ed the following proclamation previous to the election which was held on August 3d:

General Orders, No. 120.

HEADQUARTERS, Department, OF THE OHIO,

CINCINNATI (OHIO), July 81st, 1863.

Whereas the State of Kentucky is invaded by a rebel force, with the avowed intention of overawing the judges of elections, of intimidating the loyal voters, keeping them from the polls, and forcing the election of disloyal candidates at the election on the 3d of August; Whereas the military power of the Government is the only force that can defeat this attempt, the State of Kentucky is hereby declared under martial law, and all military officers are commanded to aid the constituted authorities of the State in support of the laws and of the purity of suffrage, as defined in the late proclamation of his Excellency, Governor Robinson.

As it is not the intention of the commanding general to interfere with the proper expression of public opinion, all discretion in the conduct of the election will be as usual in the hands of the legally-appointed judges at the polls, who will be held strictly responsible that no disloyal person be allowed to vote, and to this end the military power is ordered to give them its utmost support.

The civil authority, civil courts, and business will not be suspended by this order. It is for the purpose only of protecting, if necessary, the rights of loyal citizens and the freedom of election.

By command of Major-General BURNSIDE. In the western part of the State the following order was issued:

General Order, No. 47.

DISTRICT OF COLUMBUS, HEADQUARTERS, 6th Divi-
SION, 16th ARMY CORPS,

COLUMBUS, Ky, July 29th, 1863. That no further doubt may exist as to the intention and meaning of Special Order No. 159, dated Headquarters 16th Army Corps, July 14th, 1863, it is ordered that no person shall be permitted to be voted for, or be a candidate for office, who has been, or is now, under arrest or bonds, by proper authority, for uttering disloyal language or sentiments.

County Judges within this district are hereby ordered to appoint, as judges and clerks of the ensuing August election, only such persons as are avowedly and unconditionally for the Union and the suppression of the rebellion, and are further ordered to revoke and

recall any appointments of judges and clerks already made, who are not such loyal persons.

Judges and clerks of elections are hereby ordered not to place the name of any person upon the poll books to be voted for at said election, who is not avowedly and unconditionally for the Union and the suppression of the rebellion, or who may be opposed to furnishing men and money for the suppression of the rebellion.

The following oath is prescribed and will be administered by judges of elections to voters and to such candidates as reside within this district:

Form of Oath.-I do solemnly swear that I have never entered the service of the so-called Confederate States, that I have not been engaged in the service of the so-called Provisional Government of Kentucky, either in a civil or military capacity, that I have never, either directly or indirectly, aided the rebellion against the Government of the United States, or the State of Kentucky, that I am unconditionally for the Union and the suppression of the rebellion, and am willing to furnish men and money for the vigorous prosecution of the war against the rebellious league known as the Confederate States; so help me God.

Any voter, judge, or clerk of elections, or other person, who may evade, neglect, or refuse compliance with the provisions of this order, will be arrested and sent before a military commission, as soon as the facts are substantiated.

By order of Brigadier-General ASBOTH.

T. H. HARRIS, Assistant Adjt.-General.

In Henderson county the following order was issued:

General Order No. 12.

HEADQUARTERS U. S. FORCES, HENDERSON, Ky.,
July 28th, 1863.

In order that the proclamation of the Governor and the laws of the State of Kentucky may be observed and enforced, post commandants and officers of this command will see that the following regulations are strictly complied with at the approaching State election: None but loyal citizens will act as officers of the election.

No one will be allowed to offer himself as a candidate for office, or be voted for at said election, who is not in all things loyal to the State and Federal Government, and in favor of a vigorous prosecution of the war for the suppression of the rebellion.

The judges of election will allow no one to vote at said election unless he is known to them to be an undoubtedly loyal citizen, or unless he shall first take the oath required by the laws of the State of Kentucky.

No disloyal man will offer himself as a candidate or attempt to vote, except for treasonable purposes; and all such efforts will be summarily suppressed by the military authorities.

