From SIR C. BARRY to the Treasury.

Clapham Common, 14 March, 1854.

SIR,--I regret that in consequence of a severe attack of illness

more than two months since, from which I have not yet entirely

recovered, I have been prevented from replying at an earlier period

to your letter of the 8th ultimo, relative to my remuneration as

the architect of the New Palace at Westminster.

The desire evinced by the Lords Commissioners of Her Majesty’s

Treasury to be guided, in determining the amount of my

remuneration, by the precedent established in respect of the

payments hitherto made to architects for the public buildings of

the country generally, is all that I can fairly expect at their

Lordships’ hands, and is accordingly acknowledged with feelings of

gratitude on my part. The fixed sum of 25,000_l._, originally

proposed by the late Lord Bessborough as a recompense for my

services as the architect of the New Palace at Westminster, which,

be it observed, was no less than 10,000_l._ below what I was justly

entitled to upon the amount of my estimate, was unfairly forced

upon me, and I was compelled, under the existing circumstances, to

acquiesce, but under a protest as to its insufficiency, the force

of which has been greatly strengthened by the experience I have now

had during a period of 17 years, in carrying into effect those

portions of the New Palace which are now completed.

My acquiescence in the sum proposed by the late Lord Bessborough

has, notwithstanding my protest and the manifest insufficiency of

the amount, been deemed to be a bargain, the conditions of which

were, that for a given sum of money the architect should carry into

effect a given design in a given period, namely, six years, which

conditions have been long set aside by circumstances over which I

have had no control. By what process the late Lord Bessborough

arrived at the conclusion that 25,000_l._ was a fit and proper

remuneration for the architect of such a building as the New Palace

at Westminster, I have no means of knowing; but certainly it could

not have been, as the Lords Commissioners of Her Majesty’s Treasury

seem to imagine, from any precedent then existing in his

department, when all architects, without distinction, received at

the least 5 per cent. upon the cost of their respective works. The

precedent to which their Lordships allude, of paying the

architects, who were formerly attached for a time to that Board, at

the rate of 3 per cent., had then been abolished nearly seven

years. But assuming, for the sake of argument, that his Lordship

could have been guided, which is not in the least degree likely, by

the precedent which had formerly been acted upon in his department

in respect of its attached architects, it should be borne in mind,

that although they received only 3 per cent. upon works, they were

relieved of one of the most important of their professional duties,

namely, the labour and responsibility of making contracts,

measuring and making up accounts, &c., which it is evident the

Board of Works has always considered to be equal to a further

allowance of 2 per cent.; for as regards all other architects (with

the exception, under special circumstances, of Mr. Burton in

respect of a portion only of the public works executed under his

direction) who have been, both formerly and since, employed upon

public works, and who have been called upon to perform that duty,

they have invariably received the accustomed amount of remuneration

of 5 per cent. upon the cost of the respective works.

The following is a list of the most important public buildings upon

which the respective architects have received 5 per cent. since the

year 1832:--

The British Museum;

The General Post Office;

The State Paper Office;

Whitehall Chapel;

Westminster Hall;

The National Gallery;

The New Front of Buckingham Palace;

The Museum of Economic Geology;

The New Money Order Office (St. Martin’s-le-Grand);

The Royal Pavilion at Brighton;

St. Katherine’s Hospital, Regent’s Park;

The Lodges and Gateways in the Parks;

Kensington Palace;

Temporary Houses of Parliament;

Chapel Royal, St. James’s;

The Courts of Law, &c. &c.

In some of these instances the architects were also relieved of the

measuring, making up accounts, &c. It appears, therefore, that

payment at the rate of 5 per cent. to the architects of all public

buildings, has invariably been the rule of the Board of Works

since the year 1832; and that prior to that date the same rule

prevailed, except in respect of those buildings which were carried

into effect under the direction of those architects who were for a

time attached to the Board, who received 3 per cent., for the

reasons already mentioned.

With reference to the additions and alterations made under the

direction of Mr. Nash, at Buckingham Palace, and the subsequent

alterations under Mr. Blore, at the same building; the remuneration

received by those two gentlemen was, not only at the rate of 5 per

cent. but they were also relieved from the labour, cost, and

responsibility as to measuring, &c.

As to the works at Windsor Castle, Sir Jeffrey Wyattville was not

only paid at the rate of 5 per cent., but he also had the same

relief afforded to him as to measuring, &c.; which circumstance,

and not the payment to him of 5 per cent. as supposed by their

Lordships, was, as appears by a Treasury Minute of the 6th October,

1826, considered to be an equivalent for his journeys and some

other extras usually charged by architects. Notwithstanding,

however, this arrangement in lieu of a charge for journeys, Sir

Jeffrey had also the advantage of having a residence assigned to

him in the Castle free of charge, during the whole of the time he

was employed upon the works of that building. In short, the

payments made to the architects of the two above-mentioned works,

together with the immunities and advantages which they enjoyed,

constituted a remuneration fully equal to 7 per cent.

With respect to my own case, as regards the New Palace at

Westminster, I have not only performed all the professional duties,

which Sir Jeffrey Wyattville and Mr. Nash performed in respect of

Windsor Castle and Buckingham Palace, but I have in addition been

called upon to take upon myself the labour and responsibility of

making contracts, forming elaborate schedules of prices, measuring,

and making up accounts amounting to nearly a million and a half of

money, and of adjusting disputed claims to a considerable extent,

from which onerous duties they were altogether exempt; and I have

had at least as great, if not much greater, difficulties than they

had to contend with in carrying into effect the works at the New

Palace at Westminster, owing to the necessity of forming an

artificial foundation in the river; the limited clearances from

time to time of the site; the necessity of keeping up old

buildings, often a work of much difficulty and danger, and

constantly adding temporary accommodation, so that the sittings of

Parliament might not be interrupted; the interferences with the

works by Parliamentary Committees and other authorities, involving

numerous alterations and delays; and the impossibility, in

consequence of spending upon an average more than about 90,000_l._

per annum, by which the works have now been in hand more than 11

years beyond the time originally assumed for their completion.

With reference to the measuring and making up accounts, &c., I beg

to state that the mere reimbursement of my expenses, as proposed by

their Lordships, would be no remuneration whatever to me for the

share which I have personally taken, and the responsibility which I

have incurred in that important portion of my duty.

In my letter to the New Palace Commissioners of the 6th February,

1849, which has been laid before Parliament, and to which letter,

as it touches generally upon the prominent points of my case, I beg

most respectfully to direct the attention of the Lords

Commissioners of Her Majesty’s Treasury, I enumerated the extra

duties which have devolved upon me in consequence of my position as

the architect of the New Palace, and which are not included in the

ordinary remuneration of an architect. I have only to add to what I

have therein stated, that the difficulties in acting with Dr. Reid

were imposed upon me after the original design and construction had

been matured and exemplified in all requisite drawings, &c., and

the works had been actually commenced; and that the same

difficulties have continued in a greater or less degree up to

within about the last 18 months; and, as a further illustration of

the extra labours to which I have adverted in that letter in

respect of designing and re-designing each department of the New

Palace successively, I may mention that with reference to that

large portion of the building now in hand in Old Palace Yard,

designs have been made and working drawings prepared no less than

four times before the works were commenced, in consequence of the

ever-varying directions of the chiefs of the department which is

therein contained.

As regards Mr. Pugin, whose services are alluded to in your letter,

their Lordships are altogether under an erroneous impression. The

salary paid to that gentleman was not for any duties that usually

devolve upon the architect in respect of designs, which designs

have all emanated from myself, but for taking the charge and

direction of the men employed by the Government in the wood-carving

department, for which office he was pre-eminently qualified, not

only on account of his knowledge of decorative art, but practically

on account of the experience which he had previously acquired in

following, at one period of his life, wood-carving as a business. A

similar arrangement was made in respect of the stone-carving, which

is also executed by workmen employed by the Government, by which a

like appointment was conferred upon Mr. Thomas, who is still at the

head of that department. Their Lordships will therefore perceive,

that it would be manifestly unjust to make any reduction, as

proposed, in my remuneration in respect of the salaries paid to the

executive chiefs of either of these departments.

Their Lordships advert to the great increase of expenditure beyond

the original estimate, and the circumstances under which such

increase has from time to time taken place as, apparently, an

element in the consideration of my claim; but I would most

respectfully submit that the increase adverted to cannot fairly

affect the amount of my remuneration, inasmuch as it has brought

upon me more than a full and proportionate amount of extra labour,

anxiety, and responsibility, and has been occasioned by

circumstances beyond my control, as set forth in a Report of a

Committee of the House of Commons in 1844, and subsequently by the

New Palace Commissioners, in a letter addressed by them to the

Treasury on the 15th June, 1849.

When, therefore, the difficulties which I have had to encounter

for nearly 20 years, in conducting the great work at Westminster to

its present state, are borne in mind, and it is considered that I

have devoted, almost exclusively, the best part of my life to that

work, and that in consequence of being its architect I have

experienced the loss of nearly the whole of a lucrative private

practice; that the invariable rule of the Board of Works has been

to pay all architects at least 5 per cent., or in the same ratio,

according to the duties which they have been required to discharge;

and more especially when it is considered that the offer of

remuneration now made to me for designing and carrying into effect

the New Palace at Westminster, under all the circumstances and

disadvantages already adverted to, does not, owing to the length of

time during which the works have been in hand, exceed, after

deducting my expenses, the sum of 1500_l._ per annum, I cannot

doubt but that the Lords Commissioners of Her Majesty’s Treasury

will, upon a review of all the circumstances adverted to, admit

that such an offer is very far short of meeting the justice of the

case; and that with reference to its merits and to the precedents

established, particularly in respect of the works of Windsor Castle

and Buckingham Palace, &c., I am most fairly and justly entitled to

at least the accustomed remuneration of the profession of 5 per

cent., including the measuring, &c., and an allowance for extra

services, with such interest as may be due to me upon deferred

payments, for designing and carrying into effect, under very

peculiar and difficult circumstances, the largest, the most

elaborate in its design and details, and the most important

building in modern times.

I have, &c.,

(Signed) CHARLES BARRY.

(_d_). LETTER OF J. M. WHITE, ESQ., JULY, 1855.

From J. M. WHITE, ESQ., to JAMES WILSON, ESQ., M.P.

10, Whitehall Place, 14 July, 1855.

_Sir Charles Barry’s Claims._

SIR,--Owing to Sir Charles’s absence in Paris, I have not been able

to obtain his final reply on the subject of these claims till this

morning. I explained the purport of my interview with you last

Saturday, when you stated that your offer was limited to the

written paper which you read to me, and of which you had previously

furnished me with a copy. The terms of this paper are as follows:--

“PAST ACCOUNTS.

“Commission on works to which commission is applicable, 3 per cent.

“Amount to 2nd October, 1854, 1,506,845_l._

“Commission for measurement on the cost of works to which

measurement applies, 1 per cent.

“These commissions to cover all questions of claims of any kind in

respect to the Houses of Parliament.

“FUTURE EXPENDITURE.

“Commission on works performed, 3 per cent.

“Commission for measurement on all expenditure to which measurement

is applicable, 1 per cent.

“Treasury, 26 May, 1855.

“FUTURE.

“To prevent misunderstanding in future, Sir C. Barry is to order no

furniture, &c., except under an authority through the Board of

Works from the Treasury.”[123]

To these terms I objected that they did not cover a very large

amount of services relating to the Houses of Parliament, but not

leading to expenditure; and further, there was another claim for

interest on outlay, and on deferred payments, and generally,

assuming the rates of commission were of the amounts offered by

you, I considered that they ought to be on the amount expended,

past and future. To your remark, “that the claim for extra services

could not be of large amount, and hence you considered it was

covered by the commission offered,” and that the claim for interest

you could not admit in any way, I replied first, that the services

were very considerable, in corroboration of which I now beg to

forward a rough statement of them. And I feel I am justified in

adhering to this part of the claim, which I fully believe would

extend to a sum of at least 10,000_l._ For you will have the

goodness to bear in mind that these claims run over nearly twenty

years, that they have been the subject of inquiry by no less than

seven Committees of the House of Commons, besides two official

references relating to Dr. Reid’s plans of ventilation (exclusive

of that relating to his final claims, which has been duly met), and

that in every case Sir C. Barry has acted with full sanction and

authority.

I put forward this claim therefore with perfect confidence, because

had it been an ordinary case between an independent architect and

an ordinary employer, the claim could be supported fully on a

_quantum meruit_; and why an independent architect like Sir C.

Barry should not have at least the same payment from the Government

I am wholly at a loss to understand.

The claim for interest, if worked out in detail, would amount at

least to as much as the other class of claims. You will recollect

that I pointed out, in reference to the 25,000_l._ alluded to in

Lord Duncannon’s offer, Sir Charles, instead of being paid in six

years as proposed, was not paid in twelve; and even in the

measuring, to which your offer of 1 per cent. extends, he is

actually in advance from 11,000_l._ to 12,000_l._, and his other

outlay, especially in more remote years, has been in large advance

from time to time, independently of the balance now due to him, and

the sacrifice he is willing to make if a final settlement be now

made. It is true that advances are almost incidental to cases of

this kind, and that, if disputes arise, it is an inconvenience

which must often be shared between the disputing parties; but such

incidents are covered and the inconvenience met by adhering to the

customary rules and amount of remuneration, which in works like

these is 5 per cent., as claimed by Sir C. Barry. That amount being

departed from, the present claim has a substance and a reality

about it calling for full and fair consideration from the

Government. And finally, on the main point of the commission, I

must again advert to the following facts:--

1st. That the Board of Woods and Works in the first instance

themselves added 5 per cent. as due to the architect. This had all

the effect of a legal contract, if not disturbed by subsequent

proceedings.

2nd. Lord Duncannon’s offer of 25,000_l._ was made on the original

estimate, coupled with the condition of the work being completed in

six years, and other terms, not one of which has been kept. The

works have nearly reached three times their amount, and have

extended over three times the stipulated period. The offer itself

was also acceded to under protest, and in fact has never had a

legal existence.

3rd. Hence Sir C. Barry has either a right to fall back on the

original estimate, or on the custom. Both of these are 5 per cent.,

including the measuring and taking out quantities; and by way of

illustration I have already referred to the British Museum, and to

Dover Harbour; the latter being mere plummet and line work, and

sinking square blocks of stone, whilst Sir Charles has in many

cases to make, it may be, even one thousand working drawings for

parts of the vast and elaborate work he has in hand.

But, as acting on his behalf with a view to a settlement, and not a

perpetuation of these disputed claims, I now beg to offer as a

counter proposition to your own--

1st. To accept 3 per cent. as architect’s commission on all

certified works, taking the present amount as stated in your offer.

2nd. To accept 1 per cent. for quantities and measurement on the

like amount.

3rd. The same commissions respectively on all future certified

works.

4th. To refer the claims for extra works to some eminent person,

who can hear such evidence as either the Government or Sir Charles

may adduce in support of their respective views.

5th. The same referee to decide the question of interest; or

6th. A specific sum to be at once received as a closing of all

claims for such services, and interest to the present day.

As to the referee, I would name by way of illustration Sir John

Patteson, Sir Edward Ryan, or Mr. J. Lefevre, or any other of like

standing.

These points I have severed in order as far as possible to meet the

views already discussed in personal conference. But as a whole I

can only say, in conclusion, as I have said before, that Sir C.

Barry is willing to submit the whole question to a reference of

this kind, and to abide the result. He is prepared to justify his

claim to 5 per cent. by his original engagement and the custom; to

vouch for all he has done by showing he has never acted without

full authority; and if anything be needed to support his views, he

finds it in the attack which has been made on him, and the way in

which, up to the present discussion, what he believes to have been

his just and reasonable claims have been resisted by the successive

Governments with whom he has had to deal.

I will wait on you for your reply to this suggestion, and beg to

subscribe myself,

Yours, &c.,

(Signed) JOHN MEADOWS WHITE.

(_e_). TREASURY MINUTE OF JANUARY 29TH, 1856.

My Lords advert to their minute of the 6th February, 1854, in reference

to the claims of Sir Charles Barry, as architect of the new Houses of

Parliament.

By that minute my Lords arrived at the opinion that a commission of 3

per cent. upon the cost of the building already incurred would be a fair

and liberal remuneration to Sir Charles Barry, and that the same rate

of commission should be allowed on the future expenditure.

My Lords, however, reserved for further consideration a claim which had

been made for the payment for certain services performed by the late Mr.

Pugin, upon which, as well as with regard to the question of measurement

of works, past and future, my Lords called for a Report from the Board

of Works. My Lords also requested to be informed of the exact cost of

the buildings up to the latest date then ascertainable, and of the

amount of moneys which from time to time had been paid to Sir Charles

Barry.

From the Report of the Board of Works it appears that up to the 2nd of

October, 1853, the cost of the building amounted to 1,506,845_l._

10_s._, but with regard to which the Board of Works reports that works

to the amount of 14,439_l._ were not strictly subject to commission.

They also report, that up to that date Sir Charles Barry had received

payments on account of commission, amounting in all to 44,735_l._ 3_s._

9_d._

With regard to measurements, it appears by the same Report that Sir

Charles Barry had paid out of pocket the sum of 11,457_l._ 18_s._ 10_d._

for that work, and that he had employed, in a portion of that duty,

officers of the Board of Works, but who had been paid extra for such

services. From explanations made, my Lords arrived at the conclusion

that the moneys paid to Mr. Pugin should be allowed as extras. The

Report of the Board of Works referred to, dated the 22nd January, 1855,

however, brought before this Board several new claims upon the part of

Sir Charles Barry for extra remuneration over and above his commission,

but which appeared to my Lords to be generally of a nature which were

covered by the commission of 3 per cent. upon the outlay.

Mr. Wilson now states to the Board that, at the instance of Sir Charles

Barry, Mr. Meadows White, as his friend, sought several interviews with

him for the purpose of endeavouring to come to a settlement in respect

to the numerous questions in dispute.

A list of Sir Charles Barry’s claims for extra payment was put in by Mr.

White, and consisted of:--

1. Services for plans in connexion with some contemplated

arrangements in the new building for the deposit of Public Records.

2. Services in assisting and advising the Fine Arts Commission in

respect to arrangements to be made in the Houses of Parliament.

3. Services in respect to warming and ventilating the Houses of

Parliament.

4. Returns to Parliament, and attendance on Parliamentary

Committees.

5. Other services in respect to warming and ventilating.

6. For directions to workmen, &c., in the wood and stone carving

departments.

7. For purchase of stock on behalf of Government.

8. For procuring casts from the best examples of mediæval carving,

&c.

9. For extra designs after the original plans were made.

10. For miscellaneous services, resisting unfair claims of

contractors, &c.

It appears to my Lords, that with the exception of any charge which Sir

Charles Barry may be able to show he is entitled to for conducting the

ventilation and lighting of the houses of Parliament, all the other

charges were fairly to be included in the commission of the architect.

Looking, however, at the question as a whole, and desirous to put an end

to these long disputed points, and after having consulted the Board of

Works, the following offer was made to Mr. White, as acting for Sir C.

Barry, on the 26th of May last, with a view finally to settle all

questions as to commission, measurement, and all other claims, up to the

2nd of October, 1853, to which date the closed accounts extended.

1st. That a commission of 3 per cent. should be allowed on the

entire outlay of 1,506,845_l._, up to the 2nd of October, 1853.

2nd. That a remuneration for measurement upon the whole of the

works included in that outlay should be paid at the rate of 1 per

cent.

3rd. That these commissions should cover all demands of every kind

whatsoever for the past, the services for warming, lighting, and

ventilating alone excepted, which should be dealt with separately,

and upon their own merits.

4th. That the remuneration of Sir Charles Barry for the future

should be fixed at

Three per cent. commission on the outlay as architect, and 1 per

cent. for measurement upon all works to which measurement applies;

and that no furniture, &c. should in future be furnished by Sir C.

Barry except by the special order of the Treasury.

After numerous further interviews and discussions with Mr. White, that

gentleman, on the part of Sir Charles Barry, declined the terms of

settlement thus offered, and pressed again the claims for the extra

services performed.

My Lords having again referred Sir C. Barry’s claims for a report to the

Board of Works, and having very carefully reviewed the whole case,

continue to be of opinion that the terms herein stated are not only fair

but liberal; that they include all remuneration to which Sir C. Barry is

justly entitled for the services he has performed, and that their

Lordships could not extend the same consistently with their duty to the

public.

Considering, moreover, that this matter has gone on for nearly twenty

years without any distinct understanding being arrived at,

notwithstanding the efforts of every successive Board of Treasury to do

so, my Lords are of opinion that it is inconsistent with the public

interests that it should be any longer delayed; and they therefore, as

far as they are concerned, must record these terms as their final

decision upon the questions at issue. They are pleased, consequently, to

direct that no further payment be made on account until a final

settlement of the past, and an agreement as to the future, are

concluded.

Let a copy of this Minute be forwarded to Sir Charles Barry, and to the

Board of Works.

(_f_). REPLY OF SIR C. BARRY OF FEBRUARY, 1856.

From SIR CHARLES BARRY to JAMES WILSON, Esq., M.P.

Old Palace Yard, 9 February, 1856.

SIR,--I have to acknowledge the receipt of your letter of the 5th

instant, enclosing copy of a Minute of the Lords Commissioners of

her Majesty’s Treasury, dated the 29th ultimo, on the subject of my

claims as the architect of the New Palace at Westminster.

As there are some passages in that Minute that appear to be founded

upon a misapprehension of what has passed, I am anxious to call

your attention to several of the explanations which I have already

given in my letters and communications on the subject.

1st. With respect to the employment of the late Mr. Pugin, I have

already stated, with reference to a claim made by their Lordships

for a set-off on my commission for moneys paid to him, that he was

not employed upon any duties that devolve upon me as the architect

of the New Palace, inasmuch as all designs for that building have

emanated from myself, but as the superintendent of the wood-carving

department, in carrying my designs into effect, to which office he

was appointed by the Government at a salary.

