The Sun.
London, England, 1864-05-27 00:00:00

Court of Common Council.

A Court of Common Council was held yesterday at Guild
hall, the Lord Mayor presiding.
THE TEMPORARY BRIDGE AT BLACKFRIA.RS.

Mr T. WEBBER, the chairman of the Bridge-house Com-
mittee, brought up a report from that committee asking for
authority to apply to Parliament to raise an additional sum
of money for the purposes of the erection of the new bridge
at Blackfriars.
Mr LAWLEY said he should be glad if the hon. member
would inform him when it was likely that the temporary
bridge would be opened for traffic. He put the question in
the interest of the public, who incurred considerable danger
and very great inconvenience by the state of the old road
and footway. (Hear, hoar )
Mr WEBBER said it was thought that it would be better
to lay the present report before the Court before the tempo-
rary bridge was opened, but it was the intention of the com-
mittee to open the bridge as soon as possible. (Hear.)
Mr WHEELER, one of the committee, said that the bridge
could not be opened until possession was obtained of twc
houses, and the necessary deeds had not yet been executed.
When this was done the bridge would beimruediately opened.

In answer to a question put by Alderman Salomons,
Mr Wv.BßEit said that by the terms of the rontr.ot the
contractors were bound to complete the new bridge by the
expiration of three years. He also said that the temporary
bridge had been certified to be perfectly safe for truffle.
The report was then agreed to.
TRU SEWERS COMMISSION.

Mr ROWE moved "That the resolution of the Court of
Dec. 12, 1861, That no director or shareholder in a com
pany contracting with or employed by the City Commission
of Sewers to supply gas for public lighting shall be appointed
or shall continue to be a member of that commission,' be
rescinded." The hon. member, in speaking in support of
the motion, urged that it was most unfair to put a ban upon
10 or 12 gentlemen connected with the Corporation because
they happened to be shareholders in a gas company.
Mr WHEELER asked if Mr Rowe was a shareholder in a
gas company.
Mr Roble—Oh, yes, I am ono of those who are excluded.
(A laugh.)
After a short discussion, the motion was negatived by a
large majority.

