USA > Kansas > A standard history of Kansas and Kansans, Volume II > Part 38
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The greatest speech of the convention was made by Thacher in oppo- sition to a proposal to exclude free negroes from the state. This speech forever settled the question of absolute freedom of Kansas soil, although the vote upon the proposition when taken stood twenty-one ayes and twenty-six nays.
`To us of this day it seems strange that any argument was necessary to defeat the proposition. . But the sentiment in favor of it was so strong in the convention that several of the members predicted that the consti- tution would be defeated unless the provision excluding the free negro from the state should be included in it. Their apprehension proved to be without foundation.
A very interesting discussion arose over the northern boundary of Kansas. Delegates came from Southern Nebraska and petitioned the convention to fix the northern boundary of the state at the Platte River. They argued with great earnestness that the present boundary was an artificial one, while the river was a natural boundary because it could not be forded because of quick sand, could not be bridged beeause no bottom could be found for the piers, and could not be ferried because there was not enough water to float a boat. That at times it was a raging
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torrent and at other times a stretch of sand. They offered to give to Kansas a rich area of territory and the democratic members of the con- vention were unanimously in favor of the tender. But the republicans "feared the Greeks bearing gifts," they suspected the inhabitants of that land were democrats and might either defeat the constitution alto- gether, or elect democratic United States senators from the new state, so the boundary line was fixed at the 40th parallel.
Two of the older states, New York for the North and Virginia for the South, have furnished the models for most of the constitutions of the several states. The Ohio constitution was in the main founded upon that of New York. All sub-committees of the convention were instructed to use the Ohio constitution as a model for their particular artieles and in the main they followed those instructions, but throughout the pro- ceedings we find frequent allusion to the constitutions of the different states and also to the Topeka and the Leavenworth constitutions, show- ing that while the Ohio constitution was used as the model in the main it was not strictly followed. The constitutions from which provisions were taken other than the Ohio constitution were principally Michigan, Kentucky, Indiana, Iowa, Wisconsin, Illinois, Pennsylvania, and the Topeka and Leavenworth and even the Lecompton constitutions. The ordinance was taken largely from the Lecompton Constitution. The executive and legislative articles followed largely the Ohio precedent, but the qualifications of the members of the Legislature is taken from the Wisconsin Constitution, with a number of the sections adopted from the Topeka and Leavenworth constitutions. One provision improving the status of women which provides "the legislature in providing for the formation and regulation of common schools shall make no distine- tion between the rights and privileges of males and females" was taken from the Constitution of Kentucky. The article on elections and suf- frage followed largely the Topeka Constitution. The article on educa- cation was a merger of provisions found in Iowa, Oregon, Michigan, Wisconsin and California. The article on banking and currency was made up from the Topeka and Leavenworth constitutions. Nearly every section can be traced to some provision of some preceding constitution, except perhaps the provision that all bills should originate in the House of Representatives, and this provision was repealed in November, 1864.
This, however, does not mean that the instrument was not progressive in its character. On the contrary most of the constitutions from which its provisions were taken had been recently adopted by the respective states and from them were gleaned the best and most progressive pro- visions. The sagacity of the Wyandotte Convention consisted in its selection of these provisions and the amalgamation of them into a con- sistent and harmonious instrument. Most of the progressive ideas of the decade were incorporated in the instrument. Slavery was prohibited. Free negroes were not exeluded. Wild cat banking paper was proscribed. Ample provision was made for common school and higher education. The rights of women were recognized and advanced and the homestead was guarded against covetons creditors. It is true that some progressive
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measures were suggested to the convention which were not adopted. John Ritchie offered the following: "That the state of Kansas shall confer power on the legislature to prohibit the introduction, manufac- ture or sale of spirituous liquor in the state." The provision was not adopted. But twenty-one years later, in November, 1880, the prohibition amendment was passed.
Mr. Ritchie moved to strike the word "white" from the artiele establishing the state militia. Only six voted in favor of the motion, but the section was so amended in 1888. Mr. Hutchinson presented a petition of 252 inhabitants of Douglas and Shawnee counties asking that the right of suffrage be extended to women. The petition was not granted, but in 1913 that right was extended to women.
There are two provisions in the Wyandotte Constitution which make it a mile post in legislation. One is the extension of married women's rights and the other the homestead exemption. These provisions are linked together and touch the social life of the state through the family. The two sections are as follows :
"Section 6. The Legislature shall provide for the protection of the rights of women, in acquiring and possessing property, real, personal and mixed, separate and apart from the husband: and shall also pro- vide for their equal rights in the possession of their children."
"Section 9. A Homestead to the extent of one hundred and sixty acres of farming land, or of one aere within the limits of an incorporated town or eity, occupied as a residence by the family of the owner, to- gether 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 when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon. Provided: the provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife."
From early history woman has been little better than a chattel and even under the common law of England a woman upon her marriage surrendered all her right to hold personal or real property to her hus- band. Not only her individuality became merged in her husband, but he enjoyed the right of possession and disposition of her property. Her goods became liable to seizure and appropriation by his ereditors. Through the profligaey or ill-management of the husband a woman who was well-to-do in her own right before her marriage might be reduced to poverty after her marriage. Except as modified or repealed by the constitution or statutes the common law of England applied to most of the states, including Kansas. The men of the Wyandotte convention determined that no such injustice would be fastened upon the women of Kansas, and by the section first above quoted they restored for all time to their women the management and control of their own prop- erty so far as law can give it to them. By the second provision they fixe ! for her and her children a homestead which could not be violated or torn from her and them by the malice. ill-management or misfortune
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of the husband and father, except by the joint consent of the wife and mother.
Homestead laws are an American