by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.

XII. The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President; and they shall make distinct lists of all persons voted for as President and of all persons voted for as Vice President, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate ;-the President of the Senate shall in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted: the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the repre

sentation from each state having one vote; a quorum for this purpose shall consist of a member or members

from two thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March, then next following, then the Vice President shall act as President, as in case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors ap-· pointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for that purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary

to a choice.

But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice President of the United States.

Commonwealth of Massachusetts.

IN SENATE, February 19, 1833.

The Joint Committee on Railways and Canals, to whom was referred the petition of Nathan Hale and others, Directors of the Boston and Worcester Rail Road Corporation, for a Rail Road from Worcester to the line of the State, have attended to the duty assigned them, and ask leave to report a Bill.

C. HUDSON, Chairman.

In the Year of our Lord, One Thousand Eight Hundred and Thirty-Three.

AN ACT

To establish the Western Rail Road Corporation.

1 SEC. 1. BE it enacted by the Senate and House of 2 Representatives in General Court assembled, and by 3 the authority of the same, That Nathan Hale, David 4 Henshaw, George Bond, Henry Williams, Daniel 5 Denny, Joshua Clapp, and Eliphalet Williams, their 6 associates, successors and assigns be, and they here7 by are made a body politic and corporate, under 8 the name of the Western Rail Road Corporation, 9 and by that name shall be, and hereby are made ca10 pable in law to sue and be sued to final judgment 11 and execution, plead and be impleaded, defend and 12 bę defended, in any Court of Record, or in any other

13 place whatsoever; to make, have, and use a com14 mon seal, and the same to break, renew or alter at 15 pleasure; and shall be, and are hereby invested with 16 all the powers, privileges and immunities which are 17 necessary to carry into effect the purposes and ob18 jects of this Act, as herein after set forth. And the 19 said Corporation are hereby authorized to lay out 20 and construct a Rail Road, from the Boston and 21 Worcester Rail Road to the Connecticut river, in 22 the town of Springfield, and across the said river to 23 the western boundary of the State, in a direction 24 towards the Hudson river, or to any other rail road 25 which may be constructed, leading from any part of 26 the County of Berkshire to the said river, in such 27 direction, and in such manner and form as they shall 28 deem to be most expedient. And for this purpose, 29 the said Corporation are authorized to lay out their 30 road, not exceeding five rods wide, through the 31 whole length, and for the purpose of cuttings, em32 bankments, and procuring stone and gravel, may 33 take as much more land as may be necessary for 34 the proper construction and security of said road. 35 Provided, however, That all damages that may be 36 occasioned to any person or corporation, by the 37 taking of such land or materials for the purposes 38 aforesaid, shall be paid for by said corporation in the 39 manner herein after provided.

1

SEC. 2. Be it further enacted, That the capital 2 stock of said corporation shall consist of not less 3 than ten thousand, nor more than twenty thousand 4 shares; and for the purpose of receiving subscriptions 5 to the said stock, books shall be opened, under the 6 direction of the persons named in the first section of