CO885(3-4) — Page 101

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emolument. Fees are not sanctioned, and advocates are not allowed to practise.

In a small State, the inhabitants of which possess no important capital beyond their houses, their boats, and their fishing-tackle, the incomes of individuals do not much differ. Litigation is, there- fore, rare, and crime is unknown. No person thinks

of shutting his door or his money-box, and at no time has there been a prison on the island, &c.

"A population of this character is naturally dis- posed to cling to its ancient laws. The Friesians were not taxed, and their descendents in Denmark enjoyed great immunities for several centuries. According to Danck werth (the historian of Schles. wig-Holstein), the Marsh-Friesians in Denmark were subjected to no other tax than a house penny.

"Relying upon their rights, the Heligolanders grumbled at the taxes which they had to pay their Ducal and Royal Rulers. These taxes were incon- siderable; for the Danish Government did not draw more than 4501, from the island. At present the internal wants of the island certainly require a larger outlay than the public income admits of.

"Great pains have been taken to prevent the mis- appropriation of the public funds. The Wardsman, who superintends the expenditure, may disburse the sum of 21 sterling with the sanction of the Council; but the outlay of a larger amount requires the previous approval of all the authorities, and of the whole of the householders.

"The public expenditure is examined towards the close of the year at a public meeting of the people, at which, every householder having the right to make his observations, the accounts are finally liquidated by general consent.

"The clergy are elected by the people and paid by the Sovereign.

"The ancient Friesian Code has again become the

sole law of the island, with reservation of the right of appeal to the English Commandant."

I propose now to extract, but to translate more closely, another and later account of the institutions

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of Heligoland from the work of Octker, which was published in 1855.

Octker is a lawyer of moderate constitutional principles, who, being obliged to fly from Hesse Cassel in 1847, took refuge in Heligoland, where he resided for several years.

C

"CHAPTER XII.

Constitution and Public Authority--Disputes with the Functionaries of the Sovereign.-Banishments.

"The Heligolanders have, for the last thirty years, been allowed a large licence of self-govern- ment, but have not known how to make a judicious use of it, as is shown by the manner in which they have administered their laws and their local con- cerns. These deplorable results must be traced to want of capacity and good intention, and to the mutilation of the earlier in

a directing hand,

institutions unchecked by

"The discontinuance of the office of Landvogt, and the absence of all Consistorial jurisdiction, have produced unlucky gaps in the machinery of the internal economy of the community.

"The Landvogt, as the official functionary of the Sovereign, directed the proceedings of the Court of Justice and the civil administration of affairs. He. was assisted by six native members of a Council and by eight Wardsmen. The members of the Council formed the Court of Justice. The Wardsmen pro- vided, as executive officers, for the preservation of public order. The members of the Council were elected for life, and the Wardsmen for eight years. The Council could take cognizance of cases of urgency independently of the Landvogt. From 1652, cases were decided by the majority of voices, the Vogt being bound to give his opinion first; he had, pro- bably, also, a casting vote. His influence, however, was chiefly derived from his superior knowledge of law and of affairs in general, which enabled him to conduct all proceedings. An appeal lay to the Court of Gottorp in civil and judicial matters; and further appeal might be made, under certain cir-

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