, isi EW S PA.PE It
• '
Naval and Military Intel*, Ape? ----
• VA'
The offici:l trial of the iron clad stew • ace,- se.a.1i,l
eeffe
prise, one of the class of wooden ar .
vessels designed by Mr. Reed, the Cons - (see
the Navy, to decide whether wooden ships of ss ns
than 1,000 tons burden, and therefore consinerably
smaller than the Royal Oak and Prince Consort
type cf armour clads, cannot be coated with shield
armour plates of 41 inches in thickness, and ren-
dered es effective as our larger armour plated yes-
sale, took place yesterday at the measured mile,
near the Nore, with the most satisfactory re-
sults. Although the Enterprise carries a casing
of 4' _inch armour plating along both her sides,
she is as buoyant in the water as a wooden sloop
of the same class, and with the whole of her sea-
going stares, shot, guns, crew,and upwards of 100 toes
of coal on board yesterday, the lower sill of her mid-
ship ports was between 6ft and 7ft out the water.
As originally designed it was calculated that she
would draw 12ft 9in forward and 15ft Sin aft, or a
mean d;aught Of 14 t, but during her trial yester-
day she drew only 11ft 10in forward, aed. I,sft Sin
aft, or just 3in less than was originally intenced,.
The Enterprise is driven by a pair of horizontal
single piston-rod engines, fitted with surface con-
densers, tubular boilers, super-heatere, and all the
ai nner
yas supplied
latest
Atestieimasprer.ovitemaveinntisii.
11, SHeral ki ladeh, d Co. The en•
gines are of 160 horsepower (nominal), but are cap-
able of being worked up to four times that power.
The screw is a two-bladed Griffiths, with a diame-
ter of lift Bin, and a pitch of 111 ft. The diameter
of the cylinders is 45in, and the length of stroke
18in. There is an area of fire.grate surface of 96 ft,
and of heating surface 960 ft. There are two of
Appold's pumps for circulating the water through
the condensers, driven by a pair of auxiliary engines..
The Enterprise got under way at an early hour yes-
terday morning, and dropped down the river to the
measured mile, the officials on board being 111 r.
Reed, Chief Constructor of the Navy; Mr Dinners,
of the site:am department at the Admiralty; Mr
Barnaby, of Chatham dockyard ; and 111 r Bannister,
assistant-inspector of machinery. The vessel was in
charge of Capt. Luke, commanding the steam re-
serve in the Thames, the contractor for The ma-
chinery being represented by Mr Ravenbill and Mr
Hodgson ; the engines were in charge of Mr i'lliott.
On reaching the Lower Hope Reach sir rune' were
made at the measured mile, with full boiler power,
with the following results :—First ran—Time 7 rein,
40 sec, revolutions of engines 98, speed 7.826 knots,
pressure of steam 2311 b, vacuum 26. Second run--
Time 5 min, revolutlous of screw 99, speed 12 k aces,
pressure 221, vacuum 261 b. Third run—Time 6 min
32 sec., revolutions 98, speed 7.965 knots, pres sure
221 b. vacuum 261. Fourth run—Time 5 mi n. 3
sec., revolutions 100, speed 11.881 knots, pressure
2211 b., vacuum 261 Fifth run—Time 7 min.,, 26
sec., revolutions 97, speed 8.072 knots, pressure
221 b., vacuum 261. Sixth—Timo 5 min. S e ec.,
revolutions 100, speed 11.688 knots, pressure 22 lb.,
vacuum 26. Taking the first means of the above
runs we have a speed in knots of 9.913, 9.982, 9.923,
9,976, and 9.888 ; and the second means as 9.880,
9.952, 9.949, and 9.928, giving the true mean speed
of the vessel as 9.927 knots, or a trifling fraction
under 10 knots per hour. This is considered ex-
ceedingly satisfactory, and proves the high sailing
qualities of the Enterprise, which, although 1,000
tons burden, is driven by engines of 160 horse power
only. It should also be remarked that the speed of
the Enterprise has exceeded by half a knot the rate
calculated upon by her designer, who estimated her
steaming capabilities at rather less than 91 knots
per hour. The Enterprise, at full steaming carries
a rather large wave under her bows, but from the
sharp outline of the stem this is thrown upward and
outward, and does not interfere in any way with
the progress of the vessel through the water. At
the termination of runs at full speed four runs were.
made over the measured mile at half boiler power,
with the following results—First run—time, 6 min.
27 sec., ; speed, 8.022 knots ; revolutions, 83 ; pres-
sure, 191 b ; vacuum, 26. Second run—time, 8 min.
54 sec.; speed, 9.363 knots ; revolutions, 80 ; pres-
sure, 191 b.; vacuum, 261. Third run--time, 8
min. 56 sec. ; speed, 6.716 knots ; revolutions, 81 ;
