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that if that had been intended, no course | surely one word of regret-such words of conduct could have been more suit- cost gentlemen little-one assurance that able. I said, in considering upon the no discourtesy was meant on the part subject, that Government substantially of the Minister whose acts caused the endorsed the views of the First Com- offence, and under whom Dr. Hooker missioner, and, with one exception, that continues, would have answered the purview of the case is not altered by the pose. But for any such expression I Minute of the Treasury within five days look in vain. Again, the Minute declares ago, and published last Saturday. I that in future readily admit that the tone of that document is far more-it could not well be less so conciliatory than that of the Correspondence which led to it; and it is not an unfair inference, if I express my conviction that that change of tone has been mainly due-adopted as it was at the very last hour-to the expression of public feeling to which I have re-admitting the justice of his protestferred. For the first time in these Papers I find something like a recognition that public gratitude and consideration is due

to Dr. Hooker. For the first time an attempt is made to define the position which he is to hold under the Office of Works. For the first time there is an admission that,

"adverting to the facts contained in the Memorandum of the First Commissioner, they are not surprised that in various cases Dr. Hooker should have thought that he had just cause of complaint."

"no alterations in existing arrangements in the scientific branch of the department shall be made without the Director's concurrence." Well, that is something; it is a guarantee. But then, if you have virtually admitted, by giving this guarantee, that Dr. Hooker was right in his claim, I think a few words might have been said

which never has been admitted-against the act of interference about which he originally complained. Again, the Minute

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"My Lords do not consider that it would be conducive either to the public advantage or the maintenance of that good and friendly feeling which they are anxious to see prevailing in every public Department, if in closing this correspondence they were to go in detail into the cases where any disagreement has taken place between the First Commissioner and the Director." In their own interest, if they meant to My Lords, why has even that scanty support the First Commissioner, they amount of justice been so long delayed? are undoubtedly wise; but it seems to Has not the most serious part of the me rather hard and rather strange that case been for months before the Trea- a servant of Government asking redress sury; and has not an unusual space for an injury is to be told-" We do not elapsed between the time that the Papers know whether you have been ill-used were moved for and the time they were or not, and we shall not care to inlaid on the Table? And is it not per- quire." A very summary way of disfectly clear that this Minute, written in posing of complaints, but more convethe immediate expectation of Parliamen-nient to the tribunals than satisfactory to tary discussion, is only an attempt to the applicants. But there is a more smooth matters over a very little for substantial grievance left the Minute Dr. Hooker, and a great deal for the does not do what Dr. Hooker asked; public? But is it a reparation? Not it does not replace him in the position in one instance does the Minute admit in which he stood before these controthat Dr. Hooker has had a cause of com- versies arose. He has hitherto had the plaint, only that the writers are not sur- sole and, practically, uncontrolled direcprised that he should have thought so. tion of these Gardens, within certain A very ambiguous phrase. So far from limits of expense. What is proposed conciliating, it may be taken as exactly now is that he shall have one-half of the reverse. It is open to be read as them left in his hands-the "Departimplying-"We see that you are a ment of Botany," as it is called in the touchy, irritable sort of person, always Minute; and that the other half shall raising grievances, and, being so, it is be taken directly into the hands of the not surprising you should have made a First Commissioner, giving his orders to grievance out of this." ["Hear, hear!"] the Curator through the Director, which I hope that is not the meaning. I do is not practically the system which had not believe it is. But if anything in prevailed up to the time of the present the way of conciliation was intended, Ministry; and though, of course, the

power rests with the Executive in such matters, yet I think it very doubtful whether you will retain the services of Dr. Hooker on those terms. The redress you give him is this-that having taken all power out of his hands, you now, with various complimentary phrases, give him back half. One word more. I may be asked why, if I feel so strongly on this matter, I do not take the decision of the House upon it? That is the course which I should have preferred, but for two reasons-one, the time of year, never favourable in this House to Motions of this kind; the other, that I understand the matter is on the point of being discussed in the branch of the Legislature which has financial control over the Board of Works. If the action of the Government is there condemned, our vote is superfluous; if otherwise, there is always a disadvantage in opposite views being taken of the same subject by the two Houses. My wish in the matter is merely that justice may be done. I have endeavoured to call the attention of the House and of the country to proceedings which I think it would be discreditable to Parliament not to notice, and I shall heartily rejoice if by any interpretation that can be put upon them those proceedings can be made to bear a less painful character than that in which they appear to me.

THE DUKE OF ST. ALBANS said, he regretted that such a discussion as that should have arisen in their Lordships' House, and he further regretted that he must address himself to the subject without the ability, weight, or Parliamentary experience of the noble Earl who had just spoken. Their Lordships were, no doubt, aware that, though in their Lordships' House he had for some time been accustomed to answer Questions with reference to the business of the office of the First Commissioner, he had nothing to do with the administration of the Department. He would ask their Lordships to consider, in the first place, the comparative positions of the two parties to this dispute. On the one hand there was a Gentleman who, by a long course of energetic action in political life, had evoked no small amount of party antagonism; on the other was a gentleman who had led a life devoted to science, and who found none but friends to view his proceedings. The name of Mr. Ayrton was as a red flag to some

politicians. The noble Earl had read to their Lordships the names of the memorialists in favour of Dr. Hooker. From such men even blame itself might be regarded as a distinction, but he could not help noticing an omission in the list of memorialists. He observed that the distinguished name of Professor Owen was not among them. He must ask their Lordships now, justly and impartially, to consider the less popular side, and he need not say that in treating the matter he felt a very great difficulty lest he should wound the feelings of a gentleman whose nature was as sensitively delicate as that of any of the plants under his care. But first he wished to allude to a statement not referred to in the Papers which had been produced on the subject-namely, that two important letters which had been received at the Office of Works had been forwarded to the Director. He wished to say that these letters came to the Office officially, and, like other letters, they were forwarded to the Director of Kew Gardens. There was no reason why an exception should be made in respect of those letters. But the fact was, that once an unfortunate misunderstanding had arisen, things which otherwise would be taken in the natural course of business assumed a new and extraordinary appearance. The Department of Botany, as stated in the Memorandum of the First Commissioner, was under the immediate direction and control of the Director of Kew Gardens, assisted by a special staff of officers. It comprised the Botanic Museum and Library, the collection and interchange of botanical specimens, whether for the Herbarium or for cultivation, and all other matters pertaining to the pursuit of botanical science. The Department of Horticulture was under the immediate direction of the Curator, subject to the orders and control of the Director as the responsible head. The Curator carried on the cultivation of the Gardens, with a large staff of gardeners and workmen. Hooker, having for some years held the office of Assistant Director, was appointed Director in 1865, by a letter from the First Commissioner, enjoining him to give his whole time to the business of the office, and to observe strictly such orders as he might receive from the First Commissioner. The noble Earl had stated that Dr. Hooker had received

Dr.

after I became First Commissioner I visited the

"I think it necessary again to call your attention to the present state of the Gardens at Kew, which I do not consider at all satisfactory. Soon Gardens and pointed out to you the very bad condition of the walks, the coarse appearance of the grass, and the very insufficient supply of flowers for the beds. Hardly any preparation had been made for filling the beds this year by providing cuttings; and when I desired to have a few might look more gay in the vicinity of the Palmhouse, I was told that there were not cuttings enough to plant out, upon which I directed that the new beds should be filled with annuals. In short, there was little, scarcely any, preparation made, and when I was at the Gardens a few days ago I was informed that very little had been done in the way of making provision for next summer. I also saw that the walks were in a very bad state; the day was wet, and I was thus better able to judge of their condition than if it had been fine,

more flower beds, in order that the Gardens

various slights during the administration to look over the horticultural works, and of the present First Commissioner of to advise as to "the best means of reWorks. But it would be his business medying defects" and "economizing of now to show that it was necessary that fuel." He had endeavoured by these proper supervision should be exercised short references to show that the First over the management of those Gardens. Commissioner has always exercised a In page 74 of the Correspondence, Sir certain legal power over the Director of Benjamin Hall, then First Commissioner, Kew Gardens. In addition to that, Prowriting to Sir William Hooker, father fessor Owen had also complained that of Dr. Hooker, on the 5th of October, Kew had done little in the way of pro1856, saidducing new fruits and flowers; whereas it was well known that our choicest cultivated plants had once been weeds. He came now to another point. A complaint had been made about a visit of the First Commissioner to Kew Gardens on a Sunday in December, 1870. But the object of the visit was to ascertain personally whether Mr. Smith was able to fill an independent and separate position as Surveyor of one of the parks in London. The noble Earl had also alluded to the fact that the same person was summoned up to take charge of There was some works in Hyde Park. no doubt of the fact being true. The Superintendent of Hyde Park was ill; there was pressing work to be done there, and naturally the First Commissioner obtained the services of Mr. Smith; but as soon as Dr. Hooker stated that his services could not be dispensed with at Kew, he was sent back to the Gardens. He regretted that he was only able to bring the facts of the case so imperfectly before their Lordships; but he must say that in common fairness Mr. Ayrton ought to be judged, not by the imperfect reports of conversations that had taken place months before, but by the official records in the Office. He might also say that the Office of Works was fully as anxious as the noble Earl opposite or the public could be to retain the services of Dr. Hooker as Director of Kew. It must be clear to all, that under the arrangements now sanctioned his position would be no worse than the one he formerly held under previous First Commissioners of Works. He regretted that Dr. Hooker had allowed the particulars of this unfortunate dispute to be communicated to the public Press, for such a course was not well calculated to uphold the discipline of the Department, nor was it an example that it was desirable to establish in the public service.

