Order, is preserved by industry. In 1769 an act was obtained, and in
1773 an amendment of the act, for lighting and cleaning the streets of
Birmingham, and for removing obstructions that were prejudicial to the
health or convenience of the inhabitants.
These acts were committed to the care of about seventy-six irresolute
commissioners, with farther powers of preventing encroachments upon
public ground; for it was justly observed, that robbery was a work of
darkness, therefore to introduce light would, in some measure, protect
property. That in a town like Birmingham, full of commerce and
inhabitants, where necessity leads to continual action, no part of the
twenty four hours ought to be dark. That, to avoid darkness, is
sometimes to avoid insult; and that by the light of 700 lamps, many
unfortunate accidents would be prevented.
It was also observed, that in a course of time, the buildings in some of
the ancient streets had encroached upon the path, four or five feet on
each side; which caused an irregular line, and made those streets eight
or ten feet narrower, that are now used by 50,000 people, than they
were, when used only by a tenth part of that number; and, that their
confined width rendered the passage dangerous to children, women, and
feeble age, particularly on the market day and Saturday evening.
That if former encroachments could not be recovered, future ought to be
prevented.
And farther, that necessity pleads for a wider street now, than
heretofore, not only because the inhabitants, being more numerous,
require more room, but the buildings being more elevated, obstruct the
light, the sun, and the air, which obstructions tend to sickness and
inconveniency.
Narrow streets with modern buildings are generally dirty, for want of
these natural helps; as Digbeth, St. Martin's-lane, Swan-alley,
Carr's-lane, &c. The narrower the street, the less it can be influenced
by the sun and the wind, consequently, the more the dirt will abound;
and by experimental observations upon stagnate water in the street, it
is found extremely prejudicial to health. And also, the larger the
number of people, the more necessity to watch over their interest with a
guardian eye.
It may farther be remarked, that an act of parliament ought to
distribute justice with an impartial hand, in which case, content and
obedience may reasonably be expected. But the acts before us carry a
manifest partiality, one man claims a right to an encroachment into the
street, of three or four feet, whilst another is restricted to
twelve inches.
This inactive body of seventy-six, who wisely argue against the
annihilation of one evil, because another will remain; had also powers
to borrow a thousand pounds, to purchase and remove some obstructive
buildings; and to defray the expence by a rate on the inhabitants,
which, after deducting about one hundred and twenty pounds per ann. for
deficiencies, amounted in
1774, to 912_l_.
1775, -- 902_l_.
1776, -- 947_l_.
1777, -- 965_l_.
1778, -- 1,012_l_.
1779, -- 1,022_l_.
1780, -- 1,021_l_.
Though the town was averse to the measure, as an innovation, they
quickly saw its utility, and seemed to wish a more vigorous exertion of
the commissioners; but numbers sometimes procrastinate design. If it is
difficult to find five men of one mind, it is more difficult to find a
superior number. That business which would run currently through the
hands of five, stagnates at fifteen, the number required.
It is curious to observe a body of commissioners, every one of whom
conducts his own private affairs with propriety and success, attack a
question by the hour, which is as plain as the simplest proposition in
the mathematicks, when not being able to reduce it, and their
ammunition spent, leave the matter undetermined, and retreat in silence.
In works of manual operation a large number may be necessary, but in
works of direction a small one facilitates dispatch.
Birmingham, a capacious field, by long neglect is over-grown with
encroaching weeds. The gentle commissioners, appointed to reduce them,
behold it an arduous work, are divided in opinion, and some withdraw the
hand from the plough; certainly, _the harvest is great, and the
labourers are few_. The manorial powers, which alone could preserve
order, have slept for ages. Regularity has been long extinct. The desire
of trespass is so prevalent, that I have been tempted to question; if it
were not for the powers of the lamp act, feeble as they are, whether the
many-headed-public, ever watchful of prey, would not in another century,
devour whole streets, and totally prevent the passenger. Thus a supine
jurisdiction abounds with _street-robbers_.
There are cases where the line of the street should inviolably be
preserved, as in a common range of houses; therefore all projections
above a given dimension infringe this rule.
There are other cases where taste would direct this line to be broken,
as in buildings of singular size and construction, which should be
viewed in recess. Those of a public nature generally come under this
description, as the free-school, and the hotel, which ought to have
fallen two or three yards back. What pity, that so noble an edifice as
the theatre in New-street, should lose any of its beauty, by the
prominence of its situation!
As Birmingham abounds with new streets, that were once private property,
it is a question often discussed, In what point of time the land
appropriated for such streets, ceases to be private? But as this
question was never determined, and as it naturally rises before me, and
is of importance, suffer me to examine it.
When building leases are granted, if the road be narrow, as was lately
the case at the West end of New-street, the proprietor engages to give a
certain portion of land to widen it. From that moment, therefore, it
falls to the lot of the public, and is under the controul of the
commissioners, as guardians of public property. I allow, if within
memory, the grantor and the lessees should agree to cancel the leases,
which is just as likely to happen as the powers of attraction to cease,
and the moon to descend from the heavens; in this case, the land reverts
again to its original proprietor.
Though the streets of Birmingham have for many ages been exposed to the
hand of the encroacher, yet, by a little care, and less expence, they
might in about one century be reduced to a considerable degree of use
and beauty. In what light then shall we be viewed by the future eye, if
we neglect the interest of posterity?