570 



KENTUCKY. 



KERHALLET, CHARLES P. 



At the session of the Legislature, which com- 

 menced at the beginning of the ensuing year, 

 the Governor recommended that the penal code 

 of the State be so amended as to provide prop- 

 er 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 rec- 

 ommended 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 mani- 

 festing 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 be- 

 tween threa and five hundred. A strong pro- 

 test 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 constitu- 

 tionality of the confiscation measure of Con- 

 gress 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 de- 

 livered 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 trea- 

 son and other crimes, without due process of 

 law, by proceedings in rem in any district in 

 which the property may be, without present^ 

 ment 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 au- 

 thorizes Congress to declare war, grant letters 

 of marqne and reprisal, and make rules con- 

 cerning 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 

 ia known to our Constitutions, whether Federal or 

 State. 



2. That judicial attainder can only be had upon a 

 criminal proceeding, and must be upon indictment, or 

 other legal proceeding, with a trial and judgment, as 

 npo* an indictment. 



3. That treason against the United States can only 

 be committed by actually levying war against them, 

 or in adhering to their enemies in time of' war, giving 

 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 Con- 

 gress, 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 per- 

 sonal 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 Fed- 

 eral Constitution, and is in conflict with the Constitu- 

 tion 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, CHAKLES PHILIPPE DE, a cap- 

 tain in the French navy, and eminent as a hy- 

 drographer and meteorologist, born in Brit- 

 tany in 1809, died in Paris, in February, 1863. 

 Receiving a thorough scientific education in 

 the school of marines, M. de Kerhallet enter- 

 ed the navy early, and, in 1837, had attained a 

 rank and reputation which justified the minis- 

 ter 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 consid- 

 ered the most dangerous, as it was the least 

 known, of the shores of Africa washed by the 

 Atlantic, and accompanied it by a memoir en- 

 titled "Nautical Description of the Western 

 Coast of Africa, from Cape Roxo to the Isles da 

 Los." From this period, with but rare and 

 brief intervals of rest, Captain de Kerhallet 

 was constantly engaged in hydrographical sur- 

 veys mostly of the African coast. In 1853, in 

 conjunction with M. Vincendin Dumoulin, he 

 explored and mapped, with great care and ac- 

 curacy, 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 oa 

 the coast. On the completion of this, ia 

 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, o::' 

 the Azores, of the Canaries, and of the Cape da 

 Verde Isles. These monographs were publish- 

 ed in 1851. He had also been led by his long 



