SPECIAL MESSAGES.

WASHINGTON, December 14, 1846.

To the Senate of the United States:

I transmit to the Senate, for their consideration and advice with regard to its ratification, a convention for the mutual surrender of criminals between the United States and the Swiss Confederation, signed by their respective plenipotentiaries on the 15th of September last at Paris.

I transmit also a copy of a dispatch from the plenipotentiary of the United States, with the accompanying documents.

JAMES K. POLK.

WASHINGTON, December 22, 1846.

To the House of Representatives of the United States:

In compliance with the request contained in the resolution of the House of Representatives of the 15th instant, I communicate herewith reports from the Secretary of War and the Secretary of the Navy, with the documents which accompany them.

These documents contain all the "orders or instructions" to any military, naval, or other officer of the Government "in relation to the establishment or organization of civil government in any portion of the territory of Mexico which has or might be taken possession of by the Army or Navy of the United States."

These orders and instructions were given to regulate the exercise of the rights of a belligerent engaged in actual war over such portions of the territory of our enemy as by military conquest might be "taken possession of" and be occupied by our armed forces—rights necessarily resulting from a state of war and clearly recognized by the laws of nations. This was all the authority which could be delegated to our military and naval commanders, and its exercise was indispensable to the secure occupation and possession of territory of the enemy which might be conquered. The regulations authorized were temporary, and dependent on the rights acquired by conquest. They were authorized as belligerent rights, and were to be carried into effect by military or naval officers. They were but the amelioration of martial law, which modern civilization requires, and were due as well to the security of the conquest as to the inhabitants of the conquered territory.

The documents communicated also contain the reports of several highly meritorious officers of our Army and Navy who have conquered and taken possession of portions of the enemy's territory.

Among the documents accompanying the report of the Secretary of War will be found a "form of government" "established and organized" by the military commander who conquered and occupied with his forces the Territory of New Mexico. This document was received at the War Department in the latter part of the last month, and, as will be perceived by the report of the Secretary of War, was not, for the reasons stated by that officer, brought to my notice until after my annual message of the 8th instant was communicated to Congress.

It is declared on its face to be a "temporary government of the said Territory," but there are portions of it which purport to "establish and organize" a permanent Territorial government of the United States over the Territory and to impart to its inhabitants political rights which under the Constitution of the United States can be enjoyed permanently only by citizens of the United States. These have not been "approved and recognized" by me. Such organized regulations as have been established in any of the conquered territories for the security of our conquest, for the preservation of order, for the protection of the rights of the inhabitants, and for depriving the enemy of the advantages of these territories while the military possession of them by the forces of the United States continues will be recognized and approved.

It will be apparent from the reports of the officers who have been required by the success which has crowned their arms to exercise the powers of temporary government over the conquered territories that if any excess of power has been exercised the departure has been the offspring of a patriotic desire to give to the inhabitants the privileges and immunities so cherished by the people of our own country, and which they believed calculated to improve their condition and promote their prosperity. Any such excess has resulted in no practical injury, but can and will be early corrected in a manner to alienate as little as possible the good feelings of the inhabitants of the conquered territory.

JAMES K. POLK.

WASHINGTON, December 29, 1846.

To the Senate and House of Representatives of the United States:

In order to prosecute the war against Mexico with vigor and success, it is necessary that authority should be promptly given by Congress to increase the Regular Army and to remedy existing defects in its organization. With this view your favorable attention is invited to the annual report of the Secretary of War, which accompanied my message of the 8th instant, in which he recommends that ten additional regiments of regular troops shall be raised, to serve during the war.

Of the additional regiments of volunteers which have been called for from several of the States, some have been promptly raised; but this has not been the case in regard to all. The existing law, requiring that they should be organized by the independent action of the State governments, has in some instances occasioned considerable delay, and it is yet uncertain when the troops required can be ready for service in the field.

It is our settled policy to maintain in time of peace as small a Regular Army as the exigencies of the public service will permit. In a state of war, notwithstanding the great advantage with which our volunteer citizen soldiers can be brought into the field, this small Regular Army must be increased in its numbers in order to render the whole force more efficient.

