late collector of the customs at the port
of New York.

I would respectfully invite the early attention of Congress to the
adoption of the legal provisions therein suggested, or such other
measures as may appear more expedient, for increasing the public
security against similar defalcations hereafter.

M. VAN BUREN.

WASHINGTON, _December 14, 1838_.

_To the Senate of the United States_:

With the accompanying communication of the Secretary of War I transmit,
for the consideration and constitutional action of the Senate, a treaty
concluded with the Miami tribe of Indians on the 6th ultimo. Your
attention is invited to that section which reserves a tract of land for
the use of certain Indians, and to other reservations contained in the
treaty. All such reservations are objectionable, but for the reasons
given by the Secretary of War I submit to your consideration whether the
circumstances attending this negotiation, and the great importance of
removing the Miamies from the State of Indiana, will warrant a departure
in this instance from the salutary rule of excluding all reservations
from Indian treaties.

M. VAN BUREN.

WAR DEPARTMENT, _December 14, 1838_.

The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor to lay before you, for submission to the Senate
for its action if approved by you, a treaty with the Miami tribe of
Indians concluded on the 6th ultimo. In doing so I beg to call your
attention to that section which reserves from the cession made by the
Miamies a tract of land supposed to contain 10 square miles, and to
other reservations according to a schedule appended to the treaty. The
commissioner who negotiated this treaty is of opinion that it could not
have been concluded if he had not so far departed from his instructions
as to admit these reservations. And it is to be feared that if the
rules adopted by the Department in this particular be insisted upon
on this occasion it will very much increase the difficulty, if it does
not render it impracticable to acquire this land and remove these
Indians--objects of so much importance to the United States and
especially to the State of Indiana.

Very respectfully, your most obedient servant,

J.R. POINSETT.

WASHINGTON, _December 18, 1838_.

_To the House of Representatives of the United States_:

I transmit the accompanying documents, marked from 1 to 5,[39] in
reply to a resolution of yesterday's date, calling for copies of