CO885(3-4) — Page 145

PUBLIC RECORD OFFICE

61

Reference :-

TREET CO. 885

سبانيا

4 PUBLIC RECORD OFFICE, LONDON

( 30 )

Eligible for representatives is every British subject. The freedom of the city enjoyed exclusively through the Constitution of the country (Landesbeliebung) is taken from them by an increase of foreigners on the island, their existence is endangered. By the new Constitution, a number of officials has been created, who will by their superfluous number, and the expenses they cause, be the ruin of the country. This Constitution calls into life an organization in what way States are governed, whilst they forget that the township of Heligoland is but a small community, which to be governed the simpler the better. If the thing were not so earnest and sad it would really give people not con- cerned in it, a good idea for hilarity and fun by finding in Heligoland Councillors of State, Cabinet Ministers, and God knows what they may find. We should have thought men who can judge by their own eyes had more modesty and sepse of shame.

We emphasize this for fear our little native land might one day be made a public laughing stock, and turned into ridicule in the whole world. In one word, if we look at the Constitution and the Ordinances by the Governor and his hirelings, the following will result from it:

—

1. The Heligolander has lost his civil law and his privileges.

2. Church and schools are made servile, and have lost their independence.

3. The public administration has become arbitrary.

4. The Governor is the dictator and despot.

This is plainly shown in the management of the Treasury by the substitution of the old Ordinance; he has published a new one, by which is made a Finance Committee, that can dispose of above 200 marks without the asking of the so-called Cominunity House.

The Finance Committee consists of three hirelings of the Governor, and two members of representatives. It is obvious who will always be in the majority. The country's treasury, which on account of its enormous load of debts "puts the very keystone upon 'the head" of Governor Maxse, as the saying is, had then to be brought again on the qui vive by extraordinary taxes. Even last year the Governor made a publication by his secretary, dated 6th May 1865, according to which a law on the import of all kinds of merchandize was to be published. In a cunning manner, he acquiesced by the issuing of the same law on wine and liquors only; 26 citizens fearing the consequence protested and referred to their ancient rights. The adjoined reply of the Governor gives a correct proof, and pictures truly how a Heligoland citizen and British subject is treated, and of the freedom enjoyed by the new Constitution. The language of this letter gives a precious proof of the despotic spirit with which we are regaled. In this year also when two representatives requested to be dismissed on account of these and other evils, and when one was fined 107., a new election was quickly held by surprise, and the dismissed, on having communicated the occurrence to the electors, 80 citizens joined him and went to the court house where they met with those quartermasters who had ceased to be country trustees but were now merely chief police. Here they protested against the legality of the election of which, however, on the part of the Governor, no notice was taken. About 200 citizens now chose a committee with full power, who addressed themselves to the representatives, requesting their own rights back again, and declaring at the same time that they did not recognise the two lately elected individuals. On this renewed protest a direct answer was made by the representatives, and an indirect one by the Governor who gave them a refusal. The reply of the Governor to the repre- sentatives is subjoined, and gives again proof of what freedom the Heligolanders had to expect.

The citizens now demand, through their representatives, to look into the cash-book. They obtained for three days (two hours each day) an insight into the same.

In the confusion in which it was kept, they copied it as the representatives had done for them- selves. In the " Ledger" they found erasures." It appeared, when compared with the two copies made within four weeks, which were both found correct, that there was a difference in the balance of cash on hand of 986 marks 11 pfennings, as mentioned above, to be the deficit independent of the many unnecessary and lavish expenses made, and mentioned in the account. Within a week the citizens requested of the representa- tives a declaration "if the cash account were on their oath" correct, and "if they agreed with the Constitution and management? On the 10th day only they received a letter which they would not accept, as the citizens were going to make complaint in England. They merely informed the representatives that, as they did not respect the citizens, they (the people) would go to law about their rights, and henceforth, they could not acknowledge them as their representatives. From the foregoing occurrences it will casily be seen, that by the making of new laws and the thereby offended rights of citizens “in administrative respect," a totally lawless condition has been introduced.

( 31 )

But also in regard to the administration of justice the new law has called into life changes which are impracticable.

