To the Senate of the United States:

I propose, for the reason stated in the accompanying communication of the Secretary of War, that the confirmation of Brevet Second Lieutenant L. B. Wood by the Senate on the 5th of February, as a second lieutenant in the Fifth Regiment of Infantry, be canceled; and I nominate the officers named in the same communication for regular promotion in the Army.

JAMES K. POLK.

WAR DEPARTMENT, May 15, 1846 .

The PRESIDENT OF THE UNITED STATES.

SIR: On the 12th of December last a list of promotions and appointments of officers of the Army was submitted to the Senate for confirmation, in which list Brevet Second Lieutenant L. B. Wood, of the Eighth Infantry, was nominated to the grade of second lieutenant in the Fifth Regiment of Infantry, vice Second Lieutenant Deas, promoted. He was entitled to this vacancy by seniority , but in a letter dated November 30, 1845, and received at the Adjutant-General's Office December 30, 1845 (eighteen days after the list referred to above had been sent to the Senate), he says: "I respectfully beg leave to be permitted to decline promotion in any other regiment, and to fill the first vacancy which may happen in the Eighth." This request was acceded to, and accordingly, on the first subsequent list submitted to the Senate, dated January 8, 1846, Brevet Second Lieutenant Charles S. Hamilton, of the Second Infantry (the next below Lieutenant Wood), was nominated to fill the vacancy in the Fifth Regiment and Lieutenant Wood to a vacancy which has occurred meanwhile (December 31) in the Eighth .

The foregoing circumstances were explained in a note to the nomination list of January 8, but it is probable the explanation escaped observation in the Senate, as on the 5th of February Lieutenant Wood was confirmed in the Fifth Infantry, agreeably to the first nomination, while no action appears to have been taken on his nomination or that of Lieutenant Hamilton on the subsequent list of January 8, 1846.

As no commissions have yet been issued to these officers, and as Lieutenant Wood has renewed his application to be continued in the Eighth Infantry, I respectfully suggest that the Senate be requested to cancel their confirmation, on the 5th of February, of his promotion as a second lieutenant in the Fifth Regiment of Infantry; and I have the honor to propose the renomination of the lieutenants whose names are annexed for regular promotion, to wit:

Fifth Regiment of Infantry.

Brevet Second Lieutenant Charles S. Hamilton, of the Second Regiment of Infantry, to be second lieutenant, November 17, 1846, vice Deas, promoted.

Eighth Regiment of Infantry.

Brevet Second Lieutenant Lafayette B. Wood to be second lieutenant, December 31, 1846, vice Maclay, promoted.

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

W. L. MARCY.