pressure, 191 b.; vacuum. 26. Last run—time, 6
rain. 19 see.; speed, 9.499 knots ; revolutions, 81 ;
pressure, 1911 b.; vacuum, 261. Tne average speed at
half boiler power was 8.105 knots, the Enterprise
proving herself to be an equally list steamer under
half as when steaming at full boiler power. At the.
close of the more important portion of the day's
trial some experiments were made with the view of
ascertaining the steering and turning capabilities
of the Enterprise. The screw well being abolished.,
the principle of the old gun-room tiller has been.
reverted to with the most satisfactory results. The
tiller is placed below the armour-plates, which
altogether prevents its being shot away, and an
arrangement is also effected by means of which the
frigate can be steered from the armour-plated bat.
tery, whereby the steersmen are effectually pro-
tected. With four men at the wheel the helm was
brought over to starboard, at an angle of 30 deg.,
and the full circle made in 4 min. 14 sec. from a
state of rest, and in 4 min, from full speed, The
circle to port, with three turns of the wheel and
the rudder at an angle of 29 deg., was accomplished
in 4 min. 18 sec. from full speed, and in 4 min. 37
sec. from rest. From the circumstance of the chief
weight of the vessel being placed amidships the
Enterprise possesses remarkable powers of turning,
and during the trials yesterday the full circles were
made in little, if at all, more than a diameter of
twice the vessel's length. The working of the
engines during the trials was exceedingly eatisfac.
tory. At the close of the trials she steamed up the
river, and awaits orders from the Admiralty.
In consequence of the alleged encroachments of
the British fishing vessels on the Belgian waters,
the Lords of the Admiralty have ordered the Lizard,
3 guns, iron paddlewheel tender to the Formidable,
flagship at Sheerness, lieutenant in command Henry
J. Challis, to proceed to Ostend to watch proceed-
ings. The Lizard sailed from Sheerness yesterday.
The Clio, 22, screw steam corvette, having com-
pleted repairs and been refitted for commission in
Sheerness dockyard, was yesterday taken for the
trial of her engines at the measured mile off Maplin
Sands, in command of Capt. W. K. Hall, C. 8., of
the Sheerness Steam Reserve. The engines were
in charge of Mr. W. Rumble, itspector of machie
nery afloat, and Mr George Bloxland, chief engineer
of the dockyard. Although a strong breeze was
blowing during the trial with a force of frobrnntiro
evres
to six the trial was most satisfactory, the I
giving out plenty of steam, and there being an .
absence of hot hearings and priming. The engines,,
and
which have undergone a thorough e li
verhau
repair, are from the firm of Messrs Bavenhal, Sal.
ewe
keld and Co., and are of 400 nor%
e trial
They worked admirably during t horse
The f 0 -
__esMean speed at full boiler
lowing were the results: _
sure of steam 201 b;
power, 12.202 knots ; Pr ,
'ens of "gm", 57. At half
vacuum, 26 ; revoluti
d 9 648 knots
boiler power mean spee; pressure of
, revolutions of engines,
steam, 201 b; vacuum
49. The circle was turned at full Never with helm
20 degrees to starboard in lmin
37sec, diameter of
circle 286 yards ; and with half power helm 27
degrees to port in smin. 33sec., diameter of circle
being 358 yards; the revolutions of engines while
going round the circles were 54 and 44 respectively.
The engines ere stopped in 15 seconds, started,
ghee(' in 35 seconds, and astern in 35 seconds. The
vessel is fitted with Smith's screw, with the corners
cut off, its dienseter.being 161 t.; its pitc • h, t.; `'6l' and
it length, 3tt. The draught of water during the
trial was—forward-17ft. 6in.; aft, 18ft. 10in. The
Ciio is full rigged, having all her sea stores and
armament on board, and is expected to be commis•
sioned in a few days.
The following appointments were made yesterday
at the Admiralty :—Commander T. H. Swinhurne,
to be Inspecting Commander of the Coastguard,
vice Commander Kane, deceased ; Commander
Charles Parry, to the Aurora; Arthur P. Penney,
nominated to a naval cadetship ; James Paterson,
chief engineer, to the Indus for the Agincourt; C.
R. Chamberlain, chief engineer, to the Cumberland
for the Ariadne ; James Morris, promoted to chief
engineer, and appointed to the Cumberland for the
Scout ; Henry W. 'fregilge,s, engineer, to the Asia
for the Wallace; and William M•lutyre, assistant.
engineer, to the Cumberland, as supernumerary.

