Part 18

I herewith communicate to the Senate, for its consideration, a convention signed on the 2d day of May, 1846, by the minister of the United States at Berlin with the plenipotentiary of Hesse-Cassel, for the mutual abolition of the droit d'aubaine and duties on emigration between that German State and the United States; and I communicate with the convention an explanatory dispatch of the minister of the United States dated on the same day of the present year and numbered 284.

JAMES K. POLK.

WASHINGTON, June 8, 1846.

To the Senate of the United States:

I communicate herewith a report from the Secretary of War, transmitting the correspondence called for by the resolution of the Senate of the 5th instant with General Edmund P. Gaines and General Winfield Scott, of the Army of the United States.

The report of the Secretary of War and the accompanying correspondence with General Gaines contain all the information in my possession in relation to calls for "volunteers or militia into the service of the United States" "by any officer of the Army" without legal "authority therefor," and of the "measures which have been adopted" "in relation to such officer or troops so called into service."

In addition to the information contained in the report of the Secretary of War and the accompanying correspondence with "Major-General Scott, of the United States Army, upon the subject of his taking the command of the army of occupation on the frontier of Texas," I state that on the same day on which I approved and signed the act of the 13th of May, 1846, entitled "An act providing for the prosecution of the existing war between the United States and the Republic of Mexico," I communicated to General Scott, through the Secretary of War, and also in a personal interview with that officer, my desire that he should take command of the Army on the Rio Grande and of the volunteer forces which I informed him it was my intention forthwith to call out to march to that frontier to be employed in the prosecution of the war against Mexico. The tender of the command to General Scott was voluntary on my part, and was made without any request or intimation on the subject from him. It was made in consideration of his rank as Commander in Chief of the Army. My communications with General Scott assigning him the command were verbal, first through the Secretary of War and afterwards in person. No written order was deemed to be necessary. General Scott assented to assume the command, and on the following day I had another interview with him and the Secretary of War, in relation to the number and apportionment among the several States of the volunteer forces to be called out for immediate service, the forces which were to be organized and held in readiness subject to a future call should it become necessary, and other military preparations and movements to be made with a view to the vigorous prosecution of the war. It was distinctly settled, and was well understood by General Scott, that he was to command the Army in the war against Mexico, and so continued to be settled and understood without any other intention on my part until the Secretary of War submitted to me the letter of General Scott addressed to him under date of the 21st of May, 1846, a copy of which is herewith communicated. The character of that letter made it proper, in my judgment, to change my determination in regard to the command of the Army, and the Secretary of War, by my direction, in his letter of the 25th of May, 1846, a copy of which is also herewith communicated, for the reasons therein assigned, informed General Scott that he was relieved from the command of the Army destined to prosecute the war against Mexico, and that he would remain in the discharge of his duties at Washington. The command of the Army on the frontier of Mexico has since been assigned to General Taylor, with his brevet rank of major-general recently conferred upon him.

JAMES K. POLK.

WASHINGTON, June 10, 1846.

To the Senate of the United States:

I lay before the Senate a proposal, in the form of a convention, presented to the Secretary of State on the 6th instant by the envoy extraordinary and minister plenipotentiary of Her Britannic Majesty, for the adjustment of the Oregon question, together with a protocol of this proceeding. I submit this proposal to the consideration of the Senate, and request their advice as to the action which in their judgment it may be proper to take in reference to it.

In the early periods of the Government the opinion and advice of the Senate were often taken in advance upon important questions of our foreign policy. General Washington repeatedly consulted the Senate and asked their previous advice upon pending negotiations with foreign powers, and the Senate in every instance responded to his call by giving their advice, to which he always conformed his action. This practice, though rarely resorted to in later times, was, in my judgment, eminently wise, and may on occasions of great importance be properly revived. The Senate are a branch of the treaty-making power, and by consulting them in advance of his own action upon important measures of foreign policy which may ultimately come before them for their consideration the President secures harmony of action between that body and himself. The Senate are, moreover, a branch of the war-making power, and it may be eminently proper for the Executive to take the opinion and advice of that body in advance upon any great question which may involve in its decision the issue of peace or war. On the present occasion the magnitude of the subject would induce me under any circumstances to desire the previous advice of the Senate, and that desire is increased by the recent debates and proceedings in Congress, which render it, in my judgment, not only respectful to the Senate, but necessary and proper, if not indispensable to insure harmonious action between that body and the Executive. In conferring on the Executive the authority to give the notice for the abrogation of the convention of 1827 the Senate acted publicly so large a part that a decision on the proposal now made by the British Government, without a definite knowledge of the views of that body in reference to it, might render the question still more complicated and difficult of adjustment. For these reasons I invite the consideration of the Senate to the proposal of the British Government for the settlement of the Oregon question, and ask their advice on the subject.

My opinions and my action on the Oregon question were fully made known to Congress in my annual message of the 2d of December last, and the opinions therein expressed remain unchanged.

Should the Senate, by the constitutional majority required for the ratification of treaties, advise the acceptance of this proposition, or advise it with such modifications as they may upon full deliberation deem proper, I shall conform my action to their advice. Should the Senate, however, decline by such constitutional majority to give such advice or to express an opinion on the subject, I shall consider it my duty to reject the offer.

I also communicate herewith an extract from a dispatch of the Secretary of State to the minister of the United States at London under date of the 28th of April last, directing him, in accordance with the joint resolution of Congress "concerning the Oregon Territory," to deliver the notice to the British Government for the abrogation of the convention of the 6th of August, 1827, and also a copy of the notice transmitted to him for that purpose, together with extracts from a dispatch of that minister to the Secretary of State bearing date on the 18th day of May last.

JAMES K. POLK.

WASHINGTON, June 11, 1846.

To the Senate of the United States:

I transmit herewith a communication from the Secretary of War, which is accompanied by documents relating to General Gaines's calls for volunteers, received since the answer was made to the resolution of the Senate of the 5th instant on that subject, and which I deem it proper to submit for the further information of the Senate.

JAMES K. POLK.

WASHINGTON, June 12, 1846.

To the Senate and House of Representatives:

I transmit herewith for the information of Congress, official reports received at the War Department from the officer commanding the Army on the Mexican frontier, giving a detailed report of the operations of the Army in that quarter, and particularly of the recent engagements between the American and Mexican forces.

JAMES K. POLK.

WASHINGTON, June 15, 1846.

To the Senate of the United States:

I transmit herewith a communication from the Secretary of War, accompanied by a report of an expedition led by Lieutenant Abert on the Upper Arkansas and through the country of the Camanche Indians in the fall of the year 1845, as requested by the resolution of the Senate of the 9th instant.

JAMES K. POLK.