All necessary protection will be supplied and guaranteed at the polls, to Union men, by all the military force in this command. By order of

JOHN W. FOSTER, Col. Commanding.
W. A. PAGE, Lieut. and Adjt.

Oath to be taken at the Election.-I do solemnly swear that I have not been in the service of the so-called Confederate States, in either a civil or military capacity, or in the service of the so-called Provisional Government of Kentucky; that I have not given any aid, assistance, or comfort to any person in arms against the United States; and that I have in all things demeaned myself as a loyal citizen since the begin- . ning of the present rebellion. So help me God.

On July 16th Colonel Johnston published an order at Smithlands, directing the judges and clerks of the election in the adjacent counties "not to place the name of any person on the poll books, to be voted for at the election, who is not a Union man, or who is opposed to furnishing men and money for a vigorous prosecution of the war against the rebellion. Any person violating this order will be regarded as an enemy to the United States Government, and will be arrested and punished accordingly."

On July 30th General Shackelford published an order very similar to that of Colonel Foster above.

The effect of Gen. Burnside's proclamation on the result of the election was thus reported by the press: The "Cincinnati Commercial " said:

have been produced by a small boy whistling "YanIt had no more effect upon the election than would

kee Doodle

morning. It was unwise to issue such a proclamation, at the State capital, at six o'clock in the as the only effect it has produced is in giving a color of plausibility to the pretence made by the Wickliffe party, that they were defeated by bayonets. The procfamation didn't influence the election, but it has impaired, if not destroyed its moral force.

The "Louisville Journal" said:

There never was more fairness, more justice, more freedom in the election, than was practised and accorded by the friends of the Union last Monday.

In reply to this the "Louisville Democrat" said:

Below we continue further correspondence from different sections of the State, illustrating the "fairness," "justice," and "freedom" of the election of Monday, August 3d, 1863.

A memorial addressed to President Lincoln by Judge S. S. Nicholas, of Louisville, Kentucky, makes the following statement:

On August 1st, Colonel Mundy, commanding at Louisville, issued his proclamation, with generous assurances to the citizens that their election should be protected against the interference of raiders, of whom no man had the slightest fear, but giving no promise against his own soldiers, as to whom at least one half of the voters stood in the greatest apprehension. On the contrary, he said there would be a military guard at each voting place, accompanied by detectives, who knew "the record of each resident in the several precincts, to point out to the guard any who shall attempt to perpetrate a fraud against the election law;" and that all who shall present themselves at the polls, and fraudulently attempt to vote, will be immediately arrested by the guard, and confined in the military prison." Accordingly, on the day of election, there were ten soldiers with muskets at each voting place, who with crossed bayonets stood in the doors, preventing all access of voters to the polls but by their permission, and who arrested and carried to the military prison all that they were told to arrest. But there were not very many arrested; it is said not more than thirty or forty, all of whom, with one or two exceptions, were released the next day, it becoming early apparent that there was no need for undue intimida tion to secure the success of the Bramlette ticket. Out of some eight thousand voters in the city, less than five thousand votes were taken. How many of the missing three thousand were deterred from attempting to vote cannot be ascertained, nor is it necessary, for the intimidation of three thousand voters is no greater outrage than the intimidation of only five hundred. The interpretation generally put by the opposition party upon the order of Colonel Mundy was, that no man was to have the privilege of having his right of voting tested by the judges if pointed out to the guard, as proper to be arrested, by any one of the colonel's detectives. He not having the semblance of legal or rightful power to interfere with the election, the most sinister suspicions were naturally aroused, and very many deterred from going to the polls, for fear they should be victimized to personal or party malice. Indeed it is rather matter of surprise that so large a number of the opposition party did go to the polls. Similar intimidation was not only practised in other parts of the State, but, from published proof and reliable information, there is no doubt that in very many counties the judges were so dastardly infamous as to submit to the military order, and not permit the Wickliffe ticket to be voted for. The result is that there was not only direct military interference with the election, but it was conducted in most of the State under the intimidation of Federal bayonets.

