ing to the difference between the militia
and the Regular Army, by the act of March 3, 1807, authorized the
President to use the land and naval forces of the United States for the
same purposes for which he might call forth the militia, and subject
to the same proclamation. But the power of the President under the
Constitution, as Commander of the Army and Navy, is general, and his
duty to see the laws faithfully executed is general and positive; and
the act of 1807 ought not to be construed as evincing any disposition in
Congress to limit or restrain this constitutional authority. For greater
certainty, however, it may be well that Congress should modify or
explain this act in regard to its provisions for the employment of the
Army and Navy of the United States, as well as that in regard to calling
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_:

I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States and the Mexican
Republic for the protec