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%)
page 193 of 357 (54%)
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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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