HC Deb 20 July 1860 vol 159 cc2247-57
MR. EDWIN JAMES

said, he wished to divert the House to more harmonious topics. Hon. Members would probably not be sorry to stop a discussion of a most unfortunate character, and which he thought was not calculated to increase the public respect for this House. He had given notice of a question which involved the comfort and convenience of many thousands of the inhabitants of the Metropolis, and the House would probably allow him shortly to direct their attention to the subject. He referred to the encroachment which, under the direction of the First Commissioner of Works, had been made upon the tranquillity and privacy of Kensington Gardens. Some few days since the inhabitants of that portion of the Metropolis were very much surprised to find a road staked out in those gardens with a large number of iron hurdles. At first they thought it was the contemplated road between Tyburnia and Belgravia, so much desired for the accommodation of the public; but it turned out that the right hon. Gentleman had merely apportioned that strip of ground for the convenience of equestrians, male and female, more especially lawyers and doctors. The right hon. Gentleman said it would enliven the neighbourhood if they had an opportunity of seeing lawyers and doctors riding there for exercise; and, he added, that those persons, when they did ride, were obliged, their time being limited, to ride as fast as they could. Now, if there was one thing calculated to make a man feel the reverse of lively, it wa3 the sight of a lawyer on horseback. Sedentary people, it had been observed, seldom had a good seat, and, to employ a legal phrase, he might say that a lawyer had never entered into a covenant for quiet enjoyment with the animal on whose back he was mounted. To such persons mischievous boys were in the habit of saying, "Don't you think, Sir, you would be more comfortable if you were to get inside?" Equestrian lawyers, therefore, were the last persons in the world calculated to excite admiration, which was one of the grounds mentioned by the right hon. Gentleman for the formation of this new ride. As to doctors, he believed they very seldom rode; but he was quite sure that they would henceforth frequent this spot on the chance of the accidents which could certainly occur there. An important memorial against the road had already been presented by the inhabitants, and a deputation had waited on the right hon. Gentleman. Their remonstrance against the innovation was based on no vulgar feeling, as between pedestrians and equestrians, the lower orders and the upper ten thousand. The memorial was signed by 1,500 of some of the wealthiest inhabitants of the neighbourhood; and the deputation was attended by merchants and gentlemen of position, headed by an able Judge, the Recorder of London. They stated that they remonstrated on account of the threatened interference with the tranquillity of these gardens; and as an instance, it was mentioned that the very day before two large dogs were noticed which were following some persons on horseback, and which, having got through the hurdles, frightened almost into convulsions some of the small children who were playing there at the time. The reply of the right hon. Gentleman was, "I will take care it is put a stop to; and I will put a green man," was the right hon. Gentleman's expression, "to see that no dogs shall be running about." It would be a very green man, indeed, who would attempt to interfere with a large St. Bernard mastiff, or a deerhound which might be following his master at full speed up the ride. Another argument used by the right hon. Gentleman was, that persons on foot like to see the riders. But what was the answer of those who desired to retain the privacy of the gardens? They said, "Let those who like to see the riders go to that part where thousands of persons with such tastes do go, Rotten Row." There they could see doctors, lawyers, and the more accomplished equestrian, who— With one heel insidiously aside, Provokes the caper he pretends to chide. But those who wanted to send their children to the gardens in safety were not those who wanted to see riders. He had given notice that he should ask the right hon. Gentleman whether Her Majesty had given her sanction to a ride being formed in Kensington Gardens, and as he was extremely unwilling to bring that illustrious name unnecessarily into any subject of debate, he would state his reason for putting the question. Those gardens had always been considered as the property of the Crown, and they had always been devoted to the use of pedestrians. As far hack as 1705 they read of the fact that Sir Isaac Newton wandered there during the latter part of his life, and died in the neighbourhood; Crabbe wrote many of his poems there; Mill, the Indian historian, availed himself of their privacy; Her Majesty drew her first breath in Kensington Palace; she there held her first Council, which had been described in the gorgeous language of the author of Sybil. The public therefore naturally believed that the gardens were more particularly the property of the Crown. No monarch had ever been more solicitous for the comfort and convenience of her subjects than her gracious Majesty; and he thought the right hon. Gentleman was bound to state to the House whether before taking any step he had obtained the sanction of the Sovereign. The noble Lord the Member for Middlesex (Lord Enfield) in introducing a deputation, put a question to the right hon. Gentleman, who gave an answer that was perfectly astonishing. The noble Lord asked whether the right hon. Gentleman had received any applications from anybody before he made this encroachment, and the answer was there had been no applications. Then at whose suggestion had it been done? Applications for similar encroachments had been made to former Commissioners of Works, and they had uniformly refused them. In 1851, a ride was made for equestrians out of Kensington Gardens, but that was only because a large portion of the space which had been long appropriated to equestrians was occupied by the Exhibition building. Upon that occasion a great movement took place, and a deputation waited upon Lord Seymour, who gave a pledge that when the Crystal Palace was removed the new ride should be discontinued. In the present instance he thought the public had some right to complain that the right hon. Gentleman, from some motives of ambition, perhaps, that he might do something in his ædileship which former First Commissioners had not ventured to do, that was, take away from pedestrians a large portion of Kensington Gardens, upon the plea that equestrians had not already a sufficient space for exercise. A more fallacious plea could not be urged. At present an equestrian could start from the bottom of Great George Street, along Birdcage Walk, up Constitution Hill, gallop up and down Rotten Row as much as he pleased, and then could make the circuit of the Park, which would afford an amount of exercise amply sufficient for any doctor or lawyer, or more than most of them could endure. The right hon. Gentleman had done an act which was much to be regretted, and which it was to be hoped upon reconsideration he would undo, It was unpleasant to suggest anything that could wound the amour propre of any official, but the right hon. Gentleman had so many brilliant examples among his colleagues in the Government, of how easy it was to withdraw measures, that he might now feel inclined to withdraw the iron hurdles in Kensington Gardens. He hoped the right hon. Gentleman would seriously reconsider the question, and having had the discomfort and inconvenience which his plan would create explained to him, would not persist in a scheme which was so objectionable. He would conclude by asking whether the First Commissioner of Works had obtained the sanction of the Crown to take a portion of Kensington Gardens before setting out the Road for Equestrians, which has been done under his direction.

