THE MATTER OF HARVEY'S DYKE

From Glasgow Green to Carmyle along the banks of the Clyde runs a footpath. It is a public right of way, but it was not secured without some struggle against the encroachments of riverside landlords.

"Lang Tam" Harvey was a self-made man whose fortune was made in the whisky trade. From humble origins as a carter in Port Dundas, he eventually purchased the Port Dundas distillery, but died bankrupt. Contributing to his financial demise was the long running dispute he maintained with the public over access to the Clydeside footpath, a dispute which saw the public boycott his whisky. Several accounts of this legal battle are available, the gist of them being as follows.

Harvey acquired Westthorn in c.1819. In April, 1822, annoyed by the number of people using the pathway, he built a formidable wall and guardhouse on the western boundary which crossed the pathway and down into the very river itself, effectively preventing passage. At one time the wall's defences even included small cannon!

Local people were indignant but it was not until the following year that matters developed. In June, 1823 a landowner immediately upriver from Dalmarnock Bridge also started building a wall on the riverbank. Perhaps because this was a more immediate barrier to the population, retribution was swift and violent with the wall being destroyed by a large crowd.

Deciding to deal with Harvey's dyke in a similar manner they then moved upriver to Westthorn and there turned their rage against that wall. As in the previous instance, local miners successfully used their skills with explosives and hand tools.

Unlike before, the work on this occasion was not allowed to proceed unhampered. Advised of the existence of an armed mob by Harvey the Sheriff dispatched a troop of Enniskillens to deal with them. The crowds fled with the troopers in pursuit. Some folk were captured at the breached wall, and others as they made their escape.

When Harvey rebuilt his wall representatives from Glasgow and the local villages formed a committee to raise money to pursue a case in the courts. This was heard in Edinburgh because of the antipathy aroused in Glasgow, in January, 1826. The issue was, "Whether, for 40 years prior to the months of March, April or May, 1822, there existed a Public Footpath or Footroad along the right bank of the River Clyde.." from Glasgow Green to Carmyle.

Many witnesses, including proprietors of the adjacent estates, travelled to Edinburgh to give evidence on behalf of both parties to the dispute. The main thrust of Harvey's argument was that the path did not constitute a road since, given the meandering nature of the river at the location, the path formed no direct route to any of the places named. In addition, there were acknowledged roads, straighter and more directly routed to the villages. He stated that the path had only been used for recreational and mischievous purposes prior to his wall being built. This had not presented too great a problem for landowners until the establishment of the nearby villages and the burgeoning local population created a real nuisance.

When the jury found for the pursuers Harvey refused to accept their verdict and pursued his case all the way to the House of Lords. Finally, in July, 1828, the House of Lords unanimously affirmed the verdict of the jury and the judgement of the Court of Session and Harvey was required to remove the obstruction. The footpath was declared a public right of way for all time coming.

In recent years most of the path has been upgraded to facilitate the passage of users and allow greater access to the river itself. With the great improvement in the quality of the water fish have returned, to the delight of the many anglers now lining the banks - as well as the occasional heron! At the time of its greatest pollution it was difficult to believe that fresh water mussels could have lived along the sandy banks, but even today close examination of the shore reveals the remnants of a variety of shellfish once native there. Now it is even probable that the salmon may soon return. It is also curious to note that gold has been found in the river, but in quantities hardly worth the effort of securing!