an Attorney for said Territory, who shall continue in office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as the Attorney of the U. S. for the present Territory of Utah. There shall also be a Marshal for the Territory appointed who shall hold his office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as Circuit and District Courts of the U. S.; he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees as the Marshal of the District Court of the U. S. for the present Territory of Utah, and shall in addition be paid two hundred dollars as a compensation for extra services.

SEC. 12. And be it further enacted, That the Governor, Secretary, Chief Justice, and Associate Justice, Attorney, and Marshal shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the U. S. The Governor and Secretary to be appointed as aforesaid shall, before they act as such, respectively make an oath or affirmation before the District Judge or some Justice of the Peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice or some Associate Justice of the Supreme Court of the U. S., to support the Constitution of the U. S., and faithfully discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said Secretary among the executive proceedings; and the Chief Justice and Associate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some Judge or Justice of the Peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certified and recorded, in such manner and form as may be prescribed by law. The Governor shall receive an annual salary of two thousand five hundred dollars. The Chief Justice and Associate Justices shall each receive an annual salary of two thousand dollars. The Secretary shall receive an annual salary of two thousand dollars. The said salaries shall be paid quarter-yearly, from the date of the respective appointments, at the Treasury of the U. S.; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles travel in going to and returning from the said sessions, estimated according to the nearest usually traveled route, and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside. And a Chief Clerk, one Assistant Clerk, a Saergent-at-Arms, and Doorkeeper, may be chosen for each House; and the Chief Clerk shall receive four dollars

per day, and the said other officers three dollars per day, during the session of the Legislative Assembly; but no other officers shall be paid by the U. S.: Provided, That there shall be but one session of the Legislature annually, unless, on an extraordinary occasion the Governor shall think proper to call the Legislature together. There shall be appropriated, annually, the usual sum, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a Clerk of the Executive Department, and there shall also be appropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the U. S., to defray the expenses of the Legislative Assembly, the printing the laws, and other incidental expenses and the Governor and Secretary of the Territory shall, in the disbursement of all moneys entrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the U. S., and shall, simi-annually, account to the said Secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said Legislative Assembly for objects not specially authorized by the acts of Congress making the appropriations, nor beyond the sums thus appropriated for such objects.

SEC. 13. And be it further enacted, That the Legislative Assembly of the Territory of Nebraska shall hold its first session at such time and place in said Territory as the Governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the Governor and Legislative Assembly shall proceed to locate and establish the seat of government for said Territory, at such place as they may deem elligible, which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly.

SEC. 14. And be it further enacted, That a Delegate to the House of Representatives of the U. S., to serve for the term of two years, who shall be a citizen of the U. S., may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the U. S. to the said House of Representatives, but the Delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the Governor shall appoint and direct, and at all subsequent elections the times, places and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the Governor to be duly elected, and a certificate thereof shall be given accordingly. That the Constitution and all the laws of the U. S. which are not locally inapplicable shall have the same force and effect within the said Territory of Nebraska as elsewhere in the U. S., except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6th, 1820, which being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery in

to any Territory or State; nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the U. S.: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of March 6th, 1820, either protecting, establishing, prohibiting, or abolishing slavery.

SEC. 15. And be it further enacted, That there shall hereafter be appropriated, as has been customary for the Territorial Governments, a sufficient amount, to be expended under the direction of the said Governor of the Territory of Nebraska, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of government, and for the purchase of a library to be kept at the seat of government for the use of the Governor, Legislative Assembly, Judges of the Supreme Court, Secretary, Marshal and Attorney of said Territory, and such other persons, and under such regulations as shall be prescribed by law,

SEC. 16. And be it further enacted, That when the lands in the said Territory shall be surveyed under the direction of the Government of the U. S., preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory, shall be and the same are hereby reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same.

SEC. 17. And be it further enacted, That until otherwise provided by law, the Governor of said Territory may define the judicial districts of said Territory, and assign the Judges who may be appointed for said Territory to the several districts; and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation to be issued by him; but the Legislative Assembly at their first or any subsequent session may organize, alter, or modify such Judicial Districts, and assign the Judges and alter the times and places of holding the courts as to them shall seem proper and convenient.

of

SEC. 18. And be it further enacted, That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the Territory of Nebraska, who, by virtue of the provisions any law now existing, or which may be enacted during the present Congress, are required to give security for moneys that may be entrusted with them for disbursement, shall give such security, at such time and place, and in such manner, as the Secretary of the Treasury may prescribe.

ARTICLE II.

Valley of the Ohio.

BY MANN BUTLER, ESQ.

Continued from page 272, vol. XII. No. 4.

RECAPTURE OF VINCENNES BY THE BRITISH. CAPT. HELM. GOV. HAMILTON. BRITISH PLAN OF CONQUEST FOR THE WESTERN COUNCLARK'S PLAN FOR RECOVERING VINCENNES FROM THE

TRY.
BRITISH.

