The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1863-06-20

Mdrtadl Ldp.-l estefdSy morning Nap9les n
Barks and John s. Hammond, two OF the
Provost Marshal CaSectivss, wore beforn tlaa
Mayor 10 answer the charge Of assaultin2 MI
chael Walls, contrary to law. The fects iu
tho case are these: Udder order Of the Pro-
vost Marshal, the dstestiyss ara required to
ssizs all ardent spirits bro1ght 10 the city with
out written permission OF the Mars5& On
the morning IN question thssa detectives asosr,
tanned that Walls had received .hyse barrels
Of liquor, and sugpec,ing ii 10 be eoatraean3, J,
repaired TO his store to seiza il. When about
TO ssizs the liquor foand in Malies houss Al
ssiterca.ian sprAng up between w. and Ham
mond, w giving II. the lie. II. Immediately
seized w. and took him eff to the Provost
Marshal, Burke merely preventing Mrs w.
from Interfering In the arrest Of her husband.
As these officsra hold their commissions Ga
Confederate detectives, and claim TO act ua9er
martial law, tue Mayor contends .ha: martial
law is unconstitutional, and that there fcrs
their acts are illegal, and the arrset made by
them no lass than assault and bat'ery,"' Tor
which they are sal,)sct to indictment by the
Grand Jury.
P.H Ayle.t, Esq, C. s. District Attorney,
appeared in Court, at the invitation of tho
Mayor bnt declined submitting any argument
on the Constitu.icnalty Of " Martial Law = be-
fore that Court The parties were arraignad
for assault and battery, AMI ii they shOuid bs
sent ON to a higher Court tho question might
there be arga.d bat. with all his respect for
the M ~ OF, he did os dean 1t essential to die.
crss before him the right of the Commander
in Chief of the Arny and Navy, in war times
ike these to cxe4cine marital law. Military
iaw, his Honor knew, was right and proper.
1t wa5 clearly laid down in the law books, and
i,s conssitatiohaiity could not be QUE STONED
Not 30 with martial law. No clausc in ths
Constitution prescribed it, no book laid it
| down as law, aad ye; it has baea exercised
| be exercised in war times CustoM has given
the Commander in Chief the right, which las
| been exercised under peculiar circumstances.
The Mayor desired to zee the law under
| which this power wss exercised lie wished
| to BE- informed as to its legality.
M. Aylsts declined offering any argument
| or authorities, but centented hiIneeif with
| reading the commissions Of the parties charged
and the orders under which the Provost Mar.
| shai and kis detectives seized liquors AID psr.
! sons.
| The Mayor had hoped that all the light il,
| the power of the Government would havs
| been afforded, ba. it had decided otherwise,
| and he must submit Cases Of similar import
| are obliged to ayiss here and jf the Govern
| the best lights bators him. He could eos no
reason for the declaration Of martin! law. and
| he denied the power OK any official however
| high, TO carry In his breast law which woaId
! override the Constitution, set aside the psivi
| legs Of h0beas corpus, and deprive private
citizens Of their rights TO trial ~ jury. Thsfe
| was no such authority In the Consultation -
No man cou!d uptura the Conssitu:icn ard the
| laws Of the State by proclamation. No man
| under the tenth section Of the Bill Of Rsghts
had the right to enter anothsr'a house and
/, drag him thoSefrom without frat obtaining Q
warrant lie was glad 10 hear that the case
| II sent on, would be fully argued In another