MR. HUBBARD

said, he should have imagined, from the energy displayed by the hon. and learned Member, that the subject he brought under the notice of the House was some grave constitutional question, instead of an attack upon an arrangement which during the last ten days had been a source of enjoyment to himself (Mr. Hubbard), and his family. He had inquired of the police and park-keepers, who ridiculed the idea of danger to any one from the ride being made there, and stated that not a single child had been run over. The only difficulty was, as he was told, that some of the ladies' crinolines would not pass through the openings between the hurdles. The police and keepers also told him that before the rails were put up they never saw any persons crossing in that direction. It was a great convenience for equestrians, but he could not support it if he believed that it would cause any inconvenience or danger to pedestrians.

VISCOUNT ENFIELD

said, that with all due respect to the hon. Member who spoke last, he did not think that the "green men" were the best judges upon this question. There was not the slightest wish to encroach upon that portion of the Park which had for very many years been enjoyed by equestrians, but those whom he represented thought the rights of pedestrians should be equally sacred. The deputation that waited upon the right hon. Gentleman the day before was composed of most respectable gentlemen who lived in the neighbourhood, some for many years. It was no vulgar cry against the "upper ten thousand," but it was a question whether the inhabitants of that most respectable neighbourhood, who had for years enjoyed the comfort, the safety, and the privacy of Kensington Gardens, were now to be deprived of that enjoyment. The right hon. Gentleman had shown in many Metropolitan improvements so much desire to meet the wishes of the public, that it was to be hoped he would reconsider his decision on the present occasion, and not persist in a scheme which no one appeared to have asked for. If the right hon. Gentleman could show that representations had been made to him that the safety and convenience of equestrians demanded the formation of a new ride, he (Lord Enfield), although he might deplore the conclusion arrived at, would not say anything against it; but if no such representations had been made to him, he hoped the right hon. Gentleman would reconsider the matter, and, frankly admitting that he had committed an error of judgment, would in a short time restore Kensington Gardens to the same condition in which they were a few weeks since.

