On February 9, 1848, General Scott addressed what seems to have been his last note to the War Department as commander in chief of the army of Mexico. It is brief. He adverted to the fact of his not receiving any communication from the War Department or adjutant general's office, and says: "But slips from newspapers and letters from Washington have come to interested parties here, representing, I learn, that the President has determined to place me before a court for daring to enforce necessary discipline in this army against certain of its high officers. I make only a passing comment upon these unofficial announcements, learning with pleasure, through the same sources, that I am to be superseded by Major-General William O. Butler." The admirable recommendation in regard to the draft was adopted and carried out, and the money applied to the purchase of asylums for soldiers. There was not any general engagement of the armies after the capture of the City of Mexico. General Lane, always vigilant, kept his force in constant motion, pursuing, engaging, when possible, and dispersing the numerous predatory bands that infested his flanks and rear. The first efforts to agree upon a treaty of peace failed. Active operations were resumed, and so weakened Mexico that she was left no alternative but to make "peace such as her powerful and successful enemy might dictate." By the Constitution of Mexico the office of President in case of a vacancy devolved upon the president of the Supreme Court provisionally; but there was no president of the Supreme Court in September, 1847, the last incumbent having died, and no successor having been elected when Santa Anna resigned. Congress, whose duty it was to elect this officer, could only be convened by proclamation of the President, but, as is seen, there was no President. In this unfortunate state of affairs, the most influential of the _Moderado_ party, with the hope of preventing anarchy, then greatly threatened, if it had not already raised its head, and conclude terms of peace, prevailed upon Pena y Pena, an able and enlightened jurist, statesman, and patriot, and senior judge of the Supreme Court, to assume the provisional presidency. He was recognized by the State authorities, and pledges were given that they would uphold and defend it against all intriguers opposed to peace, through the non-existence of a government competent to make it. It was known that Pena was not averse to peace.