}
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No. 7.
MEMORANDUM by the Private Secretary of the Duke of Buckingham and Chandos on His Grace's visit to the Island in the "Enchantress," to answer the petition in person.
The "Enchantress," off Heligoland, June 1867.
THE Duke of Buckingham and Chandos having informed the Governor, Colonel Maxse, that he wished to see the elected members of the Combined Court (formerly members of the Bürger Committee) who had signed the memorial, dated 18th April 1867, received them on board the "Enchantress," on Tuesday, the 11th of June 1867.
There were present,-
The Duke.
"Enchantress").
Mr. Gätke (Government Secretary).
Staff Commander Petley (commanding the Mr. Kröger Franz (Stipendiary Magistrate). Dr. Von Ascher (Queen's Physician for the
Island). Mr. Louis Gätke (Interpreter).
Mr. H. S. Bryant.
Colonel Maxse.
And the following members of the Combined Court:-
P. A. Heikens.
Heinr. Franz.
And others.
H. R. Friedricks.
H. O. Rickmers.
After hearing their remarks, and replying to them, the following memorandum was drawn up by his Grace as his answer to the memorial, and was read (in German) by Colonel Maxse to the members.
"The Memorial of the Bürger Committee has been fully considered, and the final answer of the Government is :-
"That the Constitution of 1864 will not be withdrawn ;
"That it will continue in force the time for which it was decided, unless it becomes necessary to modify it by withdrawing some portion of the powers entrusted by that Constitution, a course which would be taken with much regret.
"That it may become necessary to place a force on the island to enforce the law, which force would also be available for levying the additional taxes required to defray the cost.
"That under the Constitution, the cash book and the accounts are open to the examination of the Combined Court, and any person fined or imprisoned has the right of appeal to a higher court, or to the Secretary of State.
* That it will be the duty of the memorialists to make this clear to the public." A German copy of this memorandum was signed by the members of the Bürger Com- mittee, as a proof that they had seen it, and a copy was given to them to make public.
On Wednesday, the 12th of June, the Governor having informed the Duke that the members of the Combined Court were anxious to have an interview with him in reference to the gaming tables and the proposed harbour, his Grace received the members of the Legislative Council (who form part of the Combined Court and who support the Governor) in the lower room of the Conversation House. The elected members of the Combined Court were then called in. After some discussion, and having examined some proposed plans for a harbour, his Grace gave to the deputation an answer in the terms of the following memorandum, which was afterwards communicated to them in German by Colonel Maxse :-
With reference to the suggestion of providing a small harbour for the security of boats and small craft:
"Whenever the Governor can report that the people have voted the taxes necessary for the municipal and other actual expenses of the island, including the debt, and that the laws have been duly observed and enforced, the Governor may very properly con- sider whether he can submit a proposal to the effect that the contract for the tables be allowed to run out the full term till 1871, the proceeds being applied solely and entirely to the twofold objects of forming the harbour and reducing the debt, and possibly, under such circumstances, the Home Government would be disposed to sanction the withdrawal by the Governor of the notice now closing the tables at the end of the present year, give a favourable consideration to the proposal, and allow some contribution towards the formation of a harbour."
The members having thanked his Grace, and declared that they would do what they could to enforce the law as regards the two men who had assaulted the magistrate, withdrew, those belonging to the Legislative Council returning to thank him again for the kind manner in which he had received them, and for the interest he had shown in the affairs of the island.
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About two hours later, Mr. Heinr. Franz came to his Grace to say that the two offender (the brothers Kange) had been put into the gaol.
The allusion to the assault on the magistrates requires explanation. On Monday, the 10th of June, his Grace was informed by the Governor that on the previous evening, just before the arrival of the "Enchantress," one of the magistrates, Mr. Paul Botter, was on the beach when the passengers were landing from the "Hamburgh" steamer. Having directed a policeman to remove a boy who was troublesome to the passengers, and who had threatened to throw a stone at his head, Mr. Botter was attacked by two brothers (Kange) of the boy. They pushed him into the water, held his head under it, and would probably have caused his death if he had not been rescued by two English sailors. (See the depositions.)
h
On Monday the brothers (Kange) refused to give themselves up to the police, one of them saying that he would shoot anyone who attempted to arrest him; and the Com- bined Court having assembled, considered that the wardsmen should make the arrest, and declared that they would not themselves interfere. Colonel Maxse, finding himself powerless to enforce the law, made a request in writing to Captain Petley, commanding the Admiralty yacht "Enchantress," for a force to protect the wardsmen in arresting the accused persons. The assistance was accordingly given, but after a search, they could not be found.
H. S. BRYANT,
Papers filed herewith (6).
Statement of accounts for 1866.
Copy of the Colonial Cash Book for 1865. Statement of proposed revenue and expenditure.
>
Depositions (2) of Mr. Paul Botter, Stipendiary Magistrate, and of Mr. Michels,
Harbour Master.
Copy of an address posted on walls by Bürger Committee.
No. 6.
GOVERNOR LIEUTENANT-COLONEL MAXSE, C.M.G., to His GRACE THE DUKE OF BUCKINGHAM AND CHANDOS.
MY LORD DUKE,
(Received June 28, 1867.) Heligoland, 22nd June 1867. I BEG to be permitted most respectfully to express my deep gratitude for your Grace's late personal visit to this small colony, a feeling which is shared by the whole island.
2. I do not here allude so much to the honour of a visit of the Secretary of State himself to this smallest of British dependencies, but to the beneficial effect of your Grace's personal address to the members of the so-called Bürger Committee and to the members of the Combined Court.
3. The consequences of your Grace's visit are, as I think I may now safely state, not likely to be of a transitory nature, and whilst I really look forward with confidence to the continuance of the satisfactory change in the public feeling as regards the new Consti- tution, the necessity of taxation, and the proper preservation of order, I am perfectly certain that under no other circumstances but that of the Secretary of State's personal visit could such a happy change have been effected.
4. Moreover, the people are most deeply grateful for your Grace's kind expression about the proposed barbour and the present lease of the Conversations House, and I sincerely trust that I shall be enabled at the end of the year to report to your Grace satisfactorily in the sense of your Grace's address to the Combined Court.
5. I have most distinctly impressed upon the House the conditions upon which I might be permitted to suggest the questions of barbour and Conversations House for the further consideration of the Secretary of State.
I have, &c.,
His Grace the Duke of Buckingham and Chandos,
&c.
&c.
&c.
FITZ MAXSE,
Lieutenant-Colonel, &c.
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PUBLIC RECORD OFFICE
Reference :-
EPICO. 885
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PUBLIC RECORD OFFICE, LONDON
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