Additional officers as well as men then become indispensable. Under the circumstances of our service a peculiar propriety exists for increasing the officers, especially in the higher grades. The number of such officers who from age and other causes are rendered incapable of active service in the field has seriously impaired the efficiency of the Army.

From the report of the Secretary of War it appears that about two-thirds of the whole number of regimental field officers are either permanently disabled or are necessarily detached from their commands on other duties. The long enjoyment of peace has prevented us from experiencing much embarrassment from this cause, but now, in a state of war, conducted in a foreign country, it has produced serious injury to the public service.

An efficient organization of the Army, composed of regulars and volunteers, whilst prosecuting the war in Mexico, it is believed would require the appointment of a general officer to take the command of all our military forces in the field. Upon the conclusion of the war the services of such an officer would no longer be necessary, and should be dispensed with upon the reduction of the Army to a peace establishment.

I recommend that provision be made by law for the appointment of such a general officer to serve during the war.

It is respectfully recommended that early action should be had by Congress upon the suggestions submitted for their consideration, as necessary to insure active and efficient service in prosecuting the war, before the present favorable season for military operations in the enemy's country shall have passed away.

JAMES K. POLK.

WASHINGTON, January 4, 1847.

To the Senate of the United States:

I communicate herewith a report of the Postmaster-General, which contains the information called for by the resolution of the Senate of the 16th instant, in relation to the means which have been taken for the transmission of letters and papers to and from the officers and soldiers now in the service of the United States in Mexico. In answer to the inquiry whether any legislation is necessary to secure the speedy transmission and delivery of such letters and papers, I refer you to the suggestions of the Postmaster-General, which are recommended to your favorable consideration.

JAMES K. POLK.

WASHINGTON, January 11, 1847.

To the Senate of the United States:

In answer to the resolution of the Senate of the 22d ultimo, calling for information relative to the negotiation of the treaty of commerce with the Republic of New Granada signed on the 20th of December, 1844, I transmit a report from the Secretary of State and the documents by which it was accompanied.

JAMES K. POLK.

WASHINGTON, January 19, 1847.

To the House of Representatives of the United States:

I transmit herewith a report of the Secretary of War, with the accompanying report from the Adjutant-General of the Army, made in compliance with the resolution of the House of Representatives of the 5th instant, requesting the President to communicate to the House "the whole number of volunteers which have been mustered into the service of the United States since the 1st day of May last, designating the number mustered for three months, six months, and twelve months; the number of those who have been discharged before they served two months, number discharged after two months' service, and the number of volunteer officers who have resigned, and the dates of their resignations."

JAMES K. POLK.

WASHINGTON, January 20, 1847.

To the House of Representatives of the United States:

I communicate herewith a letter received from the president of the convention of delegates of the people of Wisconsin, transmitting a certified copy of the constitution adopted by the delegates of the people of Wisconsin in convention assembled, also a copy of the act of the legislature of the Territory of Wisconsin providing for the calling of said convention, and also a copy of the last census, showing the number of inhabitants in said Territory, requesting the President to "lay the same before the Congress of the United States with the request that Congress act upon the same at its present session."

JAMES K. POLK.

WASHINGTON, January 25, 1847.

To the House of Representatives of the United States:

I communicate herewith a report of the Secretary of the Treasury, accompanied by a statement of the Register of the Treasury prepared in compliance with a resolution of the House of Representatives of the 7th instant, requesting the President "to furnish the House with a statement showing the whole amount allowed and paid at the Treasury during the year ending 30th June, 1846, for postages of the Executive Departments of the Government and for the several officers and persons authorized by the act approved 3d March, 1846, to send or receive matter through the mails free, including the amount allowed or allowable, if charged in the postages of any officers or agents, military, naval, or civil, employed in or by any of said Departments." It will be perceived that said statement is as full and accurate as can be made during the present session of Congress.

JAMES K. POLK.

WASHINGTON, January 29, 1847.

