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A Compilation of the Messages and Papers of the Presidents - Volume 5, part 1: Presidents Taylor and Fillmore by James D. (James Daniel) Richardson
page 193 of 357 (54%)
forth the militia. It is supposed not to be doubtful that all citizens,
whether enrolled in the militia or not, may be summoned as members of
the _posse comitatus_, either by the marshal or a commissioner
according to law, and that it is their duty to obey such summons. But
perhaps it may be doubted whether the marshal or a commissioner can
summon as the _posse comitatus_ an organized militia force, acting
under its own appropriate officers, without the consent of such
officers. This point may deserve the consideration of Congress.

I use this occasion to repeat the assurance that so far as depends on me
the laws shall be faithfully executed and all forcible opposition to
them suppressed; and to this end I am prepared to exercise, whenever
it may become necessary, the power constitutionally vested in me to
the fullest extent. I am fully persuaded that the great majority of
the people of this country are warmly and strongly attached to the
Constitution, the preservation of the Union, the just support of the
Government, and the maintenance of the authority of law. I am persuaded
that their earnest wishes and the line of my constitutional duty
entirely concur, and I doubt not firmness, moderation, and prudence,
strengthened and animated by the general opinion of the people, will
prevent the repetition of occurrences disturbing the public peace and
reprobated by all good men.

MILLARD FILLMORE



WASHINGTON, _February 25, 1851_.

_To the Senate of the United States_:
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