In the Ordinance No. 7 it has been ordered, that the last Schleswig Holstein Civil and Criminal Code, published up to the year of 1864, should serve as a basis for all laws to be made by the Legislative Court. Singular as it may sound, we must answer in this respect, that there are no codes for the totallity of both duchies. The most correct direction of present sources of law matters in Schleswig-Holstein are to be found in the instructions for the Schleswig Holstein Lauenburg Court of Appeal at Kiel, May 1834, in which it is expressly ordained that the decisions of this joint college law, reaching for Sleswig-Holstein up to the year 1850, in civil as well as in criminal matters, according to the code (Lovbook) and other valid ordinances and just practices, partly by general and partly by particular laws in every duchy, district, or place there should be statutes and honest dealings; absence of such German, Roman, and Canon Law, as far as it is used in every duchy should serve as a guide for all. The law sources for Sleswig- Holstein are, therefore, partly single general, partly and particularly very practical ordinances, partly statutory laws for single districts and places. As the first-mentioned treat of general law which dates several centuries ago, so that the present law matters in Sleswig-Holstein cannot be acknowledged in civil and criminal courts without the new ordinances, it cannot be seen what we should understand by the last Sleswig-Holstein Civil and Criminal Court. But if eventually a defective drawing up of ordinances was the cause that a thought, in itself justifiable according to law, should have found an insufficient expression by making use of the words "Sleswig-Holstein Code;" this law, No. 7, which acknowledges principally the validity of the laws of Heligoland, would be a constant contradiction to the laws introduced by the Governor in 1864. In respect to a judgment to be given in civil and criminal cases (according to the law pro 1864) it is appointed, § 20, that all law questions shall be decided by the Court; all questions founded on fact, however, by a jury. Again, it must be noticed that the Sleswig- Holstein law, neither in criminal cases, nor much less in civil broils, has any jury. The Ordinance No. 1, not containing any prescriptions about the separations of law and questions of facts, particularly in which way it is to be executed in civil quarrels, and no other prescriptions about the organization of the mode of managing the same, this law is not only in itself incomplete, but comes also in collisions, difficult to avoid, with the law No. 7. Either the law No. 1 stands on its own principles, and is therefore completed by its own independent development by the legislation (then the law No.7 is entirely superfluous), or this law has been made in imagination of what it should serve for, as a correct norm on the Island of Heligoland; then the law No. I is impracticable, as no room for a court by jury is to be found in the laws of Sleswig-Holstein. The correctness of the foregoing remarks must not be objected to by the assertion that the law No. 1 refers more to the better administration of justice; the law No. 7, however, only to the material law. In any case does the value of civil law rest materially in the sure way of practically using it. There is, however, a close connexion to be acknowledged, especially between the material right and the Sleswig-Holstein civil action. It would be an impossibility in a practical lawyer of Sleswig-Holstein to make use of the laws and institutions of a jury like the law to be introduced sub 1, pro 1864, particularly in civil cases, or it might be, that, in place of a common process or suit, the absolute power replaced it.

This opinion, made by an able jurist of Sleswig on the present organization of the administration of justice in Heligoland, will make it clear that by the total ignorance of justice of the law givers, the issuing of two contradictory and mutually annulling ordinances, the so all important administration of justice on Heligoland, has commenced a condition of the most lawless kind. Church matters have been less mentioned in the new (legislation) law. New school regulations we will omit to mention, and only refer to what we said above, viz., that the church and its servants, by the irregularities of the civil power, their rights and independencies, have been taken, and that also in this respect a totally lawless condition has commenced. The citizens of Heligoland look with sorrow into the future, but with confidence in their just cause; and in reference to passus 23 of the Constitution, dated 7th January 1864, by which Her Gracious Majesty has reserved to herself the right to abolish the Constitution at any time, we beg most humbly your Majesty graciously to command ;—

1. That the Constitution of the 7th January, and all the issued Ordinances by the Governor and Legislative Court, be abolished.

2. That the citizens are reestablished into their ancient rights guaranteed by England, and the ancient (old) law be again enforced.

3. That all superfluous magistrates be removed, the lawful officers be restored to office, and management of the administration be put into the hands of able men deserving the confidence of the citizens.

D 4

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO