| Main text |
Most Humble Report!
From the Militia Commander a complaint was receiver from attorney Hans Holtermann serving in Christianstad’s Citizen Militia dated the 6th of July last pertaining to Captain Todd and his declaration of the 10th of the previous month, on which occasion I ordered commencement of interrogation and court martial for the aforesaid Holtermann according to the statutes. On the 4th day following the session, the judgment of the court martial was as follows:
"Attorney Holtermann has transgressed the following section of the the Militia article 8th which states: “Any citizen of these islands who in a lawfull manner has been fined 4 times in a row for absention from the exercises specified in article 7 or who has transgressed by absention 8 time in the course of 12 months shall, besides the usual fines, by a court martial be judged to have violated his citizenship, which transgression, as Mr. Holtermann is, at present, a citizen, and as attorney must be considered a civil servant in His Majesty’s service, must according to the requirements of the aforesaid article, immediately be reported to the supreme commander.” –
Despite the fact that, according to the Militia Law, it is doubtful if, in such cases, an appeal can take place, I did inform him that akin to the Court Martial Instruction’s 31st and the Militia Law’s 21st paragraph, he could, if he so wished, within 6 weeks from the rendering of the judgment receive a review from a superior court martial, whereafter Holtermann, on the last day before the due date, filed for an appeal. A superior Court Martial, presided over by the Vice Governor General, in my stead, was then seated and held, and, as the Vice Governor General found it suitable to yield his seat, concluded with Lieutenant Colonel Castionier presiding, and judgment was rendered concerning the case’s 4th item in concurrence with the Ccourt martial’s previous judgment; upon this, Holtermann, on the record, protested againt the content of the referenced article 8, of the Militia Law, as the power granted to the Governor by His Majesty is excecutive, but not legislative or judicial, and the Militia Law, to the extent it is known, has not been confirmed by the King, and reserved the right to make presentation there about, which he delivered dated the 23rd of October and which herewith most humbly is forwarded.
The often cited article of the Militia Law states that when a person who is not a citizen transgresses by |