To the House of Representatives of the United States:

I communicate herewith a report of the Secretary of War, together with reports of the Adjutant-General and Paymaster-General of the Army, in answer to a resolution of the House of Representatives of the 20th instant, requesting the President to communicate to the House "whether any, and, if any, which, of the Representatives named in the list annexed have held any office or offices under the United States since the commencement of the Twenty-ninth Congress, designating the office or offices held by each, and whether the same are now so held, and including in said information the names of all who are now serving in the Army of the United States as officers and receiving pay as such, and when and by whom they were commissioned."

JAMES K. POLK.

WASHINGTON, February 3, 1847.

To the Senate of the United States:

I communicate herewith reports of the Secretary of War and the Secretary of the Treasury, with accompanying documents, in answer to a resolution of the Senate "requesting the President to inform the Senate whether any funds of the Government, and, if any, what amount, have been remitted from the Atlantic States to New Orleans or to the disbursing officers of the American Army in Mexico since the 1st of September last, and, if any remitted, in what funds remitted, whether in gold or silver coin, Treasury notes, bank notes, or bank checks, and, if in whole or in part remitted in gold and silver, what has been the expense to the Government of each of said remittances."

JAMES K. POLK.

WASHINGTON, February 10, 1847.

To the Senate of the United States:

I transmit to the Senate, for their advice with regard to its ratification, "a general treaty of peace, amity, navigation, and commerce between the United States of America and the Republic of New Granada," concluded at Bogota on the 12th December last by Benjamin A. Bidlack, chargé d'affaires of the United States, on their part, and by Manuel Maria Mallarino, secretary of state and foreign relations, on the part of that Republic.

It will be perceived by the thirty-fifth article of this treaty that New Granada proposes to guarantee to the Government and citizens of the United States the right of passage across the Isthmus of Panama over the natural roads and over any canal or railroad which may be constructed to unite the two seas, on condition that the United States shall make a similar guaranty to New Granada of the neutrality of this portion of her territory and her sovereignty over the same.

The reasons which caused the insertion of this important stipulation in the treaty will be fully made known to the Senate by the accompanying documents. From these it will appear that our chargé d'affaires acted in this particular upon his own responsibility and without instructions. Under such circumstances it became my duty to decide whether I would submit the treaty to the Senate, and after mature consideration I have determined to adopt this course.

The importance of this concession to the commercial and political interests of the United States can not easily be overrated. The route by the Isthmus of Panama is the shortest between the two oceans, and from the information herewith communicated it would seem to be the most practicable for a railroad or canal.

The vast advantages to our commerce which would result from such a communication, not only with the west coast of America, but with Asia and the islands of the Pacific, are too obvious to require any detail. Such a passage would relieve us from a long and dangerous navigation of more than 9,000 miles around Cape Horn and render our communication with our possessions on the northwest coast of America comparatively easy and speedy.

The communication across the Isthmus has attracted the attention of the Government of the United States ever since the independence of the South American Republics. On the 3d of March, 1835, a resolution passed the Senate in the following words:

Resolved, That the President of the United States be respectfully requested to consider the expediency of opening negotiations with the governments of other nations, and particularly with the Governments of Central America and New Granada, for the purpose of effectually protecting, by suitable treaty stipulations with them, such individuals or companies as may undertake to open a communication between the Atlantic and Pacific oceans by the construction of a ship canal across the isthmus which connects North and South America, and of securing forever by such stipulations the free and equal right of navigating such canal to all nations on the payment of such reasonable tolls as may be established to compensate the capitalists who may engage in such undertaking and complete the work.

No person can be more deeply sensible than myself of the danger of entangling alliances with any foreign nation. That we should avoid such alliances has become a maxim of our policy consecrated by the most venerated names which adorn our history and sanctioned by the unanimous voice of the American people. Our own experience has taught us the wisdom of this maxim in the only instance, that of the guaranty to France of her American possessions, in which we have ever entered into such an alliance. If, therefore, the very peculiar circumstances of the present case do not greatly impair, if not altogether destroy, the force of this objection, then we ought not to enter into the stipulation, whatever may be its advantages. The general considerations which have induced me to transmit the treaty to the Senate for their advice may be summed up in the following particulars:

1. The treaty does not propose to guarantee a territory to a foreign nation in which the United States will have no common interest with that nation. On the contrary, we are more deeply and directly interested in the subject of this guaranty than New Granada herself or any other country.

