14
part of the whole parish or community. It contains A transia- twenty-eight clauses in Platt Deutsch,'
may
be
tion into German was made at a later period. It was first confirmed on the 8th September, 1626; and, frequently, again, ex. gr., in 1695, together with the strand privilege. These confirmations, however, were applied for and obtained not so much to ensure the validity of the new laws, as to provide against encroachments from above. These Beliebungen relate to the fisheries, salvage, the rights of citizen- ship, the pasture of cattle, and so forth. Count Von der Decken makes mention, also, of regulations respecting fortifications, and is of opinion that there are other Civil regulations. still existing in Heligoland, which have, probably, a Cimbrian origin, Bút I am not aware what regulations there of that description, nor where to find them.
"At a later period 'the Landvogt and Honour- able Council' made regulations touching the pas- ture of cattle, &c., threatening that every person rebelling against such regulations should be sad- gled with the maintenance of two foot-soldiers. In the year 1671 the Landvogt and Councillors to be issued a regulation touching the course followed in some cases of stranding; the Com- mandant, Council, and Wardamen, made another regulation respecting the cruizing of pilots; and later still, further rules for the government of pilots were promulgated and carried into effect by local authority. Under the British rule, especially, general regulations have, from time to time, been issued, with the express approval of Lieutenant- Governor King.
"It is in that way that much might now be done. Indeed, it is the course which must be followed, if
an end is to be assigned to a state of things which has, probably, no parallel in the whole civilized world. Every English Colony has its Legislative corporation. Heligoland, alone, stands enveloped in complete confusion. The most important object to be attained should be to create the necessary superior authori- tics. At an earlier period England might have taken advantage of its relations with Hanover in order to establish a Superior Court for the Heligo- landers in Stade or Harburg; and something of
~
15
that sort might, perhaps, be carried out now. Why not even revert to the old arrangements? Ham- burgh or Altona might suit the islanders best. At all events the present state of things cannot continue. It is such a state of wild disorder that its continuance only becomes comprehensible by considering the small importance of the island in time of peace, and its peculiar relations beyond sea.. It is as if the little island had been lost sight of by colossal England, It is said that when a man-of- war was ordered to the island, no one on board knew to which point of the compass the ship should be steered. Surely it behoves a great nation not to allow the small branch which has been unjustly torn from its trunk to perish for want of being duly looked to. It may be natural that the post of Governor should be considered as a resting place for an old warrior; but it is a crying shame that the Governor's clerk * and assistant, salaried as he is by the public, should not possess the necessary know- ledge of languages and of law, and that competent provision has not been made for all the ordinary concerns of a community of men.
"Many people are of opinion that the legal con- dition of the island is so unsophisticated and clear, and that the individual relations of its inhabitants with each other constitute such a pattern of peaceful social life, that the most simple judicial institutions answer every purpose. But that opinion is founded in error and ignorance. The law of Heligoland is a hodge-podge, such as is not to be found in any other place in the world. We have to deal, not only with internal regulations and customs, but with Roman, Canonical, German, Danish, Schleswig- Holsteinish, English laws and ordinances; the com- plicated relation of which to each other must, at once, strike every one who considers the political changes through which the island has passed.
"The subordinate judges, too, are fishermen and mechanics, and the superior judge is a military man who understands neither the Greek, nur the Latin, nor the German, nor the Platt-Deutsch, nor the Danish languages, nor the idiom of Heligoland. Let
• The present Governor Pattinson's clerk is a German,
understands English.
and
PUBLIC RECORD OFFICE
Reference :-
TTTTT CO. 885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO