The Sun.
London, England, 1847-09-14 00:00:00

RIGHT OF WAY-THE GLEN TILT

AFFAIR.

At the last monthly meeting of the Perth Town
Council the recent interruption in Glen Tilt was
taken up. The following is a report of the proceed-

ings :
Bailie Gasna said he had a motion to make con-
cerning a matter in which both the community of
Perth and the public generally were deeply interested.
He referred to the attempts making to shut up Glen
Tilt, and other roads through the Highland passes,
which had long been open to the public. The mem-
bers of council must all have read in the newspapers
of the conduct of the Duke of Atholl to the Professor
of Botany from Edinburgh and his pupils, whom he
compelled to take a very circuitous route to the inn
at Blair. It appeared, also, that the Duke applied to
some justices of the peace for warrants to commit the
whole party to the Perth gaol, but they had all, very
much to their credit, declined to meddle with the
matter. He had then applied to several writers in
Pitlochrie, who had also refused to interfere. Bailie
Greig had always understood that the public had im-
memorial usage to pass through the glen. He knew
many persons in Perthshire and Inverness-shire who
have enjoyed this privilege upwards of forty years.
Nor was he aware that the Noble Duke's father or
grandfather ever objected to it. In the death of the
latter nobleman the county lost one of the best pa-
triots and benefactors ; for, to love of his country and
great good taste of the picturesque, he has rendered the
Highlands of Perthshire much and justly celebrated.
It might, perhaps, be considered a pity that the pre-
sent Noble Duke was not successful in sending to
gaol these tourists, for an action of damages would
have enlightened the public as to the rights of all par-
ties. It would now be necessary, he presumed, for
the society in Edinburgh to inquire into the matter,
and, if advised, to raise an action of declaration before
the proper court, in which the country will no doubt
take, a great interest. .Before reading the motion he
had prepared, he might say that he was sure no body
of men had a greater, respect for the dignity of the
peerage than this council, and he was sure they would
be the last to intrude themselves on any nobleman's
grotinds ; yet, if it can be established, as has now been
alleged, that.the public have immemorial right of ac-
cess through Glen Tilt, and that the Duke of Atholl
had SQ acted towards these tourists, he could not do a
more serious injury to his order—for the Noble Duke
could but ill afford to lose any popularity he had
in this town and county. The Noble Duke must
also be told, that while his extensive property has its
rights, it has also its `obligations. The community of
this city, as well as all other large towns, which pour
out annually so many tourists, to this part of the
world, are much interested in this case. He would
now move—" That und,rstanding the reports in cir-
culation of the alleged interruption of his Grace the
Duke of Atholl to a number of tourists some days
ago in Glen Tilt, the council is of opinion that this
conduct of the Noble Duke ought to be brought
under the review of the society at Edinburgh for the
protection to the public of ancient roads and path-
ways ; and remit to the Provost's committee to in-
quire into the same, with instructions to them to cor-
respond with the said society on the subject, and to
report."
Bailie WALLACE said he was as much alive to the
great injury sought to be inflicted on the public in
this case as any one could possibly be. He had tra-
velled the road referred to over and over again, and
had, as often as he did so, admired its grandeur and
picture:lue beauty. He regretted exceedingly that
the Duke of Atholl had seen fit to throw impediint nts
in the way of the public in their route through Glen
'Lilt; but he nevertheless doubted whether the coun-
cil should come to a vote on the subject, at least tor
the present. He thought such a proceeding would be
premature. In his opinion, it would be better to wait
until they saw what steps the Edinburgh Association
would'take in the matter. _ _

Mr. DAVIDSON, writer, took the same view of the
subject as Bailie Wallace. He would not justify the
shutting up of the glen ; but he had little doubt that
the statements which had appeared in the public
prints were one-sided, and, as a matter of course,
highly coloured. He moved the previous question.
Mr. TURNBULL thought it entirely out of place in
the Town Council of Perth setting itself up against
the highest nobleman of the county. It was well
known that gentlemen had been at great cost and
trouble in preserving places for deer forests, and it
was not to be thought that students- waniering about
whither they would in such localities, could do so
without destroying the sport of these gentlemen.
Those conversant with the subject knew that the least
inroad upon the privacy of the deer sent these ani-
mals to an entirely different part of the country. It
was doubtless a consideration of this kind that made
the Duke of Atholl say to the Professor and his young
friends what he would not have said in a calmer
mood. He (Mr. Turnbull) regretted to see Glen Tilt
shut up - but he thought the Council should refrain
from meddling with the matter. He seconded Mr.
Davidson's motion. '

Bailie BARLAS said there was no doubt a heavy
grievance here, and one that ought to be looked at
boldly in the face. Instead of this being a question
which was beyond the jurisdiction of the Council, as
some of the previous speakers had hinted, it was, in
his opinion, one upon which popular bodies should
bestow peculiar attention ; and there was no body to
whom the present question applied in a stronger man-
ner than the town Council. of Perth. It was, in
every respect, a local question. Soon the railways at
present in the course of construction in:this quarter,
would vastly increase the number of tourists to the
Highlands, and were they to sit tamely down and see
one of their greatest attractions taken from them, and
that one, too, to which ihe community had an inde-
feasible right from time immemorial ? In his (Bailie
Barlas's) opinion, the present attempt of the Duke
of Atholl to shut out the public from Glen Tilt was
to be attributed to a spirit engendered and fostered
by the game-laws ; and he was persuaded that, had
no such abomination as these laws existed on the
statute•book, the public would never have heard of
such an unwarrantable project. But it was impera-
tively, necessary that they should see what could be
done in the way of inquiring into the right of the
Duke to act as he had done, and to resist him if it
was found he had acted illegally. For this purpose
it was highly desirable that the Council should com•
municate immediately with the Association in Edin-
burgh, with the view of learning the bearings of
such,a question. Bailie Greig, he thought, deserved
the thanks of the community for his movement in
the matter, and he had much pleasure in seconding
his motion.

Mr. TURNBULL—You forget the facilities given by
the Duke of Atholl to visitors who wish to view his
grounds at Dunkeld.
Bailie BARLAS—The Duke pays himself sweetly
for doing so. It was well known that heavy fees
were exacted from every one who visited the Dun-
keln grounds, and that the whole of these fees went
into the Duke's pocket. He (Bailie Barlas) was cer-
tain there was not another Duke in Scotland did the
like. [" These fees, we are informed (says the
Perthshire Advertiser), are as follows :—One person
Ss. 6d., two persons 35., and a shilling a-head for any
greater number. A gentleman told us on Monday
that he had lately paid 7s. for the privilege accorded
to the party with which he was connected.]
Mr. SHEDDER also thought the Council were under
obligations to Bailie Greig for having brought this
matter forward.

Bailie WALLACE did not rise for the purpose of un-
necessarily prolonging the discussion, but he could
say, from good authority, that there were frequent
complaints, by strangers, in regard to the stated
charges made for viewing the grounds of Dunkeld.
It was but the other day an English gentleman so
expressed himself to him (Rae Wallace). Now,
this contrasted but ill with the liberality of Sir Wil-
liam Drutntnond Stewart and other proprietors,
where strangers are permitted freely to visit their
beautiful grounds. It = was to be regretted that any
tax should be exacted, because it would no doubt, to
a certain extent, prevent the influx of strangers, who
do so much good by visiting such a beautiful locality.
Mr. W. Imam did not think the Council was by
any means exceeding its duty in taking up this ques-
tion. Other' town councils had done so, and surely
they, who were more intimately connected with the
subject than any of them, had a perfect right to ques-
tion the legality of the proceedings. He thought,
.however, that delay for a month might be attended
with advantage, and would enable them to get at both
sides of the question.

Provost SiDET agreed in the view taken by Mr.
Imrie.

Bailie
GREIG said the question was one of the
simplest nature. It was this—the right of the public
to a free passage through Glen Tilt has existed from
time immemorial. Shall we, therefore, sit quietly.
down, and see this right filched from us, and all be-
cause the Duke of Atholl is desirous of securing
quiet quarters for his hares or his deer ?
Mr. DAVIDSON (with considerable emphasis, and
throwing from hill a rather nice-looking silk um-
brella).--I have no doubt this is altogether a popu-
larity-hunting movement. Shall we, I ask, set
ourselves up as inquisitors of the Duke of Atholl's
conduct ?

Mr. GREIG.—Most undoubtedly. A man's public
conduct is public property, and must submit to be
,canvassed by the public. As corroborative of what
had been stated regarding the conduct of other landed
gentlemen, he might mention that the proprietor of
Dirleton not only allowed visitors uninterruptedly to
view his grounds, but had provided for them a splendid
bowling-green, with a large supply of bowls, where
they might enjoy themselves at this exhilerating
amusement to their heart's content.
Some further discussion followed.
Mr. Ross promised to have "a full, true, and par-
ticular account" of the whole transaction ready for
the Council by next meeting, if they would refrain
from going further with it in the meantime,
Lutat sail ha knew the glen well, and re.