of land reserved by the twenty-second article of the treaty of 6th of November, 1838, to the band of Ma-to-sin-ia.”

This is a change as to the title of a reservation heretofore sanctioned and not now ceded, and so far as the United States are concerned does not vary the aspect of the present compact.  There are reserved to the chief Richardville seven sections of land, and to him and the family of the deceased chief Godfrey are to be paid, respectively, considerable sums of money, which it seems from the statement of General Milroy were debts due to them and acknowledged by the tribe.

The treaty of November, 1838, which was ratified on the 8th February, 1839, extinguished the Indian title to about 177,000 acres of land and cost the United States $335,680, or nearly $2 per acre.  Measured by this price the present arrangement would seem to be very advantageous.  It is stated by Messrs. Milroy and Hamilton that more favorable terms will not be assented to by the Miamies under any circumstances, and considering the great importance of the adoption of this compact, however irregularly made, to the State of Indiana, as well as the belief that any postponement will probably swallow up what remains to these Indians in debts which they most improvidently contract and the conviction that nothing can save them from moral ruin but their removal west, I think it would be judicious in all views of the matter to adopt and ratify this treaty, and respectfully recommend that it, with the accompanying papers, be laid before the President, and, if he and you concur in my views, that the sanction of it by the Senate be asked.

Respectfully submitted,

T. HARTLEY CRAWFORD.

[Footnote 86:  Omitted.]