SIR JOHN PAKINGTON

—Having visited the spot to ascertain what grounds there are for complaint, I am bound to say that I believe there is no reasonable foundation for objection, and, in fact, I for one feel extremely obliged to the right hon. Gentleman. The noble Lord asked whether the ride has been made in consequence of any petitions for it. But however that might be, I am quite sure that numerously-signed petitions could be soon obtained against the removal of the ride. Looking dispassionately at the arrangements that have been made, I am bound to say they are such as to leave not the slightest ground of reasonable complaint. There is no obstruction, for every twenty yards there are openings in the hurdles, through which persons can pass, and to say that the number of horses that will be found there will cause any obstruction is pure nonsense. The hon. and learned Gentleman tells us that in 1851 Kensington Gardens were opened temporarily for equestrians, but the arrangement then was totally different. The ride then was across the very centre of the gardens; and when he speaks of the large space taken away from pedestrians, I beg to say, as the result of my observation, that no space at all has been taken from them. The ride, such as it is, is very narrow; it is round the external margin of the gardens, and there still remains a very large space entirely unencroached upon for those who frequent the gardens on foot. The hon. and learned Gentleman talks of the privacy of the gardens, and certainly there is privacy, for when I have been there I have scarcely seen any one. But, practically the result of this innovation is, that where there was one pedestrian before, you will now find ten drawn thither to enjoy the increased liveliness of the gardens caused by this ride. I think it is a most rational and acceptable addition to the enjoyment of that portion of the public who take horse exercise, without detracting one iota from pedestrians; and I earnestly hope that the right hon. Gentleman will not be deterred by what appears a most unreasonable outcry from allowing those who take exercise on horseback to continue it.

COLONEL DICKSON

said, he did not think this subject worthy the consideration of the House. The opposition had originated with a few locally interested parties, who forgot that the First Commissioner of Woods and Forests possessed his authority not for the benefit of any particular section of the inhabitants of the Metropolis alone, but for those also from distant parts of the country who were obliged to spend a certain number of months every year in London. He wished to impress on the right hon. Gentleman that he was acting for the benefit of the whole community, and in the height of the London season this ride was the only place where equestrians could take exercise. There was not sufficient room anywhere else, for equestrians had increased three or fourfold within the last six or seven years.