THE A TION AL BANK.
Bead Office, 13, Old Broad-street, London, E.C.
Established 163.5.
Capital su'scribe ,000,ouo ; paid up, £700,000. Reserved
Fund. ,E6!9,174,
DIRECTORS

James Allan, Esq.
George Ashtin, Esq.
Jeremiah Dunn. Eeq.
B. H. Hartley, Esq.
F. B. Renshaw, Esq.
Sir Ralph Howard, Bart.
Thomas W. Kough, Esq,
Harvey Lewis, Esq., ALP.

Joseph N, ,'Kenna, Esq.
John 0' Nleard, Esq.
Albert Ricardo. Esq.
Rowland Roland, Esq.
J. Boglo Smith, Esq.
Edmund Smi'lawick, Esq.
M. Usborne, Esq.
Philip Vanderbyl, Esq.

ABRIDGED REPORT FOR THE YEAR 1863
The Directors of the National Bank have much pleasure
in presenting to the Proprietors the Twenty-ninth Anneal
}Lenart of the state of the Society, made up t) the close of
1863.
u se follc,wing accounts in the usual form exhibit the
state of the Company's affairs at that date.
ASSETS AND LIABILITIES.
ASSETS.
Gold and silver coin in Ireland
Cash on hand at the Bank of England,
advances on bullion, and at call
Government Funds, Exchequer Bills,
Exchequer Bonds, and Debentures 389,589 3 5
Advances on government stock and
sundry secured loans at short dates and
current accounts 1,026,932 0 1
Bills discounted
Bank premises, London, Dublin, and
55,150 0 0
branches

raid up capital .................... . • £600,000 0 0
.... 1,115,457 10 0
Notes in circulation ..............
Due by the bang ou deposit receipts, cur-
rent accounts, &c ........... 4,2C8.155 12 2
Rest or undivided profits .............. 169,174 16 10

£6,092,787 19 0

LIABILITIES.

£6,092,787 19 0

PROFIT AND LOSS ACCOUNT,
Rest or undivided profits at December,
1862, .............................. £143,729 3 10
Net profit for the year,
1863, after writing off
all bad and providing
for doubtful debts ....£125,145 13 0
Less rebate of interest on
bills not due .. 19,700 0 0

From which have been paid :
Feb., 1863. Half a
year's nividend, at 8 per
cent, per annum £24,000
With extra dividend of
16s. per share 16,000
--£lO,OOO

Aug., 1363. Half a
year's dividend, at 8 per
cent, per annum..
With extra dividend of
16s. per share • •

105,445 13 0

£249,171 16 1&

40,000
--- 80,000 0 0

Leaving at December, 1863, a rest, or -------
amount of undivided profits of
Examined and found correct,
J. N. McKENNA.
WAN D RONALD.
J. B. SMITH.
JOHN 0' NIE ARA.
T. W. BOUGH.
Since these accounts were made up a dividend at the rate
ot 8 per cent. per annum on the capital ot the Bank, and
an extra dividend of 16s, per share were paid in February
last; the amount of undivided profits after these payments,
therefore, stood at £129,174 16s. 10d., as compared with
£103,729 3s. 104., the figures at which they stood last year,
after payment of the February dividend.
Shorily after the opening of the present year the directors
determined to increase the capital of the Bank from
11,000,000 to £2,000,000 by the issue of 20,009 new shares
at a premium of £25 per share, when taken up by the old
shareholders in the proportion of one new for every one old
share, and a premium of £3O per share when taken up by
other parties ; the difference of £5 per share being relin-
quished by the Bank in favour of the holders of old shares
who declined to take up the new.
The entire of the new shares have been allotted among
the proprietors, customers, and connexions of the Bank.
This operation adds £500,000 to the Reserve Fund of the
Bank, which previously stood at £i29,171 16s. 10d., after
payment of the last February dividend.
A. first instalment of £5 per share capital has been paid
on the 20,000 new shares, and when the new snares snail
ba paid up to the same amount as the old, via., £3O per
share, the paid-up capital will stand at £1,200,000, in audi-
tion to which the Reserve Fund will stand at upwards of
£600,000.
It is not a portion of the formal business of the Annual
Meeting to discuss the transactions of the current y ear, but
the Directors feel justified, from the precedent of their last
report, in stating that the prospects so far of the Bank's
profits for 1564 are still more in advance of the profits ot
1833 than those of 1563 exceeded the realisation ot 1562.
The Directors, encouraged by the success which has at-
tended the opening of their Bayswater Branch, have opened
two new metropolitan branches—one at Charin 3 cross, and
another at Camden-town, which even at this early stage
gives satisfactory evidence of progress.
The Directors have had under their consideration a pro-
position for altering the day of the annual general meeting
to the first weekday in February, from the fourth Tuesday
in May, as it stands at present. They have also considered
the subject of furnishing half-yearly reports, as the other
London banks do, and both of these suggestions the Direc-
tcre will recommend for the sanction the Proprietors at
two spacial general meetings, which wilt have tu ors
t
for that purpose at convenieut dates.
Approved by the Court,
JEREMIAH I)UNNE, Chairman.
M. J. POWER., Secretary.
May, 3864.