...

for I could see the hollows in which the water
stood most clearly. You agreed with me in the
observations made, and you quite acquiesced in
the opinion I expressed, that the condition of the
Gardens was not at all what it ought to be.
The funds provided by Parliament are enormous,
and ample for the purpose; and when I compare
the state and general appearance of the Botanic
Gardens at Edinburgh, and compare them with
those at Kew, and look at the miserable sum of
£1,000 which is expended on the Edinburgh
penses of every kind, I am sorry to say that the
deductions to be drawn are by no means in favour
of Kew; instead of your having a very insufficient
supply of flowers to plant out in the Gardens of
Kew, those Gardens should afford ample supply
for other places, and it is very probable that I
shall require geraniums and other half-hardy
plants to put out in some of the clumps in St.
James's Park and Kensington Gardens next year;
I must, therefore, request that you will have ample
provision. I wish also that the walks may be put
in better order, and the grass kept in a better
state, and that you should plant a large number of
laburnams, lilacs, and other flowering shrubs in
those parts of the Gardens and pleasure grounds
where they can be placed with advantage."

Gardens, which sum covers all salaries and ex

Then, again, in Letter 53, dated June 19, 1867, Lord John Manners appointed Dr. Percy and Mr. William Ingram on a Committee of Inquiry into "the present system of Heating the Houses," and in Letter 49, Mr. Starie, Mr. Smith, Mr. Ormson, and Mr. Weeks were appointed

VISCOUNT HALIFAX said, he had seen with much regret many of the

articles which had appeared in the public
Press on the subject, as they had a
tendency to create a feeling which it
was most desirable to avoid. He also
regretted that they had appeared before
Mr. Ayrton had had the opportunity of
explaining his conduct, and would appeal
to their Lordships, whether the facts of
the case did not assume a very different
footing now that all the particulars were
published? Moreover, it was, in his
opinion, of the greatest importance that
harmony should prevail between the
First Commissioner of Works and the
Director of Kew Gardens. He must
say, however, that he thought Dr. Hooker
was rather apt to take offence, where
none was intended; and that that was
evident, from the fact that, as shown on
the learned Doctor complaining of the
proposed form of estimate to be applied
to the expenditure at Kew, Mr. Ayrton
immediately assented to its modification.
As to the projected employment of Mr.
Smith, there was no necessity to com-
municate with Dr. Hooker, because the
plan which was at one time in contem-
plation was not adopted, and therefore
there was an end of the matter. It was
no doubt to be regretted that the matter
was not mentioned to Dr. Hooker before
Mr. Smith was summoned to London to
assist in Hyde Park; but as soon as
Dr. Hooker remonstrated, Mr. Smith
was sent back to the Gardens. No doubt,
it was also proposed that the construc-
tion of the heating houses should be
entrusted to Mr. Ferguson, but it was
not intended to take the control from
Dr. Hooker. All that was said was,
that whatever was done in respect to
these buildings was to be done under
the Director of Works, Dr. Hooker
being, of course, consulted. The noble
Earl opposite (the Earl of Derby) had
certainly not been just to the Treasury
in respect to the course they had adopted
in this matter. While that Department
had insisted that the First Commissioner
must be supreme, as the Minister respon-
sible to Parliament for the expenditure
of the money voted, they had neverthe-
less dwelt emphatically upon the scientific
eminence of Dr. Hooker and the pecu-
liarity of the position he occupied, and
had said that his recommendation should |
be treated with the greatest respect, and
should never be overruled without strong

reason.

THE EARL OF DERBY remarked that all these expressions of civility on the part of the Treasury dated from a time when a good deal of feeling had been expressed out-of-doors with regard to Dr. Hooker's case.

VISCOUNT HALIFAX said, however that might be, he thought that the scientific part of Kew Gardens, of which Dr. Hooker was the head, formed a very small part of the establishment of Kew Gardens. The greater portion was capable of being managed by a very good gardener, and the care of young trees, the laying out of flower beds, and the preservation of walks did not require any great amount of science. The Treasury Minute of July 24, indeed, seemed to put the whole matter on a proper footing. It said

"It is essential to maintain the superior authority in all respects of the First Commissioner; but the nature of the case makes it evident that this authority should of course be exercised with due regard to the feelings and position of the officers under him. The Botanical Department has been formed by the exertions of Sir W. Hooker and of his son Dr. Hooker. It stands high in the estimation of men of science both here and abroad, and both these eminent men are entitled to the gratitude of the country for their services in this department of science. In all matters connected with this department of the establishment, whether as regards the hot-houses, buildings, or the cultivation of shrubs and plants should be followed, subject only to the considerafor botanical purposes, the opinion of Dr. Hooker tion of expense. It is for him to represent to the First Commissioner what he considers necessary for the advancement of botanical science, and it is then for the First Commissioner and the Treasury to determine whether the expense necessary for the purpose shall be incurred. No alterations in existing arrangements in the scientific branch of the Department should be made without the The actual execution of Director's concurrence. the works to be undertaken must be under the direction of the proper officer of the Office of

