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])
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 advantage
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