2ndly. With reference to the measurement of the work, I have

already explained, that a portion of it was executed by my own

clerks of works, and not, as stated in their Lordships’ Minute, by

the officers of the Board of Works.

3rdly. That as the mention which is made of the furniture in the

Minute may possibly lead to an inference that I have been in the

habit of supplying furniture to the New Palace, I am anxious to

repeat, that I have only been employed to make the designs for it,

see to the proper execution of the contract, and check the

accounts.

With reference to the remark in their Lordships’ Minute, as to the

duration of the misunderstanding between myself and the Government

in respect of my claims, I have to observe, that one of my greatest

hardships has been the constant delays and postponements which have

occurred in the consideration of my case; and that, during a period

of more than 15 years, I have made every effort in my power to

effect a settlement upon fair and honourable terms, and have

constantly urged, without effect, the propriety of a reference by

which I should have been perfectly willing to abide.

Lastly, I would beg to notice an omission in their Lordships’

Minute on the subject of Mr. White’s reply to their last proposal

on the 12th December last, and to observe, that he did not then

decline to accept the principle of it, but, on the contrary,

accepted it, reserving only a question of a portion of the extra

services to which that principle does not apply, and for which he

proposed a fixed sum, or a reference to arbitration, to which

proposal no official answer has yet been returned.

With respect to the decision recorded in their Lordships’ Minute, I

regret extremely that I cannot consider it to be worthy of the

character which their Lordships assign to it, as being either fair

or liberal, for the following reasons:--

1st. Because it appears to be founded upon reports and statements

upon which I have not been furnished with the means of making any

reply or observations.

2ndly. Because the remuneration proposed is at variance with the

long-established custom of my profession, and is far from adequate,

when the elaboration of the work upon which I am engaged, and the

extraordinary difficulties and disadvantages which have attended

its progress, are duly considered.

3rdly. Because it is also at variance with all past and present

practice, in respect of the rate of professional remuneration paid

by the Government for all other architectural and engineering works

of the country.

4thly. Because it deprives me, not only of all remuneration

whatever for many extra services, forming no part of my duties as

the architect of the New Palace at Westminster, but also of the

repayment of a considerable sum of money which I have disbursed on

account of them; and,

Lastly. Because the several questions at issue, both those which

are strictly professional as well as those which are of a legal

character, can only, in my opinion, be fairly solved upon evidence

before an arbitrator of high standing, such as those whom I have

ventured to propose for the purpose, by whose decision I should be

perfectly wiling to abide.

I remain, &c.,

(Signed) CHARLES BARRY.

(_g_). CONCLUSION OF TREASURY MINUTE OF JULY, 1856.

My Lords can arrive at no other conclusion on this part of the

question than that Sir Charles Barry has failed altogether to

establish his position, that the remuneration of 25,000_l._ awarded

to him in 1838, amounted to 4 per cent. on the estimate then before

the Board of Woods, &c.

My Lords now advert to the correspondence which passed in the

following year on the subject.

It appears that when the Commissioners of Woods, &c. came to the

conclusion communicated in their Report to the Treasury, of the

20th February, 1838, they had before them the detailed and verified

estimates from which they had reason to believe that the building

would be completed for the sum stated, subject to such considerable

additions as must be made according to the report of their

surveyors in respect to fittings and other works which had not been

the subject of estimate. They, therefore, well knew the whole duty

and labour which would devolve on the architect, and with this

knowledge they stated their opinion that “the sum of 25,000_l._

would be a fair and liberal remuneration for the labour and

responsibility to be imposed on Mr. Barry, in the _superintendence,

direction and completion_ of the intended edifice.” In the opinion

of my Lords these terms are not susceptible of any other

interpretation than that such remuneration was intended to cover

every service which would devolve upon the architect in the

_completion_ of the building according to the estimates and

specifications then before them, and the further contingent

services; that it was proposed in lieu of the ordinary per-centage

remuneration, and was intended to cover every charge, including

that of measuring, which usually devolves on architects receiving

such ordinary professional remuneration.

It is clear, also, that it was accepted by Sir Charles Barry on

that understanding. When the Treasury Letter of the 25th February,

1839, was communicated to him, he requested to be informed of the

principle on which the proposed sum had been recommended, in order

that he might offer the Board of Woods, &c. a few observations on

the subject. This application having been refused by the letter of

the surveyor of the Board of 4th April, 1839, Sir Charles Barry

addressed a letter to that officer on the 22nd April, 1839, in

which he stated that he had no doubt that the proposed amount,

_although far short of the customary remuneration which had

hitherto been paid to architects for extensive works_, was

considered by the Board to be liberal under all the circumstances

of the case, and that with this impression he had no wish to do

otherwise than bow to its decision. He expressed at the same time

his opinion that the amount was very inadequate to the great labour

and responsibility that would devolve upon him in the

superintendence, direction, and _completion of the intended

edifice_, and his trust that when that should be made manifest,

there would not be any indisposition on the part of the Board to

award to him the remainder of the remuneration which had hitherto

been customary on similar occasions.

Three points are evident from this letter. First, that Sir Charles

Barry accepted the proposed sum after a distinct refusal of

explanation regarding the principle on which it was proposed.

Secondly, that he was well aware at the time that it was far short

of the customary remuneration to architects; and thirdly, that he

also well understood that it was intended as the whole remuneration

which he was to receive for the _superintendence, direction, and

completion of the intended edifice_.

It is therefore too late for him now to raise questions regarding

the principle on which the recommendation of the Board of Works in

1839 was based, and to found claims on the supposition that that

Board had in view the payment to him of an amount equivalent to the

customary remuneration of architects, when the only reservation

contained in his letter of the 22nd April, 1839, was founded on the

admitted fact that the proffered sum was considerably less than

such an amount.