196

7th

8th 9th 66

Randall.

Menzies......... 2,283

7,598 Bradley..

Wadsworth.... 6,638 Brown............ 567

Of the Legislature, the Senate consists of 38 members, entirely Union; the House, 100 members, of which five or six were on the Democratic ticket.

The Governor elect was inaugurated on the 2d of September. In his address, he thus stated the public sentiment of the State, as he regarded it to be expressed by the election:

The recent elections clearly and unmistakably define the popular will and public judgment of Kentucky. It is settled that Kentucky will, with unwavering faith, and unswerving purpose, stand by and support the Government in every effort to suppress the rebellion and maintain the Union. That for this purpose she will "devote the whole resources of our Government to crush the present causeless and wicked rebellion, and restore the national authority over the revolted States."

But whilst so devoting our whole resources to uphold and maintain the Government against rebellion, the same devotion to constitutional liberty will equally impel her to oppose her will to all unconstitutional, all wicked, unwise, or hurtful measures of policy, which defensive war. This she will do through the peaceful may be suggested or adopted in the prosecution of our medium of the ballot-box, by the persuasions of argument, and the legitimate force of our constituted tribunals.

We will make no factious opposition; will adopt no mode of opposition which can in any manner check or retard those charged with the administration of the Government in any legitimate effort to suppress the rebellion and restore the national authority over the re

voited States.

Kentucky will not affiliate with those at home, or in other States, whose manifest object is, under pretence of opposition to war measures, to cover their real purpose of crippling the energies of our Government, paralyzing its arm of just defence, and forwarding the

aims of the rebellion.

The recent vote of Kentucky proclaims that she will not fraternize with rebellion, either open or covert; and with equal emphasis that she will not fraternize with those who would pervert our just defence into a fanatical war upon the constitutional rights and

firmly and immovably poised upon her own just, loyal, and proud constitutional centre, Kentucky will maintain the right, and support the Constitution of the wisdom of a humane experience and a just and legal Union by all the powers and modes sanctioned by the warfare. "Men and money" to crush the rebellion; votes and argument to correct legislative or executive policy, when erroneous. This is the proclaimed and deliberate will of Kentucky. This is her right and duty. She will maintain her right, and do her duty.

We affiliate with the loyal men north and south, whose object and policy is to preserve the Union and the Constitution, unchanged and unbroken, and to restore the people to harmony and peace with the Government as they were before the rebellion.

It is not a restored Union-not a reconstructed Union -that Kentucky desires; but a preserved Union, and a restored peace upon a constitutional basis.

At the session of the Legislature, which commenced at the beginning of the ensuing year, the Governor recommended that the penal code of the State be so amended as to provide proper preventive as well as punitive remedies for every form of treasonable action, whether it consisted in acts or words, which tended to promote or encourage rebellion. He also recommended that the laws be so amended as to give to any loyal man who suffered in person or property from invasions or raids, a right of action against any or all persons who, after the passage of such act, may aid, encourage, or promote rebellion, either by acts or words of encouragement, or by approval, or by manifesting an exultant and joyous sympathy upon the success of such raids.

In the execution of the act of Congress for the enrolment and draft, the free negroes of Kentucky were not enrolled. The number of able-bodied men of this class was estimated between three and five hundred. A strong protest was made by the people to the enrolment of these persons, and no return was made of them.

A case in which was involved the constitutionality of the confiscation measure of Congress came before the Court of Appeals, the highest court of the State. It came upon an appeal from Mason county, under the title of Norris vs. Dompleon. Judge Bullitt delivered the opinion of the court, in which he held that the act of Congress relative to confiscation was unconstitutional, "because it attempts to authorize the confiscation of the property of citizens as a punishment of treason and other crimes, without due process of law, by proceedings in rem in any district in which the property may be, without presentment or indictment by a grand jury, without arrest or summons of the owner, and upon such evidence of his guilt as would be sufficient proof of any fact in admiralty or revenue cases." (Constitution, article 3, section 2; sub-sec. 3, and section 3, sub-sec. 1; and articles 5th and 6th of Amendments.)