After all this success in this distant and most adventurous command, Col. Clark began to entertain great apprehensions for St. Vincents; no news had been received from that place for a considerable length of time. About the 29th of January, 1779, Col. Francis Vigo, an Italian merchant, then in partnership with the Governor of St. Louis, still (in 1832) at the age of 86, a most respected and patriotic citizen of Vincennes,* brought intelligence that Governor Hamilton, of Detroit, had marched from that place in December, 1778, had captured St. Vincents and again reduced it under the power of the British.†

Owing to the advanced stage of the season, the British commandant postponed his operations against Kaskaskia; and in order to employ his restless Indian auxiliaries, whom he had brought with him, to the number of about four hundred, he detached some of them against the settlements of Kentucky; and others to watch

* At this advanced age he most cheerfully instituted inquiries for the author among his compatriots, alas now gone with a long line of ancient friends to his last account.

†There is an anecdote respecting Capt. Leonard Helm connected with the capture of that place, then under his charge, evincing a fearless intrepidity which would ill be omitted. It was communicated to me by the friendly interest of Judge Underwood [now, 1852, in the Senate of the U. S.,] and his venerable relative Edmund Rogers, Esq., of Barren county, Ky., a brother of Captain John Rogers, appointed to the galley called the Willing, which was sent from Kaskaskia to ascend the Wabash. The latter gentleman was personally intimate with Clark and his officers for years. When Gov. Hamilton entered Vincennes, there were but two Americans there, Capt. Helm, the American commandant, and one Henry. They had charged a cannon and placed it in the fort-gateway, while Helm stood by with a lighted match in his hand. When Hamilton, at the head of his troops, got within hailing distance, Helm cried out, in a loud voice, "Halt." This stopped the movement of Hamilton, and in reply, he demanded a surrender of the garrison. Helm exclaimed with an oath, no man shall enter here until I know the terms. Hamilton then told him, "You shall have the honors of war ;" and then the fort was surrendered with its whole garrison of one officer and one private. Such is a specimen of the character of Col. Clark's followers. They were the very choice men of Virginia and the western frontier, superior to the Indians in arms, equal to them in hardihood, and nearly so in the peculiar arts of the forest. Dangers they scarcely counted, and difficulties presented themselves but to be overcome.-Correspondence of Judge Underwood with the author.

on the Ohio river. In the spring, he contemplated re-assembling his forces for a grand campaign, which should first be directed against Kaskaskia. At this point, which he had no doubt of carrying, he was to be joined by two hundred Indians from Michillimackinack, and five hundred Cherokees, Chickasaws, and other tribes.* With this force united to his own, Gov. Hamilton had orders from the commander in chief in Canada, "to penetrate up the Ohio to Fort Pitt, sweeping Kentucky on his way, and taking light brass cannon for the purpose. So flushed was the British commander with the hopes of conquest, that he made no doubt, he could overrun all West Augusta.†

The same gentleman [Col. Vigo,] informed Col. Clark, that Gov. Hamilton had not more than eighty men in garrison, three pieces of cannon and some swivels mounted. Stimulated by this information, with the promptitude inspired by his eminent genius for war, our daring commander determined, in the opinion of the late John Randolph, like his most suitable prototype, the great Hannibal, to carry the war into the enemy's country — as Clark said, “I knew if I did not take him [Hamilton], he would take me"*

A large Mississippi boat was immediately fitted up by Clark, as a galley mounting two four pounders and four swivels, obtained from the enemy's fort at Kaskaskia. It was placed under the command of Capt. John Rogers with a company of forty-six men. This party had orders to force their way up the Wabash, if possible, station themselves a few miles below the mouth of White river, suffer nothing to pass and wait for further orders. This expedition being determined on, the French inhabitants of Cahokia and Kaskaskia raised two companies to join it. The author delights to record this harmony between the ancient French inhabitants of the Illinois and his own countrymen. The men from the

Clark's Letter to Gov. Jefferson, in the Correspondence of the latter,

I, 457.
The western part of Virginia adjoining the Blue Ridge.

vol.

The Revd. Mr. Peck in his edition of the Western Annals, by the lamented Perkins, p. 207, says that Clark "employed Col. Francis Vigo, then a resident of St. Louis, to make an explanation of the circumstances and strength of the enemy at Post Vincennes." There is no intrinsic improbability in this statement; yet I have not met with any authority for it, either in the Memoir of Clark or his Letter to Gov. Jefferson, [I. 451, Dillon, p. 151.] All the writers that I have seen, have rested, and very properly their statement of this matter, on the Memoir of Clark himself, first published by the author in his History of the Commonwealth of Kentucky. I think I have heard of a life of Col. Vigo, have not met with it.