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No. 1.

No. 2.

No. 3.

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No. 9.

GOVERNOR LIEUTENANT-COLONEL MAXSE, C.M.G., to HIS GRACE THE DUKE OF BUCKINGHAM AND CHANDOS.,

MY LORD Duke,

(Received September 26, 1867.) Heligoland, 21st September 1867. I REGRET to have to trouble your Grace with another memorial from the persons whom your Grace addressed on board H.M.S. "Enchantress."

2. Your Grace will observe that the whole tenor of the memorial shows that these persons have not paid the slightest attention to the words of the Secretary of State; in fact the present paper is simply a repetition of the former so-called Bürger Committee's

Memorial.

3. The only change is the omission of one signature, that of Mr. P. A. Heikens, whom your Grace will recollect was the leader and president of the former so-called Bürger Committee.

4. I am very happy to be able to report that this person has, since your Grace's visit, done everything in his power to induce his former colleagues to adopt a sensible and peaceful course.

5. Mr. Heikens, however, is the only one of these persons who chooses to understand the very distinct words of the Secretary of State as regards the position of affairs; he has consequently refused to append his signature to the present document, which he naturally sees is calculated to give the worst possible impression to Her Majesty's Government.

6. I hare also the honour to append an extract from the minutes of the proceedings of the Combined Court, by which your Grace will observe that the Legislative Council totally disapprove of the proceeding of the other half of the House.

7. I may here add that all the more respectable inhabitants do so likewise, but as is usual in such very closed communities no one likes to take a really energetic course on the subject.

8. The consequence is that these persons, the signers of the present paper, having by whatever means they have used-whether by constant petitions or false reports-suc creded so far in the abolition of taxation, they are supposed to be completely successful, and are supported accordingly.

9. This is much to be deplored, and your Grace can understand the difficulty of the situation, as a dissolution would be useless in the face of what is considered by the poorer class a great success.

10. The signers of the present paper, many of whom have themselves not paid their taxes for 1866, have incurred considerable expense in getting up the late Bürger Memorial, and after an ineffectual application to myself that Her Majesty's Government should pay these expenses, they hope by renewed agitation to get something out of their supporters, or at all events to shelve the question.

11. The desire and the advice of my Executive Council and the opinion of the better class of inhabitants are that the question of taxation should be allowed to remain dormant till next January, and that the present elected members should remain in for their natural term.

י

12. They think that, under such circumstances, another House would be elected. 13. I cannot agree in this conclusion as the success which would have so far crowned the efforts of these persons would ensure their re-election.

14. With regard to the complaint about the Quartermasters, I need, I trust, hardly report to your Grace that the charge of illegality in their nomination is totally false, and only one of the many evasions on the part of these persons to escape their duties as regards taxation.

15. The Quartermasters, who are the police of the island,-and most inefficient they are as your Grace had unfortunately a personal opportunity of knowing, were formerly appointed by the Governor on the nomination of the six Rathsmanner, they were never elected by the people.

16. The 17th paragraph of the present Constitution clearly places their nomination at present in the hands of the Governor.

17. I beg further to append, for your Grace's perusal, a letter which I have received from the signers of the present memorial.

18. It has been the official custom of my predecessors to require two copies of any petition to the Secretary of State, which, indeed, is one less than required by para-

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graph 218 of the Colonial Regulations; my predecessors also invariably required such

copies to sent in English.

19. With regard to the latter point, and with a wish to expedite the paper of any memorialist not sufficiently acquainted with English at a moment when a new state of things was being introduced, I have not insisted upon an English copy.

20. With the official rules on the subject of correspondence with the Secretary of State the Heligolanders are unfortunately only too well acquainted, as the Colonial Office was as much attacked with petitions against the former state of things and the old six Rathsleute, as they have been lately by the so-called Burger Committee.

21. On the receipt of the present paper the Government Secretary requested in my name a second copy to which request no answer whatever was returned.

22. After the lapse of a few days I wrote myself to those persons, reminding them of

the official rule, and stating my impression that the omission of an answer to the Govern. ment Secretary's letter must have arisen from inadvertence.

23. The letter which I have the honour now to enclose is the answer which was returned to my communication.

24. My strict duty would have been to refuse to forward the memorial until the usual rule had been complied with, but such a course would have been open to false represen- tations on the part of these persons to their supporters.

25. I have, therefore, informed these persons that I shall forward their petition together with a copy of their letter to me for your Grace's consideration.

26. If I may be permitted respectfully to suggest a course to your Grace, as regards the present paper, I would advise a simple reference on your Grace's part to the clear and distinct declaration of your Grace to the Combined Court this year, which has been printed and laid on the table.

27. I would, however, respectfully request that your Grace would be kind enough to express your dissatisfaction with the style of letter which these persons have addressed to the Governor, in answer to an official request.

28. I am happy, in conclusion, to be able to report that there is a strong party on the island growing up against these persons who, at present, as I have had the honour to state, are supposed by the poorer class to have met with no rebuff and to have successfully evaded the taxation question.

29. When it is seen by these persons that the question of the play-tables, &c. is really and practically to be carried out, and that there can be no more shuffling out of the matter of the taxes, I by no means despair of bringing matters to a quiet and satisfactory conclusion.

30. It will at all events be then time for me to revert to my former suggestions to your Grace.

I have, &c.

His Grace the Duke of Buckingham and Chandos,

&c.

&c.

&c.

Inclosure 1 in No. 9.

London.

FITZ MAXSE,

Lieutenant-Colonel, &c.

TO HIS GRACE THE DUKE OF BUCKINGHAM AND CHANDOS, Minister of the Colonies,

MOST ILLUSTRIOUS DUKE,

Heligoland, 24th August 1867.

YOUR presence in the island raised a joyful hope that at last a change in our constitutional affairs would take place, which in truth is the only way to lead back the Bürgers to their former peaceful domestic quiet

We regret, however, that we must with sorrow acknowledge that this has not been the case, as the renewed proceedings of the Governor during the last weeks, which will be referred to later in the pages, show too clearly that the arbitrariness formerly stated in the "Bürger petition" continues in the same degree as before.

All the promises of the British Government, on which point Commander Falkland on board the ship "Quebec," at Heligoland on the 80th of August 1807 thus speaks:

"That the inhabitants of the island may rest assured that the Bürgers under the protection of his Britannic Majesty will enjoy the free right to exercise their rights and privileges,' and further that they would for the future enjoy more privileges and freedom as liad not as yet fallen to their lot, have

not turned out to be true."

Even the privileges accorded in Article 4 of the Treaty of Surrender, and signed by Lord Falkland and Lieutenant d'Auvergne on the one side, and by Major von Zeska on the other, and ratified by Admiral Russel on the 5th of September 1807 have not been respected in the least degree by the British Government.

39499.

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