"The clause of the Constitution which authorizes Congress to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water, has no bearing on this question. It relates only to war with foreign nations."-[The Brilliant vs. United States.]

Judge Williams delivered a separate opinion, in which he held:

1. That both the Congress of the United States and State Legislatures are prohibited from passing bills of attainder; and that none but judicial attainder is known to our Constitutions, whether Federal or

State.

them aid and comfort.

4. That the trial and punishment for treason have been confined by the Constitution to the courts of the country: the punishment to be prescribed by Congress, within constitutional limits."

5. That even upon judicial attainder for treason, there can be no forfeiture of real or personal estate, save for the life of the person attainted.

6. That the limitation on the power to punish for treason is a limitation on the war power as to this crime.

7. That this act of Congress, of July 17th, 1862, to suppress insurrection, &c., is in derogation of the personal rights, and rights of property of the citizen, as guaranteed both in the Federal and State Constitu

tions.

8. That said act is not in conformity with the Federal Constitution, and is in conflict with the Constitution and laws of the States, and derogatory to their sovereignty.

9. That said act cannot be justified by the laws of nations, nor by the usages of war, as recognized by modern, civilized, and Christian nations.

10. That, being in conflict with the United States Constitution, it cannot be upheld as a rule prescribed by a sovereign, in derogation of the laws of nations, but is nullity. (See CONFISCATION.)

KERHALLET, CHARLES PHILIPPE DE, a captain in the French navy, and eminent as a bydrographer and meteorologist, born in Brittany in 1809, died in Paris, in February, 1863. Receiving a thorough scientific education in the school of marines, M. de Kerhallet entered the navy early, and, in 1837, had attained a rank and reputation which justified the minister of marine in assigning to him the duty of making a hydrographic survey of the Brazilian coast, from San Louis de Maranhao to Para. This survey was completed in 1840, and the results published in 1841. The next seven years were spent in sea service. but, in 1847, Captain de Kerhallet was directed to make a careful and thorough survey of the African coast, from Cape Verde to Sierra Leone. In 1849 he published a series of maps of this coast, which up to that time had been considered the most dangerous, as it was the least known, of the shores of Africa washed by the Atlantic, and accompanied it by a memoir entitled "Nautical Description of the Western Coast of Africa, from Cape Roxo to the Isles de Los." From this period, with but rare and brief intervals of rest, Captain de Kerhallet was constantly engaged in hydrographical surveys mostly of the African coast. In 1853, in conjunction with M. Vincendin Dumoulin, he explored and mapped, with great care and accuracy, the African shore of the Mediterranean, from the Straits of Gibraltar eastward along the coast of Morocco, an enterprise of great peril from the ferocity of the native tribes on the coast. On the completion of this, in 1857, he published a nautical description of the coast, and also a manual of the navigation of the Straits of Gibraltar. He had previously prepared, at the direction of the Council of the Admiralty, the result of personal observation, mainly descriptions of the Archipelagoes, of the Azores, of the Canaries, and of the Cape de Verde Isles. These monographs were published in 1851. He had also been led by his long

experience and careful observations in the different oceans washing the shores of the Eastern and Western Continents to come to certain conclusions relative to ocean currents and their causes, and the prevalent winds of the different regions, similar to those which were subsequently published by Captain Maury, and published in 1851 (five years before the publication of Maury's "Physical Geography of the Sea") three memoirs under the titles of "General Considerations upon the Atlantic Ocean," "upon the Indian Ocean," and "upon the Pacific Ocean." He commenced at this time his great work, which was published in 1853, in three volumes, 8vo., entitled "Manual of the Navigation of the West Coast of Africa." This work included a description of the entire Atlantic coast of Africa, and the adjacent islands, and was illustrated with drawings giving a succession of views of the entire shores from the Straits of Gibraltar southward. He also published, in 1853, the first edition of his "Manual of Navigation in the Sea of the Antilles " (the Carribbean Sea), a work of great labor and research. A revision and extension of this work was his last literary labor, the final proof sheets of it passing through his hands while he was suffering from the disease which proved fatal. Captain de Kerhallet was a diligent observer and a hard-working student, and in other departments of physical science his attainments were such as would have won him high reputation. He was particularly partial to geographical science, and his occasional papers on countries on the African coast, communicated to the Bulletin of the Geographical Society at Paris, were replete with interest.