On reconsidering the whole circumstances, the only doubt which my

Lords entertain is, whether they have not taken too liberal a view

of the considerations by which the Board of Woods, &c. were

influenced when they recommended the payment of the fixed sum of

25,000_l._; and whether, especially in admitting Sir Charles

Barry’s claim to the payment of the expense of measuring, they have

not gone beyond the intentions of the arrangement of 1839.

My Lords have, however, no disposition now to re-open this

question, and they are prepared to give effect to the arrangement

proposed in their Minute of the 29th January last. With this view

they proceed to consider the Report of the First Commissioner of

Works, of the 11th April last, regarding the two points which were

reserved in that Minute for future settlement, viz.:--

1st. The amount of remuneration for services rendered in the

warming, lighting, and ventilating arrangements connected with the

New Palace.

2nd. The works upon which he should hereafter be allowed the

commission of 1 per cent. on measuring.

On these two points the First Commissioner has made the following

suggestions:--

“As to the first point, I am of opinion that Sir C. Barry is

entitled to receive, as a remuneration for his services under that

head, a payment of 4,925_l._; and I arrive at this amount by

allowing him 300_l._ per annum from January 1840 to April 1847, in

respect of the preparation of plans and estimates for the various

schemes suggested by Dr. Reid, which were either abandoned or

greatly modified previously to carrying into effect the existing

arrangements, and 500_l._ per annum from April 1847 to November

1852, for a continuance of the same duties, and also for taking

charge of the warming, ventilating, and lighting apparatus

throughout the entire building, with the exception of the House of

Commons.

“Upon the second point, I am of opinion that an allowance for

measurement of 1 per cent. should, for the future, be made only

upon such accounts as require the services of a surveyor for their

preparation, unless the architect should be authorised in writing

by the First Commissioner of this Board, and with the approval of

your Lordships’ Board, to make any special charge for special

services so authorised.”

My Lords concur in these recommendations, and desire that the First

Commissioner of Works will govern himself thereby. They will be

prepared, in compliance therewith, to direct the issue to Sir

Charles Barry of 4,925_l._, in full satisfaction of his claim for

services connected with the warming, lighting and ventilating

arrangements, and on the understanding that the whole principle of

remuneration for his services is now finally settled, as defined by

the Minute of 29th January last, and the further directions now

given, and that in order to prevent any misapprehension as to the

future, Sir Charles Barry will enter into an undertaking with the

Board of Works to complete the buildings for the rate of commission

and remuneration for measurement therein provided for.

In bringing this matter to a conclusion, my Lords feel it right to

observe, with reference to statements which Sir Charles Barry has

advanced in contravention of the grounds of the decision of this

Board, that when their Lordships agreed to a payment being made to

him at the rate of 1 per cent. for measuring, they had before them

a report from the Board of Works, from which it appeared that, if

the measuring were conducted under the direction of that Board, the

remuneration to professional measurers for the work would be made

“by a commission varying from one-half to three-quarters per cent.”

Their Lordships therefore consider that in allowing him 1 per cent.

he will be afforded ample remuneration for any duties imposed upon

him personally in connexion with the service of measuring. Their

Lordships have also to observe that the principle proposed by the

Board of Works, that the allowance for measuring should be made

only on such accounts as require the services of a surveyor for

their preparation, except under special circumstances, is not only

right as respects works executed subsequently to the 2nd October,

1853, but would in strictness be applicable to past works. Their

Lordships therefore feel that, in allowing him remuneration at the

rate of 1 per cent. for measuring on the gross expenditure of

1,508,174_l._ on account of works certified by him up to the 2nd

October, 1854, they will have conceded payments to him considerably

exceeding the sum to which he would have been entitled for the mere

duty of measuring, and that that sum will afford full remuneration

for all the extra services referred to in the Minute of this Board

of 29th January last, excepting only those connected with services

for warming, lighting, and ventilating, for which a special payment

is now directed.

Their Lordships have before them a certified statement prepared in

the Office of Works, from which it appears that the proportion of

the said expenditure of 1,508,174_l._, which represent works which

would not require the services of a measurer, is 215,000_l._ Sir

Charles Barry will receive under the arrangement sanctioned by this

Board 1 per cent. on the latter sum, being 2,150_l._ above the

amount to which he would be properly entitled for the actual

service of measuring, and they consider that a payment of that

amount will afford him ample remuneration for all the undefined

extra services referred to.

Transmit copy of this Minute to Sir Charles Barry for his

information.

Transmit also copy thereof to the First Commissioner of Works for

his information and guidance.

HANG

Whitehall Treasury Chambers,

July, 1856.

(_h._) BRIEF REMARKS BY SIR C. BARRY, 1856.

HANG

Brief statement of the grounds of difference between the

Architect of the New Palace at Westminster and the

Lords of the Treasury.

1. Because their Lordships have assumed to themselves the right in

their own case to put a value upon the architect’s services, at

variance with professional custom, and contrary both to law and

equity.

2. Because that, whilst the ordinary rate of professional

commission is far from an adequate remuneration for more than 20

years’ devotion of the architect’s life to the carrying into

effect, under peculiarly trying circumstances and great

responsibilities, a work so extensive, intricate, and elaborate, as

the New Palace at Westminster, their Lordships’ offer involves a

sacrifice on his part of at least 20,000_l._ of his accustomed

commission, exclusive of interest of money upon payments unduly

withheld, amounting to not less than 15,000_l._

3. Because the offer made by their Lordships, which is assumed to

be in accordance with precedent, is really at variance with the

allowance hitherto made to architects for all public buildings. For

where they have been employed upon the whole of the duties

undertaken by the architect of the New Palace of Westminster, the

allowance has been _invariably_ 5, and in some instances equal to

more than 5 per cent. upon the expenditure; and although, in some

cases, architects have been paid less than 5 per cent., it is only

when they have been relieved of the financial portion, which is by

no means the least onerous of their duties and responsibilities.