2. The guaranty does not extend to the territories of New Granada generally, but is confined to the single Province of the Isthmus of Panama, where we shall acquire by the treaty a common and coextensive right of passage with herself.

3. It will constitute no alliance for any political object, but for a purely commercial purpose, in which all the navigating nations of the world have a common interest.

4. In entering into the mutual guaranties proposed by the thirty-fifth article of the treaty neither the Government of New Granada nor that of the United States has any narrow or exclusive views. The ultimate object, as presented by the Senate of the United States in their resolution to which I have already referred, is to secure to all nations the free and equal right of passage over the Isthmus. If the United States, as the chief of the American nations, should first become a party to this guaranty, it can not be doubted—indeed, it is confidently expected by the Government of New Granada—that similar guaranties will be given to that Republic by Great Britain and France. Should the proposition thus tendered be rejected we may deprive the United States of the just influence which its acceptance might secure to them and confer the glory and benefits of being the first among the nations in concluding such an arrangement upon the Government either of Great Britain or France. That either of these Governments would embrace the offer can not be doubted, because there does not appear to be any other effectual means of securing to all nations the advantages of this important passage but the guaranty of great commercial powers that the Isthmus shall be neutral territory. The interests of the world at stake are so important that the security of this passage between the two oceans can not be suffered to depend upon the wars and revolutions which may arise among different nations.

Besides, such a guaranty is almost indispensable to the construction of a railroad or canal across the territory. Neither sovereign states nor individuals would expend their capital in the construction of these expensive works without some such security for their investments.

The guaranty of the sovereignty of New Granada over the Isthmus is a natural consequence of the guaranty of its neutrality, and there does not seem to be any other practicable mode of securing the neutrality of this territory. New Granada would not consent to yield up this Province in order that it might become a neutral state, and if she should it is not sufficiently populous or wealthy to establish and maintain an independent sovereignty. But a civil government must exist there in order to protect the works which shall be constructed. New Granada is a power which will not excite the jealousy of any nation. If Great Britain, France, or the United States held the sovereignty over the Isthmus, other nations might apprehend that in case of war the Government would close up the passage against the enemy, but no such fears can ever be entertained in regard to New Granada.

This treaty removes the heavy discriminating duties against us in the ports of New Granada, which have nearly destroyed our commerce and navigation with that Republic, and which we have been in vain endeavoring to abolish for the last twenty years.

It may be proper also to call the attention of the Senate to the twenty-fifth article of the treaty, which prohibits privateering in case of war between the two Republics, and also to the additional article, which nationalizes all vessels of the parties which "shall be provided by the respective Governments with a patent issued according to its laws," and in this particular goes further than any of our former treaties.

JAMES K. POLK.

WASHINGTON, February 13, 1847.

To the Senate and House of Representatives of the United States:

Congress, by the act of the 13th of May last, declared that "by the act of the Republic of Mexico a state of war exists between that Government and the United States" and "for the purpose of enabling the Government of the United States to prosecute said war to a speedy and successful termination" authority was vested in the President to employ the "naval and military forces of the United States."

It has been my unalterable purpose since the commencement of hostilities by Mexico and the declaration of the existence of war by Congress to prosecute the war in which the country was unavoidably involved with the utmost energy, with a view to its "speedy and successful termination" by an honorable peace.

Accordingly all the operations of our naval and military forces have been directed with this view. While the sword has been held in one hand and our military movements pressed forward into the enemy's country and its coasts invested by our Navy, the tender of an honorable peace has been constantly presented to Mexico in the other.

Hitherto the overtures of peace which have been made by this Government have not been accepted by Mexico. With a view to avoid a protracted war, which hesitancy and delay on our part would be so well calculated to produce, I informed you in my annual message of the 8th December last that the war would "continue to be prosecuted with vigor, as the best means of securing peace," and recommended to your early and favorable consideration the measures proposed by the Secretary of War in his report accompanying that message.

