tion that the attention of the marshal of Massachusetts
was distinctly called to this provision of the law by a letter from
the Secretary of the Navy of the date of October 28 last. There is no
official information that the marshal has provided any such place for
the confinement of his prisoners. If he has not, it is to be regretted
that this power was not exercised by the marshal under the direction
of the district judge immediately on the passage of the act of the
legislature of Massachusetts of the 24th of March, 1843, and especially
that it was not exercised on the passage of the fugitive-slave law of
the last session, or when the attention of the marshal was afterwards
particularly drawn to it.

It is true that the escape from the deputy marshals in this case was not
owing to the want of a prison or place of confinement, but still it is
not easy to see how the prisoner could have been safely and conveniently
detained during an adjournment of the hearing for some days without such
place of confinement. If it shall appear that no such place has been
obtained, directions to the marshal will be given to lose no time in the
discharge of this duty.

I transmit to the Senate the copy of a proclamation issued by me on the
18th instant in relation to these unexpected and deplorable occurrences
in Boston, together with copies of instructions from the Departments of
War and Navy relative to the general subject. And I communicate also
copies of telegraphic dispatches transmitted from the Department of
State to the district attorney and marshal of the United States for
the district of Massachusetts and their answers thereto.

In regard to the last branch of the inquiry made by the resolution of
the Senate, I have to observe that the Constitution declares that "the
President shall take care that the laws be faithfully executed," and
that "he shall be Commander in Chief of the Army and Navy of the United
States, and of the militia of the several States when called into the
actual service of the United States," and that "Congress shall have
power to provide for calling forth the militia to execute the laws of
the Union, suppress insurrections, and repel invasions." From which it
appears that the Army and Navy are by the Constitution placed under the
control of the Executive; and probably no legislation of Congress could
add to or diminish the power thus given but by increasing or diminishing
or abolishing altogether the Army and