4. Because, with one exception, their Lordships do not recognise

several claims for extra services, which form no part of the duties

of the architect of the New Palace, to which no payment by

commission can apply, and upon which he has incurred a considerable

outlay.

5. Because that, whilst, for the sake of avoiding all further

contention with a Government and affecting an immediate settlement,

the architect had consented to forego his full claims as to

percentage by complying with the principle of their Lordships’

offer, and only awaited their promised explanation of its details,

and an answer relative to a proposition made to them respecting a

portion of his services which had not been recognised, their

Lordships without any further communication with him, framed their

Minute of the 29th January, 1856, containing a decision on the

case, and immediately laid that and a previous Minute on the table

of each House of Parliament, unaccompanied by the correspondence or

any notice of the negotiation which led to them.

6. Because of the order contained in their Lordships’ Minute of the

29th of January, 1856, for withholding all further payments to the

architect until he consented to a settlement upon their own terms,

although by such terms it is admitted that a balance is due to him

of 20,000_l._, and although a further sum on account of his claims

is included in the vote for the current year.

And finally, because of their Lordships’ refusal hitherto of all

offers that have been made by the architect of a reference of his

claims to arbitration, which, it is obvious, is the only just mode

of arriving at an impartial decision in all cases of difference,

where both parties only wish for what is fair and reasonable.

(D.)

LIST OF SUBSCRIBERS

TO

THE MEMORIAL STATUE.

[I CANNOT refuse myself the pleasure of recording the names of those,

who thus did honour to my father’s memory.--A. B.]

* * * * *

£ _s._ _d._

Ainslie, C., Esq. 3 3 0

Angell, S., Esq. 5 5 0

Ashpitel, A., Esq. 3 3 0

Banks, R. R., Esq. 10 10 0

Barr, E., Esq. 1 1 0

Barry, J., Esq. 20 0 0

Bayne, R., Esq. 1 1 0

Bell, Jas., Esq. 3 3 0

Bell, John, Esq. 1 1 0

Bellamy, T., Esq. 5 5 0

Booth, W. J., Esq. 2 2 0

Boulnois, W. A., Esq. 1 1 0

Boxall, W., Esq., R.A. 2 2 0

Brakspear, W. H., Esq. 2 2 0

Brandon, D., Esq. 5 5 0

Brodrick, Cuthbert, Esq. 5 0 0

Browne, J. H., Esq. 2 2 0

Bryce, D., Esq. 3 3 0

Bunning, J. B., Esq. 3 3 0

Burton, A., Esq. 1 1 0

Burton, D., Esq. 3 3 0

Carlisle, The Earl of, K .G. 10 0 0

Chalk, J., Esq. 1 1 0

Chatwin, J. A., Esq. 2 2 0

Clarke, G. S., Esq. 10 10 0

Clarke, Joseph, Esq. 1 1 0

Clutton, H., Esq. 2 2 0

Cockerell, C. R., Esq.,

R.A. (Trustee) 10 10 0

Cole, J. J., Esq. 2 12 6

Cooke, E. W., Esq., R.A. 2 2 0

Cowper, Rt. Hon. W. F.,

M.P. (Trustee) 10 0 0

Crace, J. G., Esq. 10 10 0

Cubitt and Co., Messrs. W. 5 5 0

Currey, H., Esq. 2 2 0

Cust, The Hon. Sir E.,

K.C.H. (Trustee) 10 10 0

Cuthell, A., Esq. 5 5 0

Dangerfield, H., Esq. 1 1 0

Darbishire, H. A., Esq. 1 1 0

Davies, J., Esq. 1 1 0

St. Pauls, The Dean of 5 0 0

De Ville, L., Esq. 2 2 0

Donaldson, T. L., Esq. 10 10 0

Eastlake, Sir C. L., P.R.A.

