7 May; provided, that of the members of said Board 8 first appointed, two shall be appointed for the term 9 of one year, and three for the term of two years, 10 and, as their terms of office expire, others shall be 11 appointed in their places, to hold their offices for 12 two years respectively, and no person shall be ap13 pointed commissioner or special commissioner who 14 holds any office in any rail-road corporation. 15 Any commissioner or special commissioner ap16 pointed under this act, may be removed by the Gov17 ernor, by and with the advice of the Council, and 18 any vacancy by removal, death, resignation or other19 wise, shall be filled by an appointment for the re20 mainder of the term of the member whose place is 21 to be filled. One member of said board shall be 22 designated in his commission as chairman thereof, 23 who shall preside in all meetings of said board when 24 present, and in his absence the board may appoint a 25 chairman pro tempore.

SECT. 2. The Governor, by and with the advice 2 of the Council, shall also appoint and commission 3 two persons as special rail-road commissioners, who 4 shall respectively hold their offices for two years, to 5 commence on the first day of May; provided, that 6 of the special commissioners first appointed, one 7 shall be appointed for one year and one for two years, and as their terms of office expire others shall 9 be appointed in their places, to hold their offices for 10 two years respectively; and in case any commis11 sioner shall be directly interested in any question 12 before the board, or if the proposed road or any 13 part thereof, shall lie in the town in which any com

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14 missioner resides, the chairman shall give notice to 15 one or both of the special commissioners, as the case 16 may require, who shall act in that matter with the 17 same power and authority as the commissioner or 18 commissioners who are disqualified to act.

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SECT. 3. Any petition for a rail-road charter may 2 be addressed to said board, and presented to the 3 chairman on or before the first day of November in 4 each year; and it shall be the duty of said chairman 5 to issue orders of notice to all persons interested in 6 any such petition, and to make the same returnable 7 at some convenient time and place for a hearing; 8 and the said board may, whenever they deem it ne9 cessary for the full understanding of the matter, and 10 the furtherance of justice, adjourn any meeting, is11 sue further orders of notice, require further plans, 12 surveys or estimates, and make view of the proposed 13 route or track; and they shall have as ample powers 14 as the Justices of the Supreme Judicial Court have, 15 to issue summonses, compel the attendance of wit16 nesses, and to preserve order.

1 SECT. 4. Petitioners, before presenting their pe2 titions, shall comply with the requisitions of the 46 3 section of the 39 chapter of the Revised Statutes, 4 and of all such acts as may be in force on the same 5 subject.

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SECT. 5. The said board shall, on or before the 2 tenth day of January, in each year, make to the Le3 gislature a detailed report of each case examined by 4 them, with the material facts and evidence bearing

5 upon the case, accompanied by the petition, esti6 mates, plans, surveys and other documents; and the 7 said petition, upon such report, may be acted upon 8 by the Legislature without further orders of notice.

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SECT. 6. The said commissioners shall be paid 2 by the petitioners, in each case, and shall each be 3 entitled to receive in full for their services, at the 4 rate of one dollar for every ten miles necessary 5 travel, and five dollars a day for the time employed 6 in discharging the duties of their office; and they in each case, before proceeding to the examina8 tion, require the petitioners to give bond with suffi9 cient sureties, to the chairman, for the payment 10 thereof.

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may,

SECT. 7. This act shall take effect from and after 2 its passage.

Commonwealth of Massachusetts,

HOUSE OF REPRESENTATIVES, March 18, 1845.

Ordered, That the Committee to whom was referred the message of His Excellency upon the subject of the treatment of Hon. Samuel Hoar in South Carolina, be directed to report to this Legislature resolves to the following effect, viz:

That Massachusetts is restrained from further present action in behalf of her citizens, imprisoned in South Carolina solely on account of their color, and from the exercise of her own powers to protect the commerce of her citizens, by her unwillingness to do the slightest violence to the Constitution of the United States, the protection of which she is claiming for her own citizens in the premises;

That South Carolina having, by her constituted authorities, interfered to prevent access to the courts of the United States within her territory, it becomes the duty of the General Government to afford to citizens of our Commonwealth, while in another State, all the rights guaranteed to them by the Consti tution of the United States; and

That Massachusetts now demands, and will continue to demand, that the General Government make such change in the

jurisdiction of the Federal Courts, or such other provisions of law, as will enable any citizen of Massachusetts, who may hereafter be imprisoned in any other State, solely on account of his color, to urge his claim to liberty and protection in the courts of the United States; and that our Senators and Repre sentatives be requested to lose no opportunity of urging this subject upon the consideration of Congress.