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.
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