The Wyandotte Convention: an addressMartin, John Alexander
History
The Wyandotte Convention: an address
Martin, John Alexander
Kansas -- Politics and government -- 1854-1861; Kansas Territory. Constitutional Convention (1859)
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.
I thought at the time, however, and a review of the proceedings and
debates has confirmed my impression that favorable action on this
provision was due to the earnest and eloquent advocacy of Judge Kingman,
who was its most zealous, logical and courageous supporter. The
homestead clause of the Kansas Constitution has been severely
criticised, but I believe the people of the State generally regard it as
a most beneficent provision of their organic law. For nearly a quarter
of a century it has been maintained, and it still stands, as Judge
Kingman said it would, guarding "the home, the hearthstone, the fireside
around which a man may gather his family with the certainty of assurance
that neither the hand of the law, nor any, nor all of the uncertainties
of life, can eject them from the possession of it."
The Finance and Taxation and the Executive articles were adopted on the
fourteenth day, and the Miscellaneous article considered. This
originally provided for the election of a Public Printer, but that
section was stricken out, after a vigorous protest by Messrs. Ross and
Ingalls. Nine years later their idea was endorsed, by the adoption of an
amendment creating the office of State Printer.
On the seventeenth day the temporary Capital was located at Topeka, the
second ballot resulting: for Topeka, 29; for Lawrence, 14; for Atchison,
6.
Public-domain text, read in full here on John Shaqi.
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