Seymour made a further communication, in which he states, that the grounds upon which he desires to be understood, are, that his estimate is predicated on the supposition that he is at liberty to select the site of the dam, to build the coffer-dam as he may desire, and the lock or locks of such dimensions as he may deem necessary for the useful navigation of the Hudson river. That he will build the said dam for one million five hundred thousand dollars, and the said locks for one hundred and fifty thousand dollars each, and the coffer-dam for two hundred thousand dollars. If a different site from that he has named, shall be selected, then he will build the dam for any price agreed upon by referees, composed of Civil Engineers, furnish the requisite security, and guarantee its durability for five years ;

he will require two years, from the first of August next, to form the dam up to low water line; let it settle the third year, and finish the whole by the first of August, 1839.

The powers delegated to the Commissioners, and to the Common Council of this city, by the act of 2d of May, 1834, cannot extend to a project which contemplates erecting a dam in the Hudson river, beyond the boundary line of the State of New York. It is true, the act makes it the duty of the Commissioners to examine and consider all matters relative to the supply of this city with pure and wholesome water to adopt a ;