ROYAL ITALIAN OPERA,
Covent-garden.
From this time until the end of the season thcre will be four
opera nights in each week, viz. every Monday.
Thursday, and satsrday. Next week there will be five
nights.
31d.1e. Adelina Patti ; Signor Ti nconi ; Signor Scalese, and
Signor Mario.
TO-MORROW EVENING (Saturday), May 2i,, will be per-
former. Rossini's Opera, IL BAKBIERE Dl S.\
Rosins, Mdile. Adelina Patti; Bertha, Madame Tagliafico ;
Figaro, .1-ignor Itonconi ; Bartolo, Signor :•calese, his fist
appearance in England ; Basilio, Z.AgliOr Tagliand afico ; }',or
ALuaaviva,
elio,
Signor Polonini ; argcnte,s Signor Rossi ;
Signor Mario,

Conductor, Mr. Costa.
Commence at half past Eight.
Pit tickets, 7s. ; amphitheatre hta Is, 10s. 6d., 75., and 55.;
mphitheatre. 2s. 6d. Boxes, stalls, and tickets may be had
th, box-otfic under the portico of the Meal re, which is
open from ten to five, and at the principal muslcsellers' and
Librarians'.

THEATRE ROYAL HAY M ARKET.—
sole Lessee and Manager, Mr, Buckstone.
THIS EVENING. THE BALANCE OF COMFORT.
Mr. Howe and Miss L. Angel.
After which, DAVID GA.RRICK. Messrs Sothern,
Chippendale, Buckstone, Rogers, Clark, ‘Veathersby, dtc. ;
Mesdames Snowden, Welly Moore, Fitzwilliam.
Atter which, the new Easter piece, entitled VENUS AND
ADONIS. Messrs. Compton, Wm. Farren, Coe, &c.; Mes-
dames Louise Keeley, Sni,wden, N elly Power, Rill, Wright,
Bolters, &c.
To con6.ude with MRS. WHITE. Mr. Compton.
Commence at 7.

itOYA.I4 LYCEUM THEATRE.
Under the Sole 31anagement of Mr. Fechter.
Mr. DECEIT ER will
Claudius,
Mform HA3ILE THIS EVENING
(FRIDAY). r. Emery; Po loni ue, Mr. John
Brougham ; Ghost, Mr. G. Jordan ; Laertes, Mr. C. Vanden-
hfr Horatio,
Mr.j. G. Shore ; First Gravedigger, Mr. H.
, ;
Widdicemb ; Osric, Mr. F. Charles; Messrs. W 31`Intyre,
F. Morton,
Raymond, Moreland, Clifford, Edmonds, Wa 11-
bank, Collett ; Ophelia, Miss Kate Terry ; Actress, kiss M.
Beni ade ; and Gertruld, Miss Elsworthy.
The Scenery painted by Mr. W. Telbin.
Notice.—The doors open at half past 7, and Hamlet corn-
mences at 5.
Box Office open daily from Eleven o'clock till Five.

ROYAL
p.aINCESS'S THEATRE._
Sole Lesee and Manager, Mr. Geo. Vininz.
► THIi EVENING, •TLIE OLD STORY. Mr. Dominick
Murray.
Alter which, THE CORSICAN ROTFIERS. Louts
B
and Fabien del Franchi, Mr. Vining ; Chateau Renaud, Mr.
IVal;er Lacy.
To conclude with BORN TO GOOD LUCK. Paddy
O'RafferlY, Mr. Dominick Murray.

NEw THEATRE-ROYAL, ADELPIII.-
Sole Proprietor and Manager, M. B. Webster.
Last Week but two
th ofe
character Ihe Gr.at Traediene' Miss Bateman'in of LEA.tt.
THIS EV ENING,an apropos Sketch, SHAKESPEARE'S
BOLSE : Messrs. J. L. Toole, IL Phillips, Stephenson.
Af er which, at 8, LEAH : Miss Bateman, supported by
Messrs. A. Stirling, R. Phillips, Biliington, Stuart, Eburne,
Stephenson ; Jars. b'illington.
To (3,,aclude with T lIE AREA BELLE
Messrs. J. L. Too'e
P. Bethord, d. Romer, alias Woolgar, and Mrs. H. Lewis.
Commence At 7.