In my message of the 4th January last these and other measures deemed to be essential to the "speedy and successful termination" of the war and the attainment of a just and honorable peace were recommended to your early and favorable consideration.

The worst state of things which could exist in a war with such a power as Mexico would be a course of indecision and inactivity on our part. Being charged by the Constitution and the laws with the conduct of the war, I have availed myself of all the means at my command to prosecute it with energy and vigor.

The act "to raise for a limited time an additional military force, and for other purposes," and which authorizes the raising of ten additional regiments to the Regular Army, to serve during the war and to be disbanded at its termination, which was presented to me on the 11th instant and approved on that day, will constitute an important part of our military force. These regiments will be raised and moved to the seat of war with the least practicable delay.

It will be perceived that this act makes no provision for the organization into brigades and divisions of the increased force which it authorizes, nor for the appointment of general officers to command it. It will be proper that authority be given by law to make such organization, and to appoint, by and with the advice and consent of the Senate, such number of major-generals and brigadier-generals as the efficiency of the service may demand. The number of officers of these grades now in service are not more than are required for their respective commands; but further legislative action during your present session will, in my judgment, be required, and to which it is my duty respectfully to invite your attention.

Should the war, contrary to my earnest desire, be protracted to the close of the term of service of the volunteers now in Mexico, who engaged for twelve months, an additional volunteer force will probably become necessary to supply their place. Many of the volunteers now serving in Mexico, it is not doubted, will cheerfully engage at the conclusion of their present term to serve during the war. They would constitute a more efficient force than could be speedily obtained by accepting the services of any new corps who might offer their services. They would have the advantage of the experience and discipline of a year's service, and will have become accustomed to the climate and be in less danger than new levies of suffering from the diseases of the country. I recommend, therefore, that authority be given to accept the services of such of the volunteers now in Mexico as the state of the public service may require, and who may at the termination of their present term voluntarily engage to serve during the war with Mexico, and that provision be made for commissioning the officers. Should this measure receive the favorable consideration of Congress, it is recommended that a bounty be granted to them upon their voluntarily extending their term of service. This would not only be due to these gallant men, but it would be economy to the Government, because if discharged at the end of the twelve months the Government would be bound to incur a heavy expense in bringing them back to their homes and in sending to the seat of war new corps of fresh troops to supply their place.

By the act of the 13th of May last the President was authorized to accept the services of volunteers "in companies, battalions, squadrons, and regiments," but no provision was made for filling up vacancies which might occur by death or discharges from the service on account of sickness or other casualties. In consequence of this omission many of the corps now in service have been much reduced in numbers. Nor was any provision made for filling vacancies of regimental or company officers who might die or resign. Information has been received at the War Department of the resignation of more than 100 of these officers. They were appointed by the State authorities, and no information has been received except in a few instances that their places have been filled; and the efficiency of the service has been impaired from this cause. To remedy these defects, I recommend that authority be given to accept the services of individual volunteers to fill up the places of such as may die or become unfit for the service and be discharged, and that provision be also made for filling the places of regimental and company officers who may die or resign. By such provisions the volunteer corps may be constantly kept full or may approximate the maximum number authorized and called into service in the first instance.

While it is deemed to be our true policy to prosecute the war in the manner indicated, and thus make the enemy feel its pressure and its evils, I shall be at all times ready, with the authority conferred on me by the Constitution and with all the means which may be placed at my command by Congress, to conclude a just and honorable peace.

Of equal importance with an energetic and vigorous prosecution of the war are the means required to defray its expenses and to uphold and maintain the public credit.

