"The acts of violence committed during the past few days in obstructing the mail-trains and post-roads; the blocking of the interstate commerce; the open defiance and violation of the injunction of the United States Court; the assaults upon the Federal forces in the lawful discharge of their duties; the destruction, pillage, and looting of the inland commerce property belonging to citizens of the different States, and other acts of rebellion and lawlessness, have been of such a serious character that the duties of the military authorities are now clearly defined.
"The proclamation of the President, the commander-in-chief of the land and navy forces and the State militia when called into service, is understood by the military to be in the interests of humanity and to avoid the useless waste of life, if possible. It is an executive order for all law-abiding citizens to separate themselves from the law-breakers and those in actual hostility to the action of the United States Court and the laws of the National Government. He has defined the attitude of these law-breakers to be that of enemies of the government, and hence it is the duty of the military forces to aid the United States marshals to disperse, capture, or destroy all bodies of men obstructing the mail-routes and in actual hostility to the injunction of the United States Court and the laws of the United States.
"This does not change the relations of the Federal officials with those of the local authority, as it is expected that the State and municipal governments will maintain peace and good order within the territory of their jurisdiction. Should they fail or be overpowered, the military forces will assist them, but not to the extent of leaving unprotected property belonging to or under the protection of the United States.
"The officer in the immediate command of troops must be the judge as to what use to make of the forces of his command in executing his orders, and in case serious action be required and there be time, he will communicate with his next superior for his instructions.
"The earnest efforts of the law-abiding citizens have done much to improve the condition of affairs during the last few days, and I earnestly request all law-abiding citizens to do whatever is possible to assist in maintaining the civil government and the authority of the municipal, State, and Federal governments in preserving peace and good order.
"By command of Major-General Miles:
"J. P. Martin, Assistant Adjutant-General."
"(General Orders, No. 23)
"Headquarters of the Army, Adjutant-General's Office, Washington,
July 9, 1864.
"The following instructions are published for the government of
the army:
"A mob forcibly resisting or obstructing the execution of the laws of the United States, or attempting to destroy property belonging to or under the protection of the United States, is a public enemy.
"Troops called into action against such a mob are governed by the general regulations of the army and military tactics in respect to the manner in which they shall act to accomplish the desired end. It is purely a tactical question in what manner they shall use the weapons with which they are armed—whether by the fire of musketry and artillery, or by the use of the bayonet and saber, or by both, and at what stage of the operations each or either mode of attack shall be employed.
"This tactical question must necessarily be decided by the immediate commander of the troops, according to his best judgment of the situation and the authorized drill regulations.