7399.
MY LORD DUKE,
No. 473.
(HELIGOLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, July 29, 1867- We are honoured with your Grace's commande, signified in Sir Frederic Rogers' letter of the 24th instant, stating that he was directed by your Grace to transmit to
us, for our consideration, the copy of a Despatch from the Governor of Heligoland, No. 20. forwarding an extract from the minutes of the proceedings of the Combined Court of 12July 1867. that Colony, containing a protest against the right of Mr. Gätke, Government Secretary, to take his seat as an elected representative on the ground of his being a Government official and a "stranger."
Sir Frederic Rogers was also pleased to state that the Governor also forwarded a letter from Mr. Gätke, in which he states that, according to the old law of the Colony, the "Landes Beliebungen," he had acquired the full rights of a citizen of Heligoland by his marriage with a Heligoland woman; and, also, that according to the Schleswig Holstein law, which he alleges to be the law of the Colony, he had become a or member of the community by "settlement and uninterrupted domicile."
Burger Sir Frederic Rogers also stated that he quotes various extracts from Falk's "Hand- "book of Schleswig Holstein Civil Law" to prove that by that law he is in full posses- sion of all the rights and privileges of a citizen of Heligoland
Sir Frederic Rogers was also to annex the copy of an order made by Her Majesty in Council on the 7th January 1864, making provision for the Government of Heligoland, and declaring the power of the Governor thereof, the sixth paragraph of which declares that an elected representative must be a "British subject, and to state that the question of Mr. Gätke's right to be considered a British subject seems to raise the following questions:-
1. Whether the "Landes Beliebungen" is the law of Heligoland, and, if so, what are its provisions respecting the rights of citizenship?
2. Whether Schleswig Holstein law is the law of Heligoland, and, if so, what are its
provisions respecting the right of citizenship?
06
3. Whether, supposing that under one or both of these laws Mr. Gätke has become a
Burger" or citizen of Heligoland, that fact would also make him a British subject for the purposes of the Order in Council of 7th January 1864?
Sir Frederic Rogers was further pleased to state that your Grace, however, is not in possession of information which would enable us to furnish a decisive answer to the two first questions; and you, therefore, desired him to place before us the draft of a Despatch which your Grace would propose to address to the Governor unless we see any objection to that course, and Sir Frederic Rogers was to request that we would take it into our consideration and report to your Grace whether this draft may properly be sent.
In obedience to your Grace's commands, we have taken this matter into our con- sideration, and have the honour to
Report
That in our opinion the draft Despatch laid before us may properly be sent to the Governor.
We have, &c. (Signed) JOHN B. KARSLAKE.
C. J. SELWYN.
His Grace the Duke of Buckingham and Chandos.
16978-899. 23.-5/86.
PUB
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