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[Extract of a Letter from the Secretary of War to David Henley, dated "War office June 23d 1796."
"As to compensation for injuries done to Citizens on friendly, or other visits, by the Indians, you will consult the 14th Section of the Act "to regulate trade and intercourse with the Indian tribes and to preserve Peace on the Frontiers" which I here inclose, and be governed by it in your proceedings.".
The claim of General Robertson is for a quantity of Corn estimated by the depositions of two persons at five hundred bushels; which, it is said was supplied a party of Chicasaw &Choctaw Indians in the year 1795 while at his House — no account is stated or price offered. The section above referred to by Mr McHenry guarantees to the party injured an eventful indemnification by the United States for property [underline: taken] [underline: stolen] or [underline: destroyed] by the Indians for which it directs a deduction shall be made from the annual stipends due the nation to which the Indians belonged.
In the case of Genl Robertson, the Corn cannot be said to have been taken, stolen or destroyed — for the depositions state it to have been supplied: that Law cannot therefore govern, for altho' the contemplated visit may unauthorized — yet it was necessary that the Indians should be supported while they were within the United States territory, and during their detention at General Robertsons.
If it shall be decided by the Secretary of War, that compensation shall be make; [strikethrough: M Meigs might be directed to satisfy] himself as to the proper price to be allowed, having reference to the situation of the Corn; (it having been in the field when used,) and to make payment accordingly.
Department of War
Accountants Office
December 28th 1804
[signature]
[undecipherable] Simmons