KILVERT, Rev. FRANCIS, an English scholar and author, born in Bath, 1793, died at his residence, Claverton Lodge, Bath, Sept. 16th, 1863. His education was commenced under Dr. Rowlandson, at Hungerford, where he was a fellow-pupil of the present bishop of Hereford. Afterward, he was for some years at the Bath Grammar School, where his attainments recommended him to the head master, who engaged him as one of the assistant masters prior to his matriculation at Oxford. He entered Worcester College in 1811, was ordained deacon in 1816, and priest in 1817. His first curacy was that of Claverton, near Bath. In 1837 Mr. Kilvert, who had for many years previously taken private pupils in Bath, became possessor of Claverton Lodge, to which he transferred his pupils, and in this sphere of duty continued until his death. In his later years he was constantly receiving testimonials of affection from the young men formerly un

der his charge, many of whom had become highly distinguished. He was a man of uncommon purity of life, and, as a guide to youth, and the framer of their religious and moral sentiments, his precepts and his holy example were invaluable. In 1822 Mr. Kilvert married Adelaide Sophia de Chièvre, a lady of French extraction, and a refugee of very ancient and historical family. He was the author of several works, among which are: "a volume containing fourteen sermons preached in St. Mary's Church, Bathwick, 1827; a selection from unpublished papers of Bishop Warburton, 1841; a collection of original Latin inscriptions; and "Memoirs of the Life and Writings of Bishop Hurd, with a selection from his correspondence," 1860.

KOWER, THE MAHARANEE JENDAN, relict of Runjeet Singh, Maharajah of Lahore, born not far from 1780, died at Abingdon House, Kensington, August 1st, 1863. She was said to have been of humble birth, but was selected by the Runjeet as one of his harem, and from that time her career was one of splendor, crime, success, and misfortune. As his favorite wife, and the mother of the little prince, she became the most powerful sultana in Asia. Runjeet was succeeded by Kurruck Singh, and she caused him to be despatched with acetate of lead mingled with a curry. Nao Nehal Singh followed Kurruck on the throne, but, as he passed upon his elephant beneath an arch, after his coronation, it was contrived that the masonry should fall and crush him. The widow of Kurruck, and her son, being yet in her way to the throne, she caused the former to be killed by her chamber-women, and the little prince was shown an English rifle, and while examining it the muzzle was turned to his breast and four slugs were discharged in his heart. Having won at last the crown of the Punjaub for her child, she employed the influence thus obtained to revel in license. In conjunction with her lover, Lall Singh, she declared war upon the British, by marching her Sikhs across the Sutlej, but was defeated and finally reduced to the mere guardianship of a protected prince. Then she commenced the net-work of intrigue with Moolraj of Mooltan; Golab Singh, of Cashmere; and Dost Mohammed, of Afghanistan; resulting in the murder of the English officers at Mooltan, and the second Sikh war. She was removed to Benares, too late to avert the great war she had fomented, and in her imprisonment learned that the son for whom she had sinned and plotted was dethroned and exiled. Thenceforward she passed from the eyes of men, a pensioner of the British power.

LANSDOWNE, HENRY PETTY FITZ-MAURICE, marquis of, a British statesman, born July 2d, 1780, died Jan. 31st, 1863. He was educated at Westminister School, and at Trinity College, Cambridge; and also passed several years in Edinburgh, under the care of Dugald Stewart, acquiring from his intercourse with that distinguished man, and with Brougham, Jeffrey, Sidney Smith, and others of his own age, a love of liberal principles and constitutional government to which he remained faithful during his whole life. At 21 years of age, being then known by his courtesy title of Lord Henry Petty, he entered parliament for the borough of Calne, and soon gained the reputation of an able and accomplished debater. Upon the death of Mr. Pitt, he succeeded him in the representation of the University of Cambridge, and in 1806 he entered the "All the Talents" ministry under Fox and Grenville as Chancellor of the Exchequer. He had identified himself from the outset of his career with the fortunes of the Whigs, but the short duration of the ministry, which retired in 1807, prevented him from displaying his financial ability.

In the latter year he succeeded his brother as third Marquis of Lansdowne, and transferred his services to the House of Peers, where, during the long period of Tory ascendancy, he was a prominent leader of the Whig party, commanding the respect of his opponents by his powers of debate, his varied and extensive information, and his amenity of manners. Though long compelled to remain in a hopeless minority in parliament, he abated in no degree his efforts in support of liberal measures, and the final triumph of the friends of Catholic emancipation, the abolition of slavery, parliamentary reform, and free trade was very considerably promoted by his eloquence and perseverance.

After 20 years' exclusion from administrative duties, he was appointed in August, 1827, Home Secretary in the short lived cabinet of Viscount Goderich; and upon the formation of Earl Grey's ministry in November, 1830, he became President of the Council, an office which he held during several administrations until the overthrow of the Melbourne ministry and the accession of the Tories under Sir Robert Peel in September, 1841. He resumed the office in 1846 in the ministry of Lord John Russell, and held it until February, 1852. The brief Derby ministry of that year was succeeded in December by that of the Earl of Aberdeen, who solicited Lord Lansdowne to return to his former post. The latter declined, but consented to accept a seat in the cabinet without office, which he occupied until March, 1858, when he retired definitively from public life.

With the exception of Lord Holland, no Whig statesman of the present century had for so many years been a leader in the House of Peers, and subsequent to the death of that nobleman, he was generally regarded, in virtue of his age, his experience, and his persuasive eloquence, as the Nestor of the Upper House.

LEWIS, Sir GEORGE CORNEWALL, an English statesman and scholar, born in Radnor, Wales, October 21st, 1806, died in London, April 13th, 1863. His father, Sir Thomas Frankland Lewis, was a statesman of considerable ability, and had served as joint secretary of the Treasury, vice-president of the Board of Trade, treasurer of the navy, and chairman of the Board of Poor Law Commissioners, and was created a baronet in 1846. Sir George received his early education at Eton, from whence he passed to Christ Church College, Oxford, where he graduated, at the age of twenty-two, ranking as first class in classics and second in mathematics. In 1831 he was admitted to the bar, but never practised, having acquired a legal education as the necessary preliminary to public service. At the age of twenty-nine, he was appointed assistant commissioner to report on the working of the relief of the poor in Ireland; and the following year, made a commissioner to inquire into the affairs of Malta. In 1839 he was appointed successor to his father, as Poor Law Commissioner, and remained in this office till 1847, when he was elected a member of parliament for Herefordshire, and became secretary of the Board of Control. In 1848 he became under secretary of the House Department; in 1850, secretary of the Treasury; and in 1852, on the disolution of the Russell cabinet, retired from office. In May, 1855, he again assumed office, succeeding Mr. Gladstone, as Chancellor of the Exchequer. When Lord Palmerston returned to power he yielded this position to Mr. Gladstone, and took the position of Home Secretary. On the death of Lord Herbert of Lea, in 1861, Sir George (he had succeeded to the baronetcy, in 1855) took charge of the War Department, the duties of which proved too severe for his already failing health. Though never a brilliant speaker, Sir George was a perspicuous and clear-minded debater, and his thorough acquaintance with public affairs, his sound judgment, clear head, and fixed honesty of purpose, together with his relish for hard work, made him very valuable to the country as a minister of State. Yet, amid the multiplicty of duties which pressed upon him during his twenty-seven years of public service, he was not simply a politician or even a statesman. He dwelt in a higher and loftier sphere; he was eminently a scholar and a man of letters not from any necessity, for his means