COALS. —The LILLE SHAL L COMPANY'S
COALS.
Direct from their own Collieries.
Marquis' 245. per ton. I Double. ..20s. per ton.
Top 235. „ Nut5.......„....i85. „
Deep 2ls. „
Well screened and delivered within five miles of their De-
pots, Westbounae Park-road, W., and 17, South Wharf ,
Paddington, W.. and Maiden-lane, N.
Best Coke
Terms cash.
JOHN SCOTT, Sole Agent.

TIHE THIRD EDITION OF ', THE SUN,'
Containing the Latest SPORTING INTELLIGENCE
An be had Every Evening of
G. It. GLENIE, NEWS AGE7O4T,
No. 4, Connaught-terrace, Hyde-Park.

The Weather—Sun Office, May 27, 1864.

THERMOM ETER.
This day at Two o'clock 6O
Barometer-29.92.
Wind—N.W.; moderate breeze, and fine.

HIGH WATER AT LONDON BRIDGE.
fsis DAY.—Morning, 6h. 3m.—Afternoon, 6h. 30m
o.)loaßow.-Morning, 6a. 58m.—Afternoon, 7h. EOrn

~aiaa

The most significant item of intelligence brow ht to
Us by the Scotia is the fact that gold was at 183
when the mail left for Europe,

The protracted litigation in the case of CoE v.
WISE, clerk to the Middle Level Drainage Com-
missioners, is destined to follow the course of other
causes celebres, and after passing through the inter-
mediate stages wilt eventually be settled i❑ the
House of Lords. It must be remembered by our
readers that in May, 1862, the sluice of a recently
made water course or cut employed to carry off the
water from certain low lands near the mouth of the
Ouse gave way—the tidal waters rushed up the cut,
the embankment gave way, and some five thousand
acres of land were submerged. A considerable time
elapsed before the ingress of the water could he
checked and the land agai❑ reclaimed ; this, how

ever, was at length effected. The small proprietors,
whore all had,in many cases, been destroyed, turned
for redress and compensation to the commissioners,
whose duty it was to see that the embankments and
sluices of the dykes were kept in proper repair, and
who were empowered by act of Parliament to levy
rates for that purpose. The commissioners, how-
ever, denied their liability, and the present action
is only one of many, but upon the ultimate decision
in this one case all others of a similar nature depend ;
and altogether the amount of compensation claimed
in this individual instance is but small—the sum in
reality at stake is, we believe, upwards of £60,000.
The case for the plaintiff was rested on the alleged
negligence of the commissioners, servants, engineers,
and contractors, both in the original construction of
the works and in their subsequent maintenance,
and especially the case rested on the alleged neglect
of the contractors to puddle the bank, and the
neglect of the resident engineer to observe and
attend to the first symptoms of danger. It was
tried last year at the Spring Assizes before Lord
Chief Justice ERLE, when a verdict for the plaintiff
was obtained, and the present appeal was made
against that verdict by the defendants, on the
ground that being pubic functionaries, acting
gratuitously for the public, they could not be held
liable for aay loss sustained by the plaintiff. Last
Tuesday, in the Court of Queen's Bench, the
Court decided the matter in favour of the com-
missioners, and the plaintiff will therefore carry
it to the House of Lords. The decision
was, however, not unanimous, the Lord. Chief
Justice and Mr. Justice MELLOR being in
favour of the commissioners, while Mr. Justice
BLACKBURN considered that the rule obtained to
set aside the verdict for the plaintiff should be dis-
charged. It is a case of considerable importance,
and the result, whatever it may be, will affect a
large portion of the community. Fur our part, we
cannot see on what grounds the commissioners can
reasonably claim immunity from the responsibilities
of an office, the holding of which is not compulsory,
but which is undertaken for their own advantage.
The commissioners are all landed proprietors in the
district benefited by the Middle Level Drainage
they had undertaken to carry out, or cause to be
carried out. It was provided by the Act that
owners of 200 acres of land liable to be taxed under
it might appoint a commissioner, and that the
oommissioners appointed under that and the pre
vious Acts, which were not repealed, should form
the Middle Level Drainage Commissioners. It
was provided that the banks, sluices, and other
works should be vested ia the commissioners, and
it was expressly enacted that they should make
and maintain the new cut and sluice. They ful-
filled this undertaking in the usual way, by em-
ploying engineers to prepare plans, and contractors
to construct the works; and it is not denied that
the plans and specifievatons comprised puddle, and
all that was requisite for the construction of works
required by the Act. The new cut was made, with
the banks and sluice, and had been in existence
about twelve years at the time of the inundation,
having been completed in 1848. Now the question
may very naturally be asked,—What is the use of
appointing commissioners to take charge of work-
of great importance, upon whose good construction
and efficiency the safety of a vast amount of pro
party and even of human life depends, if they may
neglect the duties which they have undertaken
with impunity ? We do not for a moment attri-
bute wilful neglect to the commissioners; but, from
the evidence adduced at the time of the catastrophe,
it is perfectly certain that there was negligence,
and that proper means were not taken to
prevent accidents when the sluice and the adjacent
banks were found to be in an unsafe state. In the
trial before Lord Chief Justice EItLE, the jury did
not find that the banks and sluice had been
badly constructed, as stated by the plain tiff, but
they did find that after their construction they
had not been kept in a proper state of repair.
Mr. Justice BLACKBURN, in giving his view of
the case last Tuesday, very properly observed that
the Drainage Commissioners, from the nature of
their body, could not maintain the sluice except
through the agency of others, surveyors, engineers
and other agents acting fir them ; and while
was argued, on behalf of the defendants, that the
finding of the jury must be understood to mean
that the defendants had negligently chosen in-
competent persons, he accepted it only as a find-
mg that the sluice might, with due care and skill,
have been maintained, and that due care and skill
were not applied to maintain it. The Drainage
Commissioners, as Mr. JUStiCeBLACKBURN showed,
are not held responsible for the negligence of their
servants, on which ground they might claim ex
emption on the plea that persons entrusted with
the performance of a public duty, which they dis-
charge gratuitously, are exempted from liability
for the negligent acts of those employed by them;
but they are " not sought to be charged for the
collateral negligence of their servants, but for the
non-fulfilment of a duty which was, it is alleged,
imposed by ;Act of Parliament on the Drainage
Commissioners themselves." The fact of the mat-
ter is that a false economy was the root of the
evil. The expense of keeping the embankment and
sluice in a state of repair was defrayed by local
rates; now the commissioners being, in most cases,
large landed proprietors were directly or indirectly
interested in keeping down the rates to a minimum,
and the engineer who recommended the smallest
outlay upon the works would naturally find most
favour with the Commissioners. This does not
apply particularly to the case of the Middle Level
Commissioners, for it is the system pursued through-
out the entire ten districts. It may be a very
naturel course to follow, but it is at the same time,
a most unwise one. It is always hoped
that the embaukments will not give way, and when
they do so, every one exclaims, " Who would have
thought it ?'' Water is an ever-acting agent and
is not to be trifled with, as the sad calamity at
sthlueicneeaCnesdeaermybpanrekcinauentitongsavtehawtayth,eanMdihdud
Sheffield can testify ; and it is solely by neglecting
e
hundreds r ed Level
o f
industrious families were reduced to destitution.
It weuld certainly be hard to compel a few indi-
viduals out of their private means to reimburse the
numerous sufferers by this calamity ; and although
we consider the Commissioners to be legally liable
to the injured parties, we are nevertheless of opinion
that those who appointed them ought to pay the
expenses attendant on the misfortune which was
occasioned by the negligence of those in their tier.

