JAMES K. POLK.

WASHINGTON, May 12, 1846.

To the Senate and House of Representatives: 

I herewith transmit to Congress a copy of a communication[7] from the officer commanding the Army in Texas, with the papers which accompanied it.  They were received by the Southern mail of yesterday, some hours after my message of that date had been transmitted, and are of a prior date to one of the communications from the same officer which accompanied that message.

JAMES K. POLK.

[Footnote 7:  Relating to the operations of the Army near Matamoras, Mexico.]

WASHINGTON, May 19, 1846.

To the Senate of the United States: 

I transmit herewith a report from the Secretary of War, in answer to a resolution of the Senate of the 4th of December last, which contains the information called for “with respect to the practicability and utility of a fort or forts on Ship Island, on the coast of Mississippi, with a view to the protection of said coast.”

JAMES K. POLK.

WASHINGTON, May 26, 1846.

To the Senate of the United States: 

A convention was concluded at Lima on 17th March, 1841, between the United States and the Republic of Peru, for the adjustment of claims of our citizens upon that Republic.  It was stipulated by the seventh article of this convention that “it shall be ratified by the contracting parties, and the ratifications shall be exchanged within two years from its date, or sooner if possible, after having been approved by the President and Senate of the United States and by the Congress of Peru.”

This convention was transmitted by the President to the Senate for their consideration during the extra session of 1841, but it did not receive their approbation until the 5th January, 1843.  This delay rendered it impracticable that the convention should reach Lima before the 17th March, 1843, the last day when the ratifications could be exchanged under the terms of its seventh article.  The Senate therefore extended the time for this purpose until the 20th December, 1843.

In the meantime, previous to the 17th March, 1843, General Menendez, the constitutional President of Peru, had ratified the convention, declaring, however, in the act of ratification itself (which is without date), that “the present convention and ratification are to be submitted within the time stipulated in the seventh article for the final approbation of the National Congress.”  This was, however, rendered impossible from the fact that no Peruvian Congress assembled from the date of the convention until the year 1845.

When the convention arrived at Lima General Menendez had been deposed by a revolution, and General Vivanco had placed himself at the head of the Government.  On the 16th July, 1843, the convention was ratified by him in absolute terms without the reference to Congress which the constitution of Peru requires, because, as the ratification states, “under existing circumstances the Government exercises the legislative powers demanded by the necessities of the State.”  The ratifications were accordingly exchanged at Lima on the 22d July, 1843, and the convention itself was proclaimed at Washington by the President on the 21st day of February, 1844.