ardville, 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