In my annual message of the 8th December last I submitted for the consideration of Congress the propriety of imposing, as a war measure, revenue duties on some of the articles now embraced in the free list. The principal articles now exempt from duty from which any considerable revenue could be derived are tea and coffee. A moderate revenue duty on these articles it is estimated would produce annually an amount exceeding $2,500,000. Though in a period of peace, when ample means could be derived from duties on other articles for the support of the Government, it may have been deemed proper not to resort to a duty on these articles, yet when the country is engaged in a foreign war and all our resources are demanded to meet the unavoidable increased expenditure in maintaining our armies in the field no sound reason is perceived why we should not avail ourselves of the revenues which may be derived from this source. The objections which have heretofore existed to the imposition of these duties were applicable to a state of peace, when they were not needed. We are now, however, engaged in a foreign war. We need money to prosecute it and to maintain the public honor and credit. It can not be doubted that the patriotic people of the United States would cheerfully and without complaint submit to the payment of this additional duty or any other that may be necessary to maintain the honor of the country, provide for the unavoidable expenses of the Government, and to uphold the public credit. It is recommended that any duties which may be imposed on these articles be limited in their duration to the period of the war.

An additional annual revenue, it is estimated, of between half a million and a million of dollars would be derived from the graduation and reduction of the price of such of the public lands as have been long offered in the market at the minimum price established by the existing laws and have remained unsold. And in addition to other reasons commending the measure to favorable consideration, it is recommended as a financial measure. The duty suggested on tea and coffee and the graduation and reduction of the price of the public lands would secure an additional annual revenue to the Treasury of not less than $3,000,000, and would thereby prevent the necessity of incurring a public debt annually to that amount, the interest on which must be paid semiannually, and ultimately the debt itself by a tax on the people.

It is a sound policy and one which has long been approved by the Government and people of the United States never to resort to loans unless in cases of great public emergency, and then only for the smallest amount which the public necessities will permit.

The increased revenues which the measures now recommended would produce would, moreover, enable the Government to negotiate a loan for any additional sum which may be found to be needed with more facility and at cheaper rates than can be done without them.

Under the injunction of the Constitution which makes it my duty "from time to time to give to Congress information of the state of the Union and to recommend to their consideration such measures" as shall be judged "necessary and expedient," I respectfully and earnestly invite the action of Congress on the measures herein presented for their consideration. The public good, as well as a sense of my responsibility to our common constituents, in my judgment imperiously demands that I should present them for your enlightened consideration and invoke favorable action upon them before the close of your present session.

JAMES K. POLK.

WASHINGTON, February 13, 1847.

To the Senate of the United States:

I nominate the officers named in the accompanying communication for regular promotion in the Army of the United States, as proposed by the Secretary of War.

JAMES K. POLK.

WAR DEPARTMENT,
Washington, February 13, 1847.

The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor respectfully to propose for your approbation the following-named captains[10] for promotion to the rank of major in the existing regiments of the Army, in conformity with the third section of the act approved February 11, 1847, which authorizes one additional major to each of the regiments of dragoons, artillery, infantry, and riflemen.

The promotions are all regular with one exception, that of Captain Washington Seawell, of the Seventh Infantry, instead of Captain Edgar Hawkins, of the same regiment, who stands at the head of the list of his grade in the infantry arm. Captain Hawkins, who distinguished himself in the defense of Fort Brown, is passed over on the ground of mental alienation, it being officially reported that he is "insane," on which account he was recently sent from the Army in Mexico. He is now in New York, and is reported to be "unable to perform any duty." An officer just returned from the Army in Mexico, and who had recently served with Captain Hawkins, informed the Adjutant-General that he was quite deranged, but that he had hopes of his recovery, as the malady was probably caused by sickness. Should these hopes be realized at some future day, Captain Hawkins will then of course be promoted without loss of rank; meanwhile I respectfully recommend that he be passed over, as the declared object of these additional majors (as set forth in the Adjutant-General's report to this Department of the 30th of July last) was to insure the presence of an adequate number of efficient field officers for duty with the marching regiments, which object would be neutralized in part should Captain Hawkins now receive the appointment.

I am, sir, with great respect, your obedient servant,

W.L. MARCY

WASHINGTON, February 20, 1847.

To the Senate of the United States:

I communicate herewith a report of the Secretary of State, with the accompanying documents, in answer to a resolution of the Senate of the 2d instant, requesting the President to communicate such information in possession of the Executive Departments in relation to the importation of foreign criminals and paupers as he may deem consistent with the public interests to communicate.

