Navy. But not so with the militia.
The President can not call the militia into service, even to execute the
laws or repel invasions, but by the authority of acts of Congress passed
for that purpose. But when the militia are called into service in the
manner prescribed by law, then the Constitution itself gives the command
to the President. Acting on this principle, Congress, by the act of
February 28, 1795, authorized the President to call forth the militia to
repel invasion and "suppress insurrections against a State government,
and to suppress combinations against the laws of the United States, and
cause the laws to be faithfully executed." But the act proceeds to
declare that whenever it may be necessary, in the judgment of the
President, to use the military force thereby directed to be called
forth, the President shall forthwith, by proclamation, command such
insurgents to disperse and retire peaceably to their respective abodes
within a limited time. These words are broad enough to require a
proclamation in all cases where militia are called out under that act,
whether to repel invasion or suppress an insurrection or to aid in
executing the laws. This section has consequently created some doubt
whether the militia could be called forth to aid in executing the laws
without a previous proclamation. But yet the proclamation seems to be in
words directed only against insurgents, and to require them to disperse,
thereby implying not only an insurrection, but an organized, or at least
an embodied, force. Such a proclamation in aid of the civil authority
would often defeat the whole object by giving such notice to persons
intended to be arrested that they would be enabled to fly or secrete
themselves. The force may be wanted sometimes to make the arrest, and
also sometimes to protect the officer after it is made, and to prevent
a rescue. I would therefore suggest that this section be modified by
declaring that nothing therein contained shall be construed to require
any previous proclamation when the militia are called forth, either to
repel invasion, to execute the laws, or suppress combinations against
them, and that the President may make such call and place such militia
under the control of any civil officer of the United States to aid him
in executing the laws or suppressing such combinations; and while so
employed they shall be paid by and subsisted at the expense of the
United States.

Congress, not probably advert