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the 22nd of December 1788, repatriated, which can be seen in Chamber Circular dated the 8th of June, 1789, and this law plus its appendix dated the 29th of November 1802, have, since their publication, been steadily followed and judgments rendered according thereto, without any objections against the same ever having occurred; concerning general von Walterstorff’s authority as Commanding General to establish the appendix there can, in actuality, not be any doubt in as much as, in this portion of his actions as head of the Government Commission, he has given Your Majesty sound counsel and information. Lieutenant General von Oxholm has sent home, to Your Majesty, his militia law under cover dated the 2nd of February, same year, but he has, however, not had it officially publizised. This objection, however, Holtermann has himself dropped as the article concerning his case is included in Lieutenant General von Oxholm’s appendix dated the 29th of November 1802, which is officially publizised and as the referenced latest Militia Law, on the whole, has made no significant changes in the previous ones.
Holtermann further claims that the Governor General has no authority to take provisional measures; however, such authority is a natural consequence of the nature of the case for were it not so, the Governor General could not even put the place on a war footing or effectively mobilize except in the case of “danger in delay” and society would automatically perish if orders were to be procured from a distance of 6600 miles, [Translator’s note:1500 Danish “Mil” equal about 6600 US Miles] and furthermore, every Government Circular, of which many are publizised, and at important times, and with provisions for severe punishments constitute provisional measures, a process of which neither Your Majesty nor your ancestors in government have disapproved, but have in fact confirmed same when the measure was suitable and have thereby placed the authority of the Governor General to take provisional measures beyond all doubt, from which follows the competency to create a Militia Law and when seen in the context of the Governor General’s Instructions paragraphs 5 & 6, the duty of each inhabitant to obey same.-
In the Proclamation of the 19th of October, 1814, by which Lieutenant General von Oxholm was installed, there may be found in the passage: “for it is Our choice and command [unreadable]” sufficient basis for him to author, as a provisional measure, a militia law; additionally, however, in its 4th paragraph, the Government Instruction expressly gives him such authority, and it must then certainly also accrue to the Governor General when those matters he is soley to settle. Concerning the ordinances dated the 22nd of October 1756 and the 19th of October 1759, then, the first more likely shows that the King intends to invest the Governor with the power to issue certain appropriations when there is “danger in delay” than the opposite, which Holtermann seeks to deduce there from, but both, however, apply to a special case and by sensible interpretation contain nothing by which to determine the nature of the authority of the Governor.- |