JAMES K. POLK.

WASHINGTON, February 26, 1847.

To the Senate of the United States:

I nominate the persons named in the accompanying list[11] of promotions and appointments in the Army of the United States to the several grades annexed to their names, as proposed by the Secretary of War.

JAMES K. POLK.

WAR DEPARTMENT,
February 26, 1847.

The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor respectfully to propose for your approbation the annexed list[12] of officers for regular promotion and persons for appointment in the Army of the United States.

It having been decided to be just and proper to restore Grafton D. Hanson, late a lieutenant in the Eighth Infantry, to his former regiment and rank, whose resignation was accepted in June, 1845, contrary to his wish, he having in due time recalled the same, it will be seen that he is reappointed accordingly. I deem it proper to state that the vacancy of first lieutenant in the Eighth Infantry, now proposed to be filled by Mr. Hanson's restoration and reappointment, has been occasioned by the appointment of the senior captain of the regiment to be major under the recent act authorizing an additional major to each regiment, being an original vacancy, and therefore the less reason for any objection in respect to the general principles and usages of the service, which guarantee regular promotions to fill vacancies which occur by accident, etc.

I am, sir, with great respect, your obedient servant,

W.L. MARCY.

WASHINGTON, February 26, 1847.

To the Senate of the United States:

I nominate the officers named in the accompanying list[13] for brevet promotion in the Army of the United States, for gallant conduct in the actions at Monterey.

JAMES K. POLK.

WAR DEPARTMENT,
February 19, 1847.

The PRESIDENT.

SIR: I present to you the following list[14] of officers engaged in the actions at Monterey, whose distinguished conduct therein entitles them, in my judgment, to the promotion by brevet. This list has been prepared after a particular and careful examination of all the documents in this Department in relation to the military operations at that place.

Lieutenant-Colonel Garland and Brevet Lieutenant-Colonel Childs (then a captain of the line) also behaved in the actions of Monterey in a manner deserving of particular notice, but as their names are now before the Senate for colonelcies by brevet, I have not presented them for further promotion. I am not aware that any officer below the lineal rank of colonel has ever been made a brigadier-general by brevet.

I have the honor to be, very respectfully, your obedient servant,

W.L. MARCY.

WASHINGTON, February 27, 1847.

To the House of Representatives of the United States:

I communicate herewith a report of the Secretary of War, with the accompanying documents, in answer to the resolution of the House of Representatives of the 1st instant, requesting the President "to communicate to the House of Representatives all the correspondence with General Taylor since the commencement of hostilities with Mexico which has not yet been published, and the publication of which may not be deemed detrimental to the public service; also the correspondence of the Quartermaster-General in relation to transportation for General Taylor's Army; also the reports of Brigadier-Generals Hamer and Quitman of the operations of their respective brigades on the 21st of September last."

As some of these documents relate to military operations of our forces which may not have been fully executed, I might have deemed it proper to withhold parts of them under the apprehension that their publication at this time would be detrimental to the public service; but I am satisfied that these operations are now so far advanced and that the enemy has already received so much information from other sources in relation to the intended movements of our Army as to render this precaution unnecessary.

JAMES K. POLK.

WASHINGTON, March 2, 1847.

To the Senate of the United States:

I communicate herewith a report of the Secretary of War, with the accompanying documents, in answer to the resolution of the Senate of the 27th ultimo, requesting to be informed "why the name of Captain Theophilus H. Holmes was not sent in for brevet promotion amongst the other officers who distinguished themselves at the military operations at Monterey."

The report of the Secretary of War discloses the reasons for the omission of the name of Captain Holmes in the list of brevet promotions in my message of the ____ ultimo. Upon the additional testimony in Captain Holmes's case which has been received at the War Department, and to which the Secretary of War refers in his report, I deem it proper to nominate him for brevet promotion.

I therefore nominate Captain Theophilus H. Holmes, of the Seventh Regiment of Infantry, to be major by brevet from the 23d September, 1846, in the Army of the United States.

