Minutes of pro- ceedings were read in Com bined Court,
( 22 )
Through a Commission named by his Excellency the Governor it has further been proved that the petitioners (Bürger Committee) have obtained the appended signatures under false pretences, and the final result is that the so-called Bürger Committee remain answerable for such proceedings.
The fallacious statements in the memorial in question are so numerous that it would occupy too much time to enter further on particular points of the same, and therefore it is only further recorded here that not one single instance of the illegal proceedings stated as having taken place in the island is brought forward, and as regards the management of the finances, the present local authorities would welcome with the greatest pleasure a commission of inquiry from Her Majesty's Goyernment, whereby the dishonourable and personal motives of the so-called Bürger Committee would not only be exposed, but also their criminal proceedings (whereby they have misled their quieter and simpler fellow citizens even going so far as to make use of a man who is deaf and dumb, and other persons who are not in a position to be responsible for their acts) brought more clearly to light.
It may be remarked with truth that a colony must possess sufficient strength to preserve its own interior peace and quietness, and the local authorities would themselves be setting a bad example if they denied the truth of the above statement, but these externally repeated agitations must at last be put a stop to by a higher power and the simple inhabitant of the island be impressed with the feeling that the English Government has only the intention to forward the welfare of the little colony of Heligoland.
With a view to this end the Combined Court closes this statement with a majority of eight votes with the following resolution :-
"That his Excellency the Governor be prayed to adopt such measures as may effectively prevent "that the peace and quietness of the island be disturbed by a handful of low intriguers, and that the " said persons be made answerable for their conduct."
(Signed) K. N. MICHELS, Chairman.
No. 4.
The EARL OF CARNARVON to GOVERNOR LIEUTENANT.
COLONEL MAXSE, C.M.G.
SIR,
Downing Street, 17th September 1866. I HAVE had under my consideration your despatch of the 14th July,* furnishing an outline of the petition from Heligoland against various alleged grievances, and supplying your remarks and explanations on the subject.
I am desirous to attend chiefly to the substance of the complaints, and not to notice more than is unavoidable any defects of form. Some of them, however, in the present instance are such that they cannot be disregarded. The petition is signed by 20 persons. But they appended a kind of power of attorney containing upwards of 300 signatures of persons professing to empower the others to act for them. This mode of procceding cannot be recognised. Persons who wish to petition the Crown must do so for themselves, and in their own names, and have no power to create for the purpose a committee unknown to the law or Constitution. The next remark which I must make is of a graver character. By an inquiry on the spot it appears that one at least of the signatures to the so-called power of attorney was fictitious, that several of the signatures were the names of helpless persons, such as between 60 and 70 old women, all whose names were written in one handwriting, and that numerous signatures were those of persons ignorant of the contents of the document. Irregularities of this kind are greatly to be condemned, not only on account of their inherent impropriety, but because they lower the credit of petitions, and thus impair the value of the subject's right of petition.
I pass over, however, these defects, and proceed to the substance of the memorial. The petitioners object to the new constitution and pray to revert to their ancient customs; they complain of financial mismanagement and allege irregularities in the accounts.
Ŏn referring to the best information within my reach I find that until lately there was no intelligible system of law in Heligoland, and no definite form of government. The payment of taxes fell into disuse. A heavy debt accumulated, and there prevailed a want of order which could not be salutary for the island. Under these circumstances the Queen in Council, in the year 1864, bestowed upon the island a Constitution similar to that which is usual in other British possessions of limited extent, but more liberal in some of its provisions.
The Constitutional authorities consist, besides the Governor, of a Council to advise him in matters of administration; of a larger Council to concur with him in legislation; und finally of a Combined Court, composed of the members of the Legislative Council and
• No. 3.
⚫( 23 )
of 12 representatives of the inhabitants, which Court ratifies any laws relative to taxes or the appropriation of the public money. Every person of sound mind and 21 years of age qualified to be a representative, whilst the elective franchise is so low that it may be presumed to extend to nearly the whole population of the island.
No dissatisfaction was expressed with this Constitution at first. It was only when the collection of taxes began, which had improperly been suffered to fall into neglect that complaints were made of the Constitution under which the imposts were made, and that the present petition was made for its repeal.
But these taxes have been enacted by a Court of which, as has above been said, every adult male in the island is competent to be a member, and for which almost every adult male must be an elector. This is hardly a body likely to impose excessive taxation. That they have not done so may be seen from referring to the taxes themselves. I find it stated in an official return that as regards the tax on property there is only one person in the island who pays so much per annum as 34. sterling, and that the average payment of each person liable to property tax is seven marks, or less than 9s. sterling per annum. The highest rate for church and schools is six marks or about 78. 6d. a head, and the average payment of each person liable to the rate is three marks or 38. 6d. a head. Again, with regard to the imposts, the duty on spirits is at a rate of 58. sterling on 40 quarts, or 1d. per quart, and the duty on wine is at the rate of 5s. on 50 quarts, or rather more than Id. a quart. I have intentionally reckoned the mark in these calcula tions at its highest rate, and probably above its current value.
The petitioners justly call attention to the debt which lately amounted according to your account to 124,000 marks, or 7,750. This debt is disproportionate to the resources of the island, and is to be regretted. But it evidently can afford no ground for compaint against the new Constitution. It accumulated during that period which was inarked by an entire want of system and to which the petitioners wish to revert, and you have pointed out that under the new Constitution the debt has already been reduced by 10,000 marks or about 6257.
With regard to the accounts, it would appear from your explanations that the chief allegation by the petitioners of irregularity was owing to a misunderstanding, and I see nothing in the evidence before me to justify any imputation on the integrity of the officials.
It is, however, unnecessary for me to enter into further detail. The main object of the petitioners, as they declare, is to do away with the Constitution. I cannot hold out to them any prospect that the Constitution will be repealed. It would be impossible to sanction a return to the previous absence of law and government.
The inhabitants of Heligoland enjoy perfect personal liberty; their taxes are, as I have shown, singularly light, and are established with the consent of their own represen- tatives, and spent upon their own island. They are exempt from the personal burthens which the exigencies of the State require under Continental governments. No soldiers are furnished by the people to the army, and no sailors to the fleet. They cannot expect to escape the necessity, which is common to all civilized societies, of contributing to their own public wants. But the British Government takes from them neither servites nor money; it only wishes that they should be ruled justly and mildly; and that, obeying the laws and disturbed by no useless agitation, the islanders should apply their industry, and devote the whole of its fruits to improving their lot in the land in which they are
You will be good enough to communicate an exact copy of this despatch to the petitioners certified by your hand and seal.
I have, &c. (Signed) CARNARVON.
bom.
No. 5.
TRANSLATION of a WRIT OF COMPLAINT by CITIZENS of HELIGOLAND against GOVERNOR. MAXSE on account of Violation of Rights and Privileges guaranteed to the Island of Heligoland (sic in print).
Printed by J. G. Jebens.
Husum, 1866.
Received 27th September 1866.
For a long time since the conditions in Heligoland have given cause for complaint. The measures of the present Governor,-the overthrow by him of rights guaranteed to the country, have brought the inhabitants to the utmost point of discontent.
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