With

Works, but the opinion of the Director of the
Gardens should be taken as to the efficiency of
what it is proposed to do, and any requisition of
tion of the valuable plants in the houses should
his for work or repairs necessary for the preserva-
on all occasions receive prompt attention.
regard to those parts of the grounds which are
not used for the purpose of botanical science, but
as nursery grounds or pleasure grounds, it will
such directions as he may think advisable. My
be the office of the First Commissioner to give
Lords, however, think it desirable that even on
these points he should communicate with the
Director of the Gardens, through whom, as head
of the establishment, all orders to the Curator and
to other subordinate officers should, in regular
course be conveyed. My Lords gather from the
Memorandum of the First Commissioner that,
speaking generally, the business connected with

adverting to the facts contained in the Memorandum of the First Commissioner, they are not surprised that in various cases Dr. Hooker should have thought that he had just cause of complaint, though this may have grown in some instances out of arrangements for which the First Commissioner was not responsible, and in others they learn from the Memorandum of the First Commissioner that the cause of complaint has been removed. My Lords see no reason why under these conditions there should be any serious difficulty in discharging the respective duties of the First Commissioner and of the Director of the Gardens in a manner satisfactory to both, whoever may be the occupants of those offices, maintaining the proper authority of the First Commissioner, with due regard to the position and character of the Director of the Gardens."

Kew Gardens has been conducted in accordance | office of Chancellor of the Exchequer with the views thus entertained by their Lord- and the strings of the public purse at the ships. My Lords do not consider that it would be conducive either to the public advantage or to same time was similarly situated and the maintenance of that good and friendly feeling was similarly unpopular. Now, Mr. which they are anxious to see prevailing in every Lowe was a most agreeable man in pripublic department, if, in closing this correspond- vate life; but he must say from expeence, they were to go in detail into the cases rience that few persons would desire to where any disagreement has taken place between the First Commissioner and the Director. But see Mr. Lowe on public business twice if they could avoid it. It would be in their Lordships' recollection that the outcry of a portion of the Press against Mr. Ayrton began with his struggle with the architect of the Houses of Parliament. Mr. Ayrton succeeded in emancipating the Parliament Houses from the lien established upon them by the architect, under the rules of the Architects' Trade Union, and thereby saved a large portion of the public money. His good services on that occasion were recognized and applauded by the leading journal, which went so far in speaking of the architect as to use the term 66 artistic morality," which was hard upon the artists, who had not deserved this, although it fully applied to the architect in question and to others. He did not think that anything in the Blue Book justified an attack upon an excellent public servant, especially in their Lordships' House, where he not only was not present himself, but also where his Department was not represented; for the noble Duke, who had spoken on behalf of the Government (the Duke of St. Albans), had no connection with the Board of Works, and no departmental knowledge of the subject. The necessity for the noble Earl's Motion, however, had been created by the memorial signed by 11 men of science and addressed to the Prime Minister. He did not attach any weight whatever to some of the signatures of that memorial, among other reasons because it had been called forth not by sympathy for Dr. Hooker, nor by ill-will to Mr. Ayrton, but by the fact that Professor Owen, of the British Museum, had expressed the views contained in Appendix No. 3 of the Blue Book-that he had severely critized Dr. Hooker and the Kew Herbarium, and had expressed the desire for its removal to a central botanical museum in London. Professor Owen's name alone was sufficient to array against the Board of Works, which favoured these views, the hostility of some of the leading men who had called for the emancipation of Dr. Hooker from all

The supremacy of Dr. Hooker being thus thoroughly maintained, he most earnestly trusted that the harmony which should exist between the First Commissioner and the Director of Kew Gardens would be perfectly restored, and that Dr. Hooker would feel himself free to continue the devotion of his great acquirements in botanical science to the service of his country and to the preservation of the very valuable collection of plants at those Gardens. Meanwhile, it was well that nothing should be said tending to aggravate any angry feeling on either side.

LORD STANLEY OF ALDERLEY said, he ventured to think that the noble Earl opposite (the Earl of Derby) would not meet with much gratitude from the country for having added this Blue Book to the too large number which already existed, nor from their Lordships individually, for having imposed on them the burden of such tedious reading. He (Lord Stanley of Alderley) disagreed entirely from those who accused Mr. Ayrton of making himself unpopular. From the nature of things, it was not the man, but the office that was unpopular. The Board of Works had to supervise and curtail the expenditure of public money; and if such supervision was carried out with fidelity to the public interests, it must be unpopular among those who were supervised. As an instance, the person who held the

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