JAMES K. POLK.

WAR DEPARTMENT,
March,1 1847.

The PRESIDENT OF THE UNITED STATES.

SIR: With a special reference to the resolution of the Senate of the 27th ultimo, requesting to be informed "why the name of Captain Theophilus H. Holmes was not sent in for brevet promotion amongst the other officers who distinguished themselves at the military operations at Monterey," I have again examined the official reports of those operations. I do not find that Captain Holmes is mentioned in General Taylor's report, nor in that of any other officer except the report of Brigadier-General Worth. The following extract from the latter contains all that is said having relation to the conduct of Captain Holmes:

"My thanks are also especially due to Lieutenant-Colonel Stanford, Eighth, commanding First Brigade; Major Munroe, chief of artillery, general staff; Brevet Major Brown and Captain J.R. Vinton, artillery battalion; Captain J.B. Scott, artillery battalion, light troops; Major Scott (commanding) and Captain Merrill, Fifth; Captain Miles (commanding), Holmes, and Ross, Seventh Infantry, and Captain Screven, commanding Eighth Infantry; to Lieutenant-Colonel Walker, captain of rifles; Major Chevalier and Captain McCulloch, of the Texan, and Captain Blanchard, of the Louisiana, Volunteers; to Lieutenant Mackall, commanding battery; Roland, Martin, Hays, Irons, Clark, and Curd, horse artillery; Lieutenant Longstreet, commanding light company, Eighth; Lieutenant Ayers, artillery battalion, who was among the first in the assault upon the place and who secured the colors. Each of the officers named either headed special detachments, columns of attack, storming parties, or detached guns, and all were conspicuous for conduct and courage."

It will be perceived that in this list there are twenty-one officers (besides the medical staff and officers of volunteers) who are highly commended by General Worth for gallant conduct. That they were justly entitled to the praise bestowed on them is not doubted; but if I had recommended all of them to be brevetted, together with all those in the reports of other generals also in like manner highly commended, the number of officers in my list submitted for your consideration would have been probably trebled. Indeed, the whole Army behaved most gallantly on that occasion. It was deemed proper to discriminate and select from among the well deserving those who had peculiar claims to distinction. In making this selection I exercised my best judgment, regarding the official reports as the authentic source of information. Six or seven only of the officers named in the foregoing extract from General Worth's report were placed on the list. A close examination of the reports will, I think, disclose the ground for the discrimination, and I hope justify the distinction which I felt it my duty to make. Without disparagement to Captain Holmes, whose conduct was highly creditable, it appears to me that a rule of selection which would have brought him upon the list for promotion by brevet would also have placed on the same list nearly everyone named with him in General Worth's report, and many of the reports of other generals not presented in my report to you of the 19th ultimo. There is not time before the adjournment of the Senate to make the thorough examination which a due regard to the relative claims of the gallant officers engaged in the actions of Monterey would require if the list of brevet promotions is to be enlarged to this extent. Such enlargement would not accord with my own views on the subject of bestowing brevet rewards.

There are on file other papers relative to Captain Holmes. They were not written with reference to his brevet promotion, but for an appointment in the new regiments. Copies of those are herewith transmitted. The letter of the Hon. W.P. Mangum inclosing the statement from Generals Twiggs and Smith is dated the 26th, and my report the 19th ultimo, and was not, consequently, received at this Department until some days after the list for brevets was made out and presented to you.

From the facts and recommendations of the official reports of the actions at Monterey I should not feel warranted in presenting Captain Holmes for brevet promotion without at the same time including on the same list many others not recommended in my report of the 19th ultimo; but as his conduct fell under the immediate observation of General Smith (General Twiggs commanded in a different part of the town), it may be proper to regard their statement, received since my former report was prepared and handed to you, as additional evidence of his gallantry and of claims to your particular notice. I therefore recommend him to be promoted major by brevet.

I have the honor to be, very respectfully, your obedient servant,

W.L. MARCY,
Secretary of War.

[!-- H2 anchor --]