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WASHINGTON, December 16, 1845. To the Senate of the United States:

I herewith transmit a report from the Secretary of State, containing the information called for by the resolution of the Senate of the 8th of January last, in relation to the claim of the owners of the brig General Armstrong against the Government of Portugal.*

JAMES K. POLK.

WASHINGTON, December 19, 1845. To the House of Representatives:

I communicate to the House of Representatives, in reply to their resolution of the 25th of February last, a report from the Secretary of State, together with the correspondence of George W. Slacum, late consul of the United States at Rio de Janeiro, with the Department of State, relating to the African slave trade.

JAMES K. POLK.

WASHINGTON, December 22, 1845. To the Congress of the United States:

I transmit to Congress a communication from the Secretary of State, with a statement of the expenditures from the appropriation made by the act entitled “An act providing the means of future intercourse between the United States and the Government of China," approved the 3d of March, 1843

JAMES K. POLK.

WASHINGTON, January 3, 1846. To the Senate of the United States:

I transmit to the Senate a report of the Secretary of the Navy, communicating the information called for by their resolution of the 18th of December, 1845, in relation to the number of agents now employed for the preservation of timber, their salaries, the authority of law under which they are paid, and the allowances of every description made within the last twenty years in the settlement of the accounts of said agents.”

JAMES K. POLK.

WASHINGTON, January 6, 1846. To the Senate of the United States:

I communicate to the Senate the information called for by their resolution of December 31, 1845, "requesting the President to cause to be communicated to the Senate copies of the correspondence between the Attorney-General and the Solicitor of the Treasury and the judicial officers of Florida in relation to the authority of the Territorial judges as Federal judges since the 3d of March, 1845."

* For failing to protect the American armed brig General Armstrong, while lying in the port of Fayal, Azores, from attack by British armed ships on September 26, 1814.

JAMES K. POLK.

WASHINGTON, January 12, 1846. To the Senate of the United States:

I nominate the persons named in the accompanying list* 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, January 8, 1846. The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor respectfully to propose for your approbation the annexed list* of officers for promotion and persons for appointment in the Army of the United States. I am, sir, with great respect, your obedient servant,

W. L. MARCY.

ADJUTANT-GENERAL'S OFFICE, Hon. W. L. MARCY,

Washington, January 8, 1846. Secretary of War. SIR: I respectfully submit the accompanying list of promotions and appointments to fill the vacancies in the Army which are known to have happened since the date of the last list, December 12, 1845. The promotions are all regular except that of Captain Martin Scott, Fifth Infantry, whose name, agreeably to the decision of the President and your instructions, is submitted to fill the vacancy of major in the First Regiment of Infantry (vice Dearborn, promoted), over the two senior captains of infantry, Captain John B. Clark, of the Third Regiment, and Brevet Major Thomas Noel, of the Sixth. The reasons for this departure from the ordinary course (as in other like cases of disability) are set forth in the Adjutant-General's report of the 27th ultimo and the General in Chief's indorsement thereon, of which copies are herewith respectfully annexed, marked A. I am, sir, with great respect, your obedient servant,

R. JONES, Adjutant-General.

A.

ADJUTANT-GENERAL'S OFFICE, Major-General WINFIELD SCOTT,

Washington, December 27, 1845. Commanding the Army. Sir: The death of Lieutenant-Colonel Hoffman, Seventh Infantry, on the 26th ultimo, having caused a vacancy in the grade of major, to which, under the rule, Captain J. B. Clark, Third Infantry, would be entitled to succeed, I deem it proper to submit the following statement, extracted from the official returns of his regiment, touching his physical capacity for the performance of military duty.

In May, 1836, Captain Clark went on the recruiting service, where he remained till October 4, 1838, when he was granted a three months' leave. He joined his company at Fort Towson in May, 1839, and continued with it from that time till March, 1841, accompanying it meanwhile (October, 1840) to Florida. He obtained a three months' leave on surgeon's certificate of ill health March 23, 1841, but did not rejoin till February 16, 1842. In the interim he was placed on duty for a short cime as a member of a general court-martial, which happened to be convened at St. Louis, where he was then staying. He remained with his company from February to November, 1842, when he again received a leave for the benefit of his health, and did not return to duty till April 26, 1843 (after his regiment had been ordered to Florida), when he rejoined it at Jefferson Barracks. He continued with it (with the exception of one short leave) from April, 1843, till June, 1845, but the returns show him to have been frequently on the sick report during that period. On the ad of June, 1845, his company being then encamped near Fort Jessup in expectation of orders for Texas, he again procured a leave on account of his health, and has not since been able to rejoin, reporting monthly that his health unfitted him for the performance of duty. The signature of his last report (not written by himself), of November 30 (herewith *), would seem to indicate great physical derangement or decrepitude, approaching, perhaps, to paralysis.

* Omitted.

From the foregoing it appears that during the last seven years (since October, 1838) Captain Clark has been off duty two years and four months, the greater part of the time on account of sickness, and that even when present with his company his health is so much impaired that very often he is unable to perform the ordinary garrison duties.

Under these circumstances it is respectfully submitted, for the consideration of the proper authority, whether the senior captain of infantry should not be passed over and (as Brevet Major Noel,t the next in rank, is utterly disqualified) Captain Martin Scott, of the Fifth Infantry, promoted to the vacant majority.

It is proper to state that Captain Clark has always been regarded as a perfect gentleman, and as such, as far as I know, is equal to any officer in the Army. I am, sir, most respectfully, your obedient servant,

R. JONES, Adjutant-General.

(Remarks indorsed on the foregoing report by the General in Chief.)

