Special Message

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 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.*) 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.*)

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.*)

*Omitted.

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 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*)

*Omitted.

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 Godfroy. (E.*)

*Omitted.

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 Godfroy 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.