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The Daily Dispatch: June 20, 1863., [Electronic resource], Significant. (search)
these officers hold their commissions as Confederate detectives, and claim to act under martial law, the Mayor contends that martial law is unconstitutional, and that therefore their acts are illegal, and the arrest made by them no less than "assault and battery, " for which they are subject to indictment by the Grand Jury. P. H. Aylett, Esq., C. S. District Attorney, appeared in Court, at the invitation of the Mayor, but declined submitting any argument on the constitutionality of "Martial Law" before that Court. The parties were arraigned for assault and battery, and if they should be sent on to a higher Court the question might there be argued; but, with all his respect for the Mayor, he did not deem it essential to discuss before him the right of the Commander in Chief of the Army and Navy, in war times like these, to exercise martial law. Military law, his Honor knew, was right and proper. It was clearly laid down in the law books, and its constitutionality could not be q