DECEMBER 30, 1845. This report presents grave points for consideration. It is highly improbable that the Captain will ever be fit for the active duties of his profession. The question, therefore, seems to be whether he shall be a pensioner on full pay as captain or as major, for he has long been, not in name, but in fact, a pensioner on full pay. We have no half pay in the Army to relieve marching regiments of crippled and superannuated officers. We have many sach-Colonel Maury, of the Third Infantry (superannuated), and Majors Cobb and McClintock, Fifth Infantry and Third Artillery (crippled). Many others are fast becoming superannuated. The three named are on indefinite leaves of absence, and so are Majors Searle and Noel, permanent cripples from wounds. General Cass's resolution of yesterday refers simply to age. A half pay or retired list with half pay would be much better. There are some twenty officers who ought at once to be placed on such list and their places filled by promotion.

Upon the whole, I think it best that Captain M. Scott should be promoted, vice Dearborn, vice Lieutenant-Colonel Hoffman. Respectfully submitted to the Secretary of War.

WINHIELD SCOTT. *Omitted.

In 1839 Brevet Major Noel, Sixth Infantry, was severely wounded (serving in the Florida War at the time) by the accidental discharge of his own pistol. He left his company February 16, 1839, and has ever since been absent from his regiment, the state of his wound and great suffering sendering him utterly incapable of performing any kind of duty whatever; nor is there any reason to hope he will ever be able to resume his duties.

R. JONES, Adjutant-General

JANUARY 8, 1846. It appearing from the within statements of the Commanding General and the Adjutant-General that the two officers proposed to be passed over are physically unable to perform the duties of major, and their inability is not temporary, I recommend that Captain Maitin Scott be promoted to the vacant majority 3d January, 1846.

W. L. MARCY.

WASHINGTON, January 13, 1846. To the Senate of the United States:

I transmit to the Senate a report of the Secretary of War, with accompanying papers, showing the measures which have been adopted in relation to the transfer of certain stocks between the Chickasaw and Choctaw Indians under the treaty between those tribes of the 24th March, 1837. The claim presented by the Choctaw General Council, if deemed to be founded in equity, can not be adjusted without the previous advice and consent of the Senate.

JAMES K. POLK.

WASHINGTON, January 20, 1846. To the Senate of the United States:

On the 15th of January, 1846, I withdrew the nomination of James H. Tate, of Mississippi, as consul at Buenos Ayres.. The withdrawal was made upon the receipt on that day of a letter addressed to me by the Senators from the State of Mississippi advising it. I transmit their letter herewith to the Senate. At that time I had not been furnished with a copy of the Executive Journal of the Senate, and had no knowledge of the pendency of the resolution before that body in executive session in relation to this nomination. Having since been furnished by the Secretary of the Senate with a copy of the Executive Journal containing the resolution referred to, I deem it proper and due to the Senate to reinstate the nomination in the condition in which it was before it was withdrawn. And with that view I nominate James H. Tate, of Mississippi, to be consul at Buenos Ayres.

JAMES K. POLK.

WASHINGTON, January 28, 1846. To the Senate of the United States:

I herewith communicate to the Senate, for its consideration with regard to its ratification, a treaty of commerce and navigation between the United States and the Kingdom of the Two Sicilies, concluded and signed on the ist day of December last at Naples by the chargé d'affaires of the United States with the plenipotentiaries of His Majesty the King of the Kingdom of the Two Sicilies.

And I communicate at the same time portions of the correspondence (so far as it has been received) in explanation of the treaty.

JAMES K. POLK.

WASHINGTON, February 3, 1846. To the Senate of the United States:

I herewith communicate to the Senate, for its consideration in refer ence to its ratification, a treaty of commerce and navigation between the United States and Belgium, concluded and signed on the roth November last at Brussels by the chargé d'affaires of the United States with the minister of foreign affairs of His Majesty the King of the Belgians.

And I communicate at the same time the correspondence and other papers in explanation of the treaty,

JAMES K. POLK.

WASHINGTON, February 5, 1846. To the Senate of the United States:

In pursuance with the request of the Senate in their resolution of the 4th instant, I “return” herewith,“for their further action, the resolution advising and consenting to the appointment of Isaac H. Wright as navy agent at Boston.” It will be observed that the resolution of the Senate herewith returned contains the advice and consent of that body to the appointment of several other persons to other offices not embraced in their resolution of the 4th instant, and it being impossible to comply with the request of the Senate without communicating to them the whole resolution, I respectfully request that so far as it relates to the other cases than that of Mr. Wright it may be returned to me.

JAMES K. POLK.

WASHINGTON, February 7, 1846. To the Senate of the United States:

In compliance with the request of the Senate in their resolution of the 29th January last, I herewith communicate a report from the Secretary of State, with the accompanying correspondence, which has taken place between the Secretary of State and the minister of the United States at London and between the Government of the United States and that of England on the “subject of Oregon” since my communication of the 2d of December last was made to Congress.

JAMES K. POLK.

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WASHINGTON, February 7, 1846. To the House of Representatives of the United States:

In compliance with the request of the House of Representatives in their resolution of the 3d instant, I herewith communicate a report from the Secretary of State, with the accompanying "correspondence, which has taken place" between the Secretary of State and the minister of the United States at London and “between the Government of Great Britain and this Government in relation to the country west of the Rocky Mountains since the last annual message of the President” to Congress.

JAMES K. POLK.

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