2d, Because the Commissioners were of opinion, that the crossing in the manner proposed, is the easiest,the safest, and the most permanent and durable;

3d, Because thisis the unanimous opinion of the Commissioners, and of the whole

corps of engineers engaged on the works, and in this opinion they are joined by several engineers of eminence, not connected with the operations,

CROTON AQ.UEDUCT.

4th, Because the high arches will cost half a million of dollars more than the syphons, and will also require two or three years more time to erect them.

5th, Because the Commissioners are advised, by counsel learned in the law, that the Act of the Legislature authorises the passage of the water by the plan proposed by them.

6th, Because, notwithstanding these considerations, the question was submitted by the Commissioners to the Common Council, and their instructions requested, which they

promised to follow, whether such instructions should be in favor of the high arches or of the syphon but they have declined instructing them on the subject, or assuming the ;

responsibility of changing the plan of the Commissioners ; and now, believing it to be our duty to carry into effect that plan which shall require the least expenditure, and which may be completed in the shortest time, while it takes nothing from the permanence and usefulness of the object, we have adopted the plan by syphons. With these impressions, and in a firm belief in their correctness, it would be the height of impropriety in the Commissioners, under the circumstances of the case, to change or abandon the plan they have adopted ; and they will therefore proceed in its execution, unless restrained by due course of law." The summer of 1838 was one of unusual drought which, while favorable to the ;