CO885(3-4) — Page 147

:)

T། ། ། ། །

PUBLIC RECORD OFFICE

Reference :-

mmimmimC.O. 885

4 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

( 34 )

justice of the High Colonial Ministry to suppose that these high personages could treat such weighty and sacred matters in a frivolous and unconscionable manner.

In the answer, amongst other things, is remarked that the Committee who is entrusted with power by the Bürgers, has no right to petition in the name of the Bürger, but that the latter should do so themselves, and that the Committee could not be acknowledged either by law or the Constitution.

With reference to our paper of complaints, Section I., we proved therein on the ground of the Landes Beliebungen, and the law of the 1st of May 1655, and of the 22nd of June 1780, that the Bürgers may legally in certain circumstances summon their fellow citizens together, and that the municipal direction of the Bürgers possesses a deciding power.

These laws have as yet not been set aside by any decision of the Crown.

If, therefore, the Bürgers choose a Committee to act in their name, so is this Committee, according to the rights and privileges granted to Heligoland by England, most completely entitled to thus petition the Crown.

The Committee is therefore most perfectly legal, and as the "so-called" Constitution has suspended no laws and rights so also is the Committee not unconstitutional.

It is further remarked "the many irregularities are much to be condemned, as they detract from the value of petitions to the Crown.”

We have to answer to this, that no irregularities appear, and that it is unjust to condemn what is legally allowed without inquiry, and that when a petition emanating almost from the whole Bürgerschaft bearing reference to their most sacred possessions, is treated in so contemptuous a manner, then certainly the respect and confidence in the government must be very much weakened as also the trust in the Crown.

Further it is remarked that the Bürger Committee make objections to the new Con. stitution. The old laws are also termed old customs; the complaints against the irregularities in the accounts and the bad direction of the finances are touched upon.

To this we have to respond that at present, as formerly, we cannot acknowledge that the new Constitution has been "legally" introduced.

If the minister terms our former laws "old customs," we are exactly of a contrary opinion, because the old Schleswig Law Code valid in Heligoland is so scientifically per- fected and advanced with the times, and so thoroughly respondent to the wants and the character of the people, that it has been a brilliant example since centuries for all other

states.

We can, therefore, only suppose that a High Ministry intended to express by the words "old customs" those abuses which have crept amongst the officials since the annet. ation to the British Crown, and in this respect we most decidedly agree with the minister; we refer on this point again to our old “

"Beliebungen" remarked upon in our first paper of complaints, and cannot acknowledge any Constitution to be legal which has not been drawn up and decided upon in all points by the Bürgers or their Committee naturally with the sanction of the higher powers. Truly this is not asking much.

It is not always the case, except when colonies are first founded, and power must have the upper hand, where legal institutions have existed for centuries, that the Bürgers and Parliament, Upper Houses, Representatives of the Bürgers, or elected representatives are heard.

We do not believe that the communities in England are behind the rest of the world in this respect, and we require herein with the utmost modesty only our old guaranteed rights.

In truth if our old privileges and rights remained in force we should not have to com. plain of wretched finance direction and irregularities in accounts.

It is further remarked that no dissatisfaction was expressed at the new Constitution until the taxes were promulgated; to this must be answered that the dissatisfaction did not arise on the question of taxation, but on account of the wretched direction of the colonial funds, which through the new Constitution were given over to anarchy.

We have most clearly proved in our paper of complaints that in an administrative sense the situation of affairs in Heligoland are in a state of lawless anarchy.

It is easily to be comprehended that the Bürgers will not quietly pay taxes when they see that the colonial funds are not so particularly well directed.

This very fact, that the new Constitution suspends the old state of order and legislation and introduces anarchy into the direction of the colonial funds, is the best proof that the new Constitution is not fitted for our small island, and most fully justifies the Bürgers in their discontent.

Because, we ask, is it not most scandalous that in one year three several sums total have been laid before the public where the balance has on each occasion been a different

one?

Figures speak for themselves:

(35)

I. Revenue was 70,788 marks 94d. do. Expenditure 69,232

10

"

II. Revenue was 69,318 marks 54d do. Expenditure 66,775

"J

D

11 III. Revenue was 69,318 marks 51d. do. Expenditure 66,715

5 Balance in hand I. account 1,555 marks 15 d.

II.

2,543 "9

336 101 III.

2,603 "}

15

"

Which account is the right one ?

12

If anyone as representative complains against the above, as has been done already, he is nolens volens fined, and as citizen one is condemned to prison in such cases. These have as yet been the fruits; this is the justice and freedom of the new Constitution.

Further it is stated:

That the mistakes in the accounts have arisen through misunderstanding, and nothing could be brought forward against the officials.

We have to reply to this:

That in honest and conscientious settling of accounts, no misunderstandings and mistakes can occur.

In well organised States and communities such offences against honesty do not occur as in Heligoland, and we know very well that in England such is not tolerated.

As before stated, the irregularities are so numerous that they prevent us from entering upon separate instances, particularly as neither revenue nor expenditure has been justified through the necessary improvements.

It is further stated that the ministry cannot countenance the cancelling of the new Constitution, because it is held that the consequence thereof would be the reinstatement of an illegal state of things in Heligoland.

We answer: That just the new Constitution is the cause of the illegal state of things in Heligoland, and pray again most fervently that the High Government give us back as soon as possible our so holy guaranteed rights, laws, and ordinances, as we point out that though the most gracious Government has fixed the new Constitution for the term only of five years, yet our most gracious Queen with her Council reserved to herself the right of cancelling the new Constitution at any time.

On this point we islanders place our trust and confidence.

The Lord give that we simple people are not deceived in this.

Finally, it is stated the inhabitants enjoy entire personal liberty, they are exempt from

the military services required by Continental governments.

They need not serve in the army and navy.

They must know their duty to contribute towards their own wants.

The Government requires, neither services nor money, but only wishes that they are governed justly and mildly, and that in obedience to the laws and the prosecution of their various businesses they are not disturbed by unnecessary agitation, so that they may enjoy the full fruits of their diligence, and thereby improve their lot at home.

To this we reply that personal liberty cannot be talked of where a citizen is not even permitted to come forward in support of his guaranteed rights, and where the Government even applied its military powers to suppress this personal liberty.

If it is stated that the Heligolander is exempt from public burdens required by the other Continental governments from their subjects, it need only be answered that the Island of Heligoland is a small rock in the middle of the sea incapable of yielding any production, and that the inhabitants, in danger of their lives, with difficulty earn their daily and scanty bread by fishing and sailing on the sea.

--

The fishing has been so bad for the last years that the poor fishermen have earned little or nothing.

The bathing, which has been brought to its flourishing state by Germany, has become a new resource to the island, else the inhabitants would have been entirely impoverished unless England had offered her supporting hand.

A contribution, therefore, from the inhabitants towards the State, to whom they have been annexed under certain bonâ-fide conditions, through the power of circumstances, certainly cannot be talked of.

E 2