MR. COWPER

said, he had no hesitation in saying he had not made this opening into Kensington Gardens in consequence of any representations that were made to him by any person whatever; and he took on himself the responsibility of originating it. It originated thus:—He thought in the management of the Parks intrusted to him, it was his duty to follow the maxim of seeking the greatest happiness of the greatest number; and observing the great number of persons who derived enjoyment in Hyde Park, from sitting in chairs, and watching the horses in Rotten Row, and also those in carriages who were amused in the same way, it occurred to him that the enjoyment and recreation of the public would be promoted by giving similar facilities for conjunctions of riders and walkers in some of those very beautiful portions of that magnificent area of Kensington Gardens, which were little frequented, and to a small extent subserved the recreation and amusement of the public. On a careful examination of the gardens, it appeared to him that if riders when they reached the western end of Rotten Row were enabled to pass through one of those avenues, which confessedly were not much frequented, although near the great broad walk, he should enable a larger number of persons to receive enjoyment and recreation from the western end of Kensington Gardens. Then by carrying the ride along the northern edge of Kensington Gardens, which was not used, he would enable persons who wished to ride from Bayswater to Kensington to have the advantage of a communication through these avenues. He fixed the hurdles in a temporary manner, he made no new gates, he incurred no expense. What had been done was manifestly in its nature temporary. The ride could only be open during the summer months. In its present state it would hardly be safe for horses in winter. When the time came for closing the ride at the end of the season he thought he should be able to ascertain what was really the preponderance of public opinion on the subject, so as to guide the person who occupied the office he now filled in deciding whether it would be right again to give the public the advantage and enjoyment of that ride in summer. Now, as far as he had been able to observe, he thought the preponderance, certainly of reason, was much in favour of the ride. The argument against it was that it interfered with the quiet and retirement of persons who had hitherto frequented that portion of the gardens. He could only say that if some few solitary persons who desired to be alone were prevented from pursuing their quiet meditations in that particular avenue, on account of the admittance of horses, there was ample space in the 300 acres of Kensington Gardens where they could still find themselves beyond the sound of the trampling of horses; but he thought it very doubtful whether the passage of persons on horseback did at all interfere with the quiet enjoyment of pedestrians. He felt that there would be great objection to bringing the traffic of the town through such a place as Kensington Gardens. He certainly should not desire to see any portion of Kensington Gardens, in its present condition, used for business purposes. He thought the uses of the Park were mainly for the enjoyment and recreation of the public, and such should be the primary object. The objections founded on the assumed interference with the privacy and quiet of the gardens proceeded mainly from the inhabitants of the immediate neighbourhood of the western end of Kensington Gardens; it was from some of them he had what he thought a strange remonstrance. They spoke of the ride as an invasion of their rights. Not content to regard it as a simple affair of public convenience and enjoyment, they joined with persons who were trying to swell the matter into a great social and political question. But when he asked what rights had been invaded, he could get no answer. The residents in Notting-hill and Kensington assumed that they had some privileged and exclusive right in the gardens; and the exclusion of all but pedestrians would practically exclude those who lived too far off to frequent the gardens on foot, but who could easily reach them by riding. Now, he asked by what right did they seek to exclude those who took exercise on horseback? The grounds were maintained by grants from the public money. The inhabitants of Kensington had no more right to them, either by payment or in any other way than any other portion of the public. The soil was the property of the Queen, and the money spent in maintain- ing them was public money. It was difficult, therefore, to make out that by admitting the general public on horseback there could be an invasion of anybody's rights. He was told there had been three indignation meetings, at which it was insisted that this was a great invasion of the liberty of the subject. There were, as they all knew, in many parishes men whose only chance of becoming politicians and orators, and of obtaining vestry honours, lay in discovering some unknown grievance and in declaiming against the bloated, pampered, heartless aristocracy. But, he did not believe that when a man was rich enough to keep a horse, he necessarily became less regardful of the wants of the poor; and to endeavour to raise class against class in connection with this affair was manifestly preposterous. They read in ancient history of an equestrian order being opposed to the plebeian order; but happily in England any person with 10s. in his pocket and a little leisure might belong to the equestrian order and enjoy the ride. There was no real antagonism between riders and walkers. On the contrary, he maintained that they mutually promoted and assisted each other's amusement. Since riders had been admitted to Kensington Gardens a large number of persons had gone there to look at them. It was urged that the new regulation was a matter of exclusion, but surely that exclusion would be on the part of those who would refuse admission to the riders. The grounds ought to be open to the enjoyment of the public in the best and most agreeable way; and the burden of proof lay with those who wished to exclude the riding public. Again, it was said the picturesque character of the gardens was injured; but he appealed to any judge of picturesque effect whether, on the contrary, the presence of equestrians did not add considerably to the beauty of the scene. But the objection that was most pressed was the danger occasioned to children, nursery-maids, and ladies in crossing the ride on foot. He would be the last person to wish to gratify the riders if there were any ground for this apprehension, but the danger seemed to be rather imaginary, inasmuch as the children and nurses who were to be exposed to the risk of crossing the ride had at present to cross the omnibus and carriage roads before they could enter the gardens. Rotten Row was crossed by thousands of children every summer's day in passing from Belgravia to Hyde Park, and yet, as far as he knew, not a single accident had occurred in Rotten Row. If, however, the residents in the neighbourhood really believed in the existence of this danger, it might easily be obviated by erecting some light bridge by which children and their nurses might cross the space devoted to riders. He would rather like to see such a bridge, not because any child or nurse would ever go over it, but because it would stand as a monument of the visionary character of these apprehensions. It was true that there had been a memorial against the ride signed by 1,500 persons, but a counter memorial was also announced in its favour. He knew from casual intercourse and other means of information that large numbers of people who went into the gardens on foot were very thankful to have a dull portion of the grounds converted into an amusing scene, and he had heard persons say they used to take the trouble of going a mile and a half to see the riders, whereas they now had them brought close to them. It could not be denied that Englishmen and Englishwomen took pleasure in seeing equestrians, even when they did not ride themselves; and when the hon. and learned Gentleman disclaimed any desire on the part of the legal profession to share in this exercise, he was only sorry that that profession should have so degenerated. The Judges and the Bar used to ride on circuit and to Westminster Hall, and when the Lord Chancellor and the Lord Chief Justice, made their appearance on horseback in Rotten Row, their equestrianism did no discredit to the profession of which they were distinguished ornaments. He had spoken of the lawyer and the medical man only as types of that large body of hardworking men whose health and general welfare were of the utmost importance to the community, and who were obliged to take their horse exercise either early in the morning or late in the afternoon in Hyde Park. He did not allude only to Members of that House, but to the mercantile and professional classes of the Metropolis generally; and if they could have the pleasure of seeing the beauty of Kensington Gardens, without injury to any other class, he thought it was his duty, if possible, to extend to them that advantage.

SIR JOHN SHELLEY

said, that the right hon. Gentleman the First Commissioner of Works had no right to say that those who had made representations to him upon the subject of the new ride in Ken- sington Gardens were actuated by a desire for vestry renown. The deputation which waited upon the right hon. Gentleman was headed by the Recorder of the City of London; and the time for the signature of the memorial had been limited in order to anticipate, and, if possible, prevent any agitation out of doors. He believed that the right hon. Gentleman had made this alteration under the impression that it would excite no opposition, but, as it would undoubtedly do so, he trusted that his right hon. Friend would at once reconsider the decision at which he had arrived. Of all the miserable places which he ever saw, the ride, which was now a swamp, and in dry weather became so hard that no one could ride upon it, was the worst. It was altogether a mistake, and the sooner things were restored to their original condition the better.