(Trustee) 10 10 0

Edmeston, J., Esq. 1 1 0

Ferrey, B., Esq. 3 3 0

Feversham, Rt. Hon. Lord 10 10 0

Francis, Messrs. F. & H. 1 1 0

Fraser, J. W., Esq. 2 2 0

Friend, An Humble 1 1 0

Garling, H., Esq. 5 5 0

Gassiott, J. P., Esq. 10 10 0

Gibson, J., Esq. 10 10 0

Glyn, G. Carr, Esq., M.P. 1 1 0

Glyn, G. Grenfell, Esq., M.P. 1 1 0

Godwin, G., Esq. 3 3 0

Good, J. H., Esq. 1 1 0

Goodridge, A. S., Esq. 1 1 0

Goodridge, H. E., Esq. 1 1 0

Grissell, T., Esq. 21 0 0

Groves, F. H., Esq. 0 10 0

Gye, F., Esq. 5 5 0

Hardwick, P., Esq., R.A. 5 5 0

Hardwick, P. C., Esq. 5 5 0

Hawkes, W., Esq. 10 0 0

Hawkshaw, J., Esq. 10 10 0

Hayward, C. F., Esq. 1 0 0

Hayward, John, Esq. 10 0 0

Haywood, W., Esq. 1 1 0

Herbert, W., Esq. 5 5 0

Hesketh, R., Esq. 2 2 0

Hirst, J. H., Esq. 1 1 0

Holmes, E. N., Esq. 1 1 0

Hope, A. J. B. Beresford,

Esq. 10 0 0

Humbert, A. J., Esq. 2 2 0

Hunt, H. A., Esq. 50 0 0

I’Anson, E., Esq. 3 3 0

Inman, W. S., Esq. 1 1 0

James, J., Esq. 5 5 0

Jay, J., Esq. 5 5 0

Jeakes, Messrs. 3 3 0

Jennings, J., Esq. 1 1 0

Jones, Owen, Esq. 5 5 0

Judge & Winstanley, Messrs. 2 2 0

Kendall, H. E., Esq. 1 1 0

Kendall, H. E., Jun., Esq. 1 1 0

Kennedy, G. P., Esq. 5 5 0

Kerr, R., Esq. 1 1 0

Knowles, J. T., Esq. 5 5 0

Knowles, J. T., Jun., Esq. 1 1 0

Knowles, G., Esq. 1 1 0

Lansdowne, The Marquis

of, K.G. 10 0 0

Lawrence, C. B. 1 1 0

Lawrie, W. 0 7 0

Leicester, G. O., Esq. 1 1 0

Leslie & Whitely, Messrs. 1 3 0

Lewis, T. Hayter, Esq. 3 3 0

Lucas, Messrs. 100 0 0

M’Clean, J. R., Esq. 5 5 0

Maclise, D., Esq., R.A. 5 5 0

Mair, G. J. J., Esq. 1 1 0

Marochetti, Baron, A.R.A. 5 5 0

Martineau, E. H., Esq. 1 1 0

Marshall, W. Calder, Esq.,

R.A. 1 1 0

Mason, W. A., Esq. 1 1 0

Mayhew, C., Esq. 3 3 0

Middleton, Lady 20 0 0

Mocatta, D., Esq. 5 5 0

Morgan, G., Esq. 3 3 0

Murchison, Sir R. 10 10 0

Murray, J., Esq. 5 5 0

Nash, Edwin, Esq. 1 1 0

Nelson, Charles C., Esq.

(Hon. Sec.) 3 3 0

Newcastle, the Duke of, K.G. 20 0 0

Newton, H. R., Esq. 1 1 0

Norton, J., Esq. 5 5 0

Parris, R., Esq. 5 5 0

Parsons, H., Esq. 1 1 0

Pearce, M., Esq. 1 1 0

Pennethorne, J., Esq. 3 3 0

Penrose, F. C., Esq. 1 1 0

Peto, Sir Morton, Bart.,

M.P. 21 0 0

Pickersgill, F. R., Esq.,

R.A. 5 5 0

Porter, F. W., Esq. 1 1 0

Poynter, A., Esq. 1 1 0

Prichard & Seddon, Messrs. 3 3 0

Pye, K. J., Esq. 2 2 0

Reeks, C. F., Esq. 1 1 0

Richardson, C. J., Esq. 1 1 0

Roberts, D., Esq., R.A. 5 5 0

Roberts, H., Esq. 1 0 0

Robins, E. C., Esq. 1 1 0

Rowsell, Rev. T. J. 1 1 0

Scott, G. Gilbert, Esq., R.A. 5 5 0

Shuttleworth, Sir J. K., Bart. 5 5 0

Slater, W., Esq. 1 1 0

Smart, Sir G. 2 2 0

Smirke, Sydney, Esq., R.A. 5 5 0

Smith, C. H., Esq. 1 1 0

Smith, Montagu, Esq., Q.C. 3 3 0

Smith, P. G., Esq. 1 1 0

Soden, J. R., Esq. 1 1 0

Spiers, R. P., Esq. 1 1 0

Stanley, Lord, M.P. 10 10 0

Strudwick, J. H., Esq. 5 5 0

Thompson, J. Esq. 1 1 0

Tite, W., Esq., F.R.S., M.P. (Trustee) 10 10 0

Tress, R., Esq. 2 2 0

Turner, J., Esq. 1 1 0

Tweedie, Dr. 10 10 0

Vulliamy, G., Esq. 2 2 0

Ware, C. N. Cumberlege, Esq. 5 5 0

Waring, J. B., Esq. 1 1 0

Weightman, J. G., Esq. 2 2 0

Whitely, H., Esq. 5 5 0

Wilkinson, Sir Gardner 3 0 0

Wilson, F. R., Esq. 2 2 0

Wolfe, J. L., Esq. 200 0 0

Wolfe, L. M., Esq. 20 0 0

Woodthorpe, E., Esq. 1 1 0

Workmen, (Clapham) 2 14 6

Wright, W., Esq. 2 2 0

Wyatt, M. Digby, Esq. (Hon. Sec.) 3 3 0

Wyatt, T. H., Esq. 5 5 0

THE END.

LONDON: PRINTED BY WILLIAM CLOWES AND SONS, STAMFORD STREET, AND CHARING

CROSS.

[Illustration: ORIGINAL SKETCHES AND DESIGNS OF THE LATE SIR CHARLES

BARRY. R.A.

PLAN OF SUGGESTED IMPROVEMENTS AND NEW STREETS IN, AND NEAR, WESTMINSTER

IN REFERENCE TO THE NEW PALACE OF WESTMINSTER, THE CONCENTRATION OF THE

GOVERNMENT OFFICES, AND THE TREATMENT OF THE THAMES EMBANKMENT.

EXHIBITED IN THE YEAR 1857, AT WESTMINSTER HALL.

Maclure, Macdonald & Macgregor Lith.ᵀᴮ to the Queen, 17ᴮ. Great George

Sᵀ. Westminster.

The Dark Hatching shews Public and important Buildings as now existing,

thus

The Light Hatching outlined shews the new Streets and Buildings proposed

along them, thus

The Thick Blue Edging shews the line of the existing Banks on each side

of the River.]

* * * * *

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