vice. The owners of property in the district em-
braced in the confines of the Middle Level are
numerous, and it would be only just to empower
the Commissioners to levy a rate to liquidate their
moral if not legal liabilities -0 those who have
suffered by this calamity. This would be a prac-
tical and reasonable way of settling the difficulty ;
but if legal technicalities are to upset and pervert
the objects for which the Cimmission was appointed
the sooner the whole system is altered the better.
If the Commissioners are not responsible for the
negligence of their servants or the non-fulfilment
of works which they had undertaken to execute,
let the shadow of responsibility be removed from
Ithem to be replaced by the substance.

The correspondence on the subject of the Con-
federate Steam Rams it very well worthy of atten-
tion, and may serve to furnish topics of conversation
and food for reflection, As usual, Earl RUSSELL
appears to great disadvantage, and his attempts to
get up a stock of virtuous indignation are signally
futile. Lord LYONS was placed in an awkward
position when he was directed to forward such a
communication. A men of his spirit and sagacity
must have felt that the message, or despatch, was
quite unsuitable to the occasion, and alike unfitted
to the country from whence it came and the State
to which it was sent. He acquitted himself of this
difficulty task in a very creditable manner. The
extracts taken from the despatch of Earl RUSSELL
I are most marked in their expression, and the general
tone which prevails throughout his lordship's com-
municatioa is very adverse to those to whom it is
addressed. It is quite unwarrantable for him to
assume so much and to prove se. little, to impute
motives to others that are not founded on fact, and
which rest only on the basis of his own imaginings,
or the exaggerated statements of interested parties
and unscrupulous informers. In the first place, he
sets out by protesting against the practice of
building war vessels in this country, which he
says it is the habit of the Confederates to do. Tais
formal remonstrance comes ill from a Minister who
has been aftaid to prove his words in a Court of
law. The day after the communication is made
public that was forwarded to President DAvis by
our Foreign Secretary, the official decision of the
Government is made known not to proceed with
the case of the Steam Rams. This is an untoward
incident, because it shows that we cannot make the
allowance for the noble lord that he acted upon
conviction. If he had been sure of his case he
would never have given up at the eleventh hour,
and withdrawn from the struggle before it had
commenced in earnest, but when ad was ready and
prepared. Such a climax is a very unpropitious
one, and deep in the mind and long in the memory
of the land. will live this unpropitious conjuncture.
The English are not at all a sentimental people,
they will not rush to war for an idea, they do not
like extremes in anything, but flat contradiction in
action and words is rather too much for solid sense
and straightforward feelings. As if injuries were
not enough, the SOLON of the Foreign-office must
add insults to them. He has the cool impertinence
to style his correspondents as the authorities of
the "eo.called Confederate States." Such paltry
subterfuge and mere spite is totally unbecoming
the representative of the majesty of England in
holding communication with a people whose
courage and constancy have gained them the
applause and admiration of all judges of spirited
conduct in the Old and New World. Earl Rus-
SELL had better have taken a lesson from his col-
league the Chancellor of the Exchequer, who long
on m
ago had the wit to appreciate and the candour to
Avowates the
He
n claimsso of A
vND the
is had Cfe daed
e
the South a nation. It is not likely that Mr.
GLADSTONE would risk his reputation by ignoring
the it_ fluence of such actions, or the importance of
such victories as those which have taken place in
the struggle for independence now for a second
time waged in the fields of America. Earl RUS-
SELL applies himself to a very ungracious task in
censuring the conduct of the Confederate States for
building the rams, when all the time the case has
not been proved, nor has the trial taken place. It
seems as if, half ashamed of his perverse prejudice,
he sought a decent eiecuse or a plausible pretext
for his extreme measures and extraordinary conduct,
After all, he falls back on the flimsy pretext o 1
flattery, and expresses a hope that the " frankness,
courtesy, and discernment" of Mr. DAVIS will re-
cognise the necessity that exists for the measures
he has adopted. Els' RussiLL has often shown
that he has no frankness or courtesy in the affairs
of this long and arduous war, now he seems re-
solved to show that ho is equally deficient in dis-
cernment. A ruler who would countenance pro-
ceedings such as have been attributed to the
Confederates by their opponents would not possess
any of the qualities so pretentiously cited. Ac-
cording to this despatch,
the conflicting statements
have been tried before a court from which there is
no appeal, and that is the opinion of Earl RUSSELL
and his coadjutors. A more insolent and overbear-.
ing communication has seldom been sent from a
ountry like this. Well does it deserve the signal
setting-down which it receives from the man to
whom it is addressed, and no one who has read the
one can fail to appreciate the other. President
DAVIS could not have been more happy in his
statement
reply to this absurd and insulting despatch. In
every line of his bold and unflinchinghe vindicates his right to his eminent position, and
proves himself equal to the occasion, which is a
great thing to achieve. Many who can originate
and send forth a fulminating decree, and enunciate
a policy for themselves cannot always be up to the
mark when called upon to make a retort. President
Divots ie great in reply, and he comes out of the
contest with flying colours. It is derogatory to the
dignity of the Foreign Secretary to be told the
truth so plainly to his facet and to be assured
that he is assuming a position which he does not
really possess, and cannot therefore claim the regard
to which he considers himself entitled. Some of
the retorts here met with are capital, and very fully
reveal the state of the case. In the first place, we
meet with a dignified repulse for.theunwarrantable
insolence which was displayed in
Earl RUSSELL'S
appellation of the " scrcalled Confederate States."
This impertinence is truly. characterised as a
" studied insult ;" and, furthermore, it is averred
that, if repeated, such documents will be returned
unnoticed. The chief magistrate of more than
twelve millions can well *oak in this style, and it
wiicti he goes on to state
is only a proper retort
tahragtetrhtehtaenrrtiltieerytronfitteid Eiingclom. As at prz.:..ent y
these millions is man
l times
coustitztet, our foreign policy seems calculated to
do little else besides drawing down the acorn and
ridicule of other States and divers nations. Can
anything be so silly, as well as so uncalled-for, as
the novel mode by which Earl RUSSELL seems to
have essayed to extinguish the prestige of the
Confederates, and to crush out their attempts at
nationality ? No one likes to be ignored, and it is
enough to irritate the most placid, and to excite
the calmest, to witness such injustice as that which
actuates the course pursued by our Cabinet, Pre-
sident DAVIS speaks the sentiments of many not
only in his own dominions, but on our shores, and
also throughout the several States, who now study
the events and discuss the principles of the great

American contest. He tells this overweening
member of an exclusive and prejudicial Go-
vernment, that he does not fairly represent
the spirit nor express the sentiments of the
English nation. This is perfectly true, and
it must be very annoying to be told so pub-
licly. However Earl RUSSELL has drawn down
his condemnation on himself by his unparalleled
impertinence, and the insufferable impartiality he
has displayed throughout the whole period of this
momentous struggle. If anything could add to
these errors it would be the assurance of declaring
that he is always actuated by the desire to preserve
a strict neutrality. Such a state of things cannot
be allowed to last for ever, and even now he is being
told of his conduct in a way and after a fashion that
he cannot admire. The frank and independent style
of the justly indignant protestation of President
DAVIS must forcibly strike all who peruse his an-
swer, and stand out in bold relief from the mix-
ture of hesitating language and impudent assump-
tions that so especially distinguish Earl RUSSELL'S
communicat!-n. President DAVIS has studied the
history and traditions of the Anglo-Saxon race to
too much purpose to believe that insult and injustice
form the component parts of any policy that they
may uphold. Circumstances put wrong people in
wrong places, to the great detriment of their own
reputation, the injury of those they profess to serve,
and the disadvantage of all who are in any way
connected with them in periods of trial and per-
plexity. It will be well for all the parties concerned,
in immediate or remote capacities, with its workings,
when the Foreign Office has another Secretary of
State.

