Addresses: by John A. Martin. Delivered in Kansas.Martin, John Alexander
History
Addresses: by John A. Martin. Delivered in Kansas.
Martin, John Alexander
Kansas
On the eighth day the Militia article was adopted; on the ninth day the
Judicial article was perfected, and the article on Education and Public
Institutions reported and discussed; and on the tenth day the Committees
on County and Township Organizations, and Schedule, reported. The
deathless pertinacity of a “claim” is illustrated by a petition
presented that day, from one Samuel A. Lowe, a clerk of the so-called
“Bogus Legislature,” who wanted pay for certain work he alleged he had
performed. Only a year ago Mr. Lowe presented the same claim to
Congress, and it was, I believe, allowed by the House. But the Kansas
Senators made such determined war on it that Mr. Lowe can still sing, “A
claim to keep I have.”
I have mentioned the fact that Mr. Winchell was the author of the
section providing that all bills should originate in the House. It
should be stated that Mr. Ingalls was the author of the provision that
“in actions for libel, the truth may be given in evidence to the jury,
and if it shall appear that the alleged libelous matter was published
for justifiable ends, the accused shall be acquitted.” Another original
provision of the Constitution is the Homestead section. This was first
proposed by Mr. Foster, of Leavenworth county, on the sixth day of the
session, and reported by the Committee on Miscellaneous and Amendments,
on the thirteenth day. No other feature of the Constitution, perhaps,
elicited more animated and earnest debate. It was discussed for several
days; amended, referred, and again submitted. As originally reported, it
provided for the exemption of “a homestead of 160 acres of land, or a
house and lot not exceeding $2,000 in value, or real, personal and mixed
property not exceeding $2,000, to any family.” This was adopted by a
vote of 28 ayes to 16 nays. Two days later the vote was reconsidered,
and President Winchell proposed the wording finally adopted: “A
homestead of 160 acres of farming land, or of one acre within the limits
of an incorporated town or city, occupied as a residence by the family
of the owner, together with all the improvements on the same, shall be
exempted from forced sale under any process of law, and shall not be
alienated without the joint consent of husband and wife, where the
relation exists.” Thus perfected, it was adopted by a vote of 33 to 7.
Public-domain text, read in full here on John Shaqi.
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