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Three hundred and fifty of their citizens have appointed a committee, to represent the rights of the land.

The following petition to the Colonial Office in London, which the committee hereby publish, treats clearly and plainly of the conditions of the country.

We trust in the justice of England that she will protect our rights; we request all and everyone to whom this petition is sent to confer about our rights to take them up and to defend them. We expect of our fellow citizens who have given us this difficult task that they will stand firm for the rights of our country.

A British man-of-war has since some time served the Governor by imprisoning a number of quiet citizens, because they solicited for their rights, and did this in a becoming modest way.

The loyal keeping of the inhabitants has been the means that these arrests ceased, and that the man-of-war was ordered to leave. So much more do the citizens of Heli- goland now expect from the Crown of England, to which they are faithfully and thank- fully devoted.

"A hearing and justice."

Heligoland, July 1866.

FOR THE CITIZENS, THE COMMITTEE.

THE most humble Petition of Citizens of Heligoland to their most Gracions Queen, in regard to the Regulations dated 7th January 1864, and a Request for a Discon- tinuance of Faults and Encroachments on the Island; finally, for the Restoration of Rights and Privileges assured to the country.

P.M.

The inhabitants of the Island of Heligoland appertaining to the race of North Fries- land have possessed since time immemorial their own rights in the concerns of their com- munity, and have in this regard only been subjected to a certain control by professors in law, appointed by the State. Especially the ancient community regulations which are founded on a (Landesbeliebung) "Constitution" drawn up by the people and confirmed by their Sovereign.

The Heligolanders have also their own strand rights as also exemption from military duties, and in respect to ecclesiastical concerns, the "jus patronatus," or the right to elect their two ministers of the gospel. All these rights and privileges have always been most graciously granted by their governors to the people of the island. Particularly regarding the constitution of the country it is very important, especially in respect to civil rights as it is herein proved that no particular alteration can take place in its form of government without the advice and agreement of the citizens.

This regulation right is also extended to other branches of the industry of the inhabi tants. Thus there are in the special laws of Heligoland, dated 11th July 1750, for instance, regulations respecting sheep grazing, and respecting shoemakers dated 24th October 1774. Then about the far more important pilot concerns. There are regula- tions for pilots, of which the latter, still in force, were made by the British Government the 25th January 1826. All these rights and privileges, particularly in respect to the (Landesbeliebung) Constitution of the country, the rights of the people of Heligoland in civil law, have been confirmed on the 11th April 1695 by Duke Frederic of Schleswig Holstein, on the 19th April 1667 by Duke Christian Albrecht, of Schleswig Holstein, the 7th July 1684 by Christian V. King of Denmark, the 30th June 1727 by Frederick IV. King of Denmark, the 28th May 1731 by Christian VI. King of Denmark, the 21st November 1746 by Frederic the V. King of Denmark, and on the 20th May 1766 by Christian the VII. the last Danish King who reigned over Heligoland.

The patronage enjoyed by the community of Heligoland in the election of their two ministers has also been confirmed by King Christian the VI. on the 8th May 1733 passus 1," by King Christian VII. on 24th March 1807, “. passus 7" to the inhabitants

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of the island for ever and ever.

At the surrender of the island to Great Britain in the year 1807 Commodore Falkland on board the ship “Quebec" off Heligoland, 30th August 1807, expresses himself in his summons to surrender to the Danish commander, Major von Zerka, respecting the surrender of the island thus: The inhabitants of the island may rest assured that they shall have, under the protection of His British Majesty, free exercise of their rights and privileges, and will enjoy prerogatives and liberties the exercise of which had not been granted them heretofore.

At the surrender of the island to England, concluded on the 5th September 1807 by the commander of the English frigate ship " Quebec," Lord Falkland, as also by the first

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Lieutenant d'Auvergne, on board the ship "Majestic" first part, and by the Danish Commandant of Heligoland, Major von Zerka, second part undersigned by the British Admiral Russe and confirmed act of surrender of the island to England it has been admitted passus 4 of the act of surrender:

"That all magistrates and public functionaries, individuals of a clerical or civil position, "and all inhabitants in general, in their respective official duties, rights, trades, church "institutions, as also in families and habitations, shall remain undisturbed," and that in general all property shall be respected and protected.

Again, in passus 10, the preservation of their privileges, has been expressly granted to the inhabitants, as well as an immunity from the service in the " Marine" (Navy). The people of Heligoland have therefore a right to expect of the Crown of England that their rights and privileges, guaranteed to them centuries ago, and likewise guaranteed by England, may be preserved to them bond fide. Now, to get a clear insight into the real matter of fact state of things on the Island of Heligoland, it will be necessary to treat especially in the following single paragraphs of the laws and regulations made for that

and in reference to the same, by the facts, viz. :

the

purpose,

1. What has been right and law in Heligoland since time immemorial, in what especially consisted the administration of the community, the administration of the treasury, administration of justice, church and schoolmasters, strand and pilotage, &c., &c.

2. How, at the surrender of this island to England, have been shaped the single branches of the administration on the island of Heligoland by their Governors, and lastly.

3. That, by the so-called new Constitution, made by the present Governor Maxse, a total lawless condition on the island has been introduced.

Paragraph I.

Ancient rights of Heligoland, laws and regulations founded on the legislation till the occupation by England.

According to the confirmed regulations of the country, dated 11th April 1695, every native born Heligolander who has taken out a (Bürloos) "certificate of being a native" from the pastor of the church, is a citizen of the island" passus" 5, 6, 7, sequ., and enjoys all civil rights. Foreigners not born on the island can only get the rights of citizens by being married to women of Heligoland "passus" 9, 10, and those who are honestly and justly born by a father and mother and being of good reputation, and behave well with other people.

The (Bürloos) certificate of the church is the duty paid for the right of becoming a citizen, it answers the money (fee) paid in Schleswig Holstein for the same object (com- pare enactments of 23rd June 1778) in regard to the precedence of these (Bürlotts) certificates, and the payment of 61 per cent. per annum interest, to be paid on the out- standing certificates.

If a citizen has anything to propose to the Council or the whole community, or the Council should deem it necessary to call together a meeting of the citizens called (de Bühr) then the meeting shall assemble in the house of the oldest counsel or judge, according to an enactment, dated Gottorf 1st March 1655, signed Frederic. The convocation of all citizens (de Bühr) is in accordance to the (Landesbeliebung) regula. tions, passus 15 of the country, just like those in the Schleswig villages on the continent, by the manner of a so-called "stick" to be sent from house to house by the bailiff, but in Heligoland this business is performed by the oldest counsel. By an enactment of 22nd June 1780 these meetings were not allowed to take place without the knowledge of the pro temporary Governor of the country (Landvoigt) an ordinance which extends also in regard to the meetings of superintendents.

The aforesaid proves:

1. The native-born citizens, if circumstances demanded it, had to be called in by the superintendents, and were constitutionally added to the administration in matters of the community.

2. That a citizen could, likewise, lawfully demand a convocation of his fellow-citizens if circumstances made it necessary.

3. That at the administration of the concerns of the community, a conclusive power is lawfully allowed by the whole citizenship, of course with proviso of a higher sanction.

This is clearly shown in the ordinances regarding the administration of the country treasuary at 24th November 1779, and of which further mention will be made.

30492.

D

PUBLIC RECORD OFFICE

Reference :-

[ ། ། ། ། T mimimmimC.O. 885

4PUBLIC RECORD OFFICE, LONDON

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