LATEST INTELLIGENCE.

LREUTER'S TELEGRAMS.]

AMERICA.
NEW YORK, MAY 18 (Morning.)
(Per the Scotia, via Crookhaven.)

No general engagement has occurred in Virginia
since the 12th.

The reported abandonment of Spottsylvania
Court-house by General Lee is untrue.
Both armies confront each other at Spottsylvania,
Loe holding a strong position north of the Court-
house. Heavy rains have prevented further mili-

tery operations.
An impression gains ground that General Grant's
losses are larger, and the present condition of his
army less favourable than was previously supposed.
Reinforcements are being hurried forward to

Grant.
Southern papers state that all the damage done
by the Federals to Lee's communications has been

repaired.
The Confederates have attacked General Butler
before Drury's Bluff, in front and in rear, inflicting
considerable loss, and compelling him to retire to

his
rhr Confederates have also defeated General
Sigel at Newmarket, capturing five guns.
He retreated across the Shenandoah in good order
to Strasburg, with the loss of 650 men.
Geo. Sherman has occupied Dalton and Resaca,
Gen. Johnstone retreating towards Atlanta, hotly
pursued by the Federals. Two days fighting occurred
at Resaca.

—____
A portion of Gen. Banks army has been compelled
to March overland to the Mississippi River fighting

its way out.
A forged proclamation was issued this morning
announcing a call by President Lincoln for 400,000
men, and declaring Grant's campaign closed. The
publication of the document caused intense though

temporary excitement.
COMMERCIAL INTELLIGENCE.

Money easy. Gold 82 prem. Stocks firm and
advancing. New York Central, 1368; Illinois, 1331;
Erie, 115}.

(FROM THE TIMES' CORRESPONDENT.)
NEW YORK, MAY

Up to 8 a.m. on Monday there had been no fur-
ther engagement or movement of importance by
either Grant or Lee.

Lee's reported crossing of the rivar Pa, on Thnrs
day night, is contradicted—his centre and left stil

maintain their positions in front of Spottsylvania
Courthouse. On the 13th inst. Meade announced
to the Federal troops that they had captured 18
cannon, 22 colours, and 8,000 prisoners; but that
their work was not yet over, and exhorted them to
renewed courage and fortitude.
Heavy rains on Friday, Saturday, and Sunday
have prevented Grant from advancing ; but it is
believed that, in reality, be has been compelled to
await the arrival of reinforcements. From 50,000
are asserted to have been sent.

General Sheridan penetrated to the outer line of
the Richmond defences, where he was attacked by
Stuart's cavalry, and driven into Butler's lines at
Turkey Island Bend, on James River, with the loss
of upwards of 1,000 men killed, wounded, and
missing. He reports, under date the 9tb, having
destroyed portions of the Fredericksburg and the
Virginia Central Railways, and a large quantity of
rolling stock and stores.

Confederate despatches of the 11th announce that
the Virginia Central Railway had been restored to

running order.
General Butler reports sharp skirmishing, and
the occupation of some unimportant Confederate
works in rear of Fort Darling, by Baldy Smith's
and Gilmore's forces on the 11th.
General Beauregard, on the 11th inst., made a
detour to the west of the Petersburg and Richmond
Railway, marching in the direction of Richmond,
and is believed to have joined Lee.
Secretary Stanton published despatches from
Sherman, which state that, by a flank movement
~gainst Resaca, he compelled Johnston to evacuate
Dalton on Friday night. An engagement between
the armies of those Generals ensued on the follow-
tug day, whioh was continued on Sunday. Sher-
man admits a loss of 3,000 killed and wounded.
At midnight Johnston's forces evacuated Resaca,
retiring towards Rome, Sherman is reported to be
pursuing.

MAY 18, 11 A,M.

Despatches from Grant's army, to noon yester-
day, report considerable skirmishing on Monday
afternoon and night. The lines of both armies re-

main unchanged.
Official despatches from Butler stated that on
Monday, during a thick fog, the Confederates sur•
prised Baldy Smith's forces, and drove them from
their position in great confusion and with heavy
loss. The Federals subsequently rallied, and the
Confederates returned to their defences. Butler
was also attacked at the same time, and forced to
retire to his entrenchments, near James River.
The defeat of Sigel, reported on Saturday last,
was premature. On Sunday he was attacked at
Newmarket, in Shenandoah Valley, by Breckin.
ridge, and driven to Strasburg, with loss of nearly
1,000 men and five cannon.
The steamer Fulton, from Port Royal, reports a
general engagement in progress between Admiral
Dahlgren's fleet and Confederate batteries in
Charleston, including Sumter, on the loth.
Some of this morning's papers publish a procla-
mation, purporting to be issued by President Lin.
cola on the 17th inst., which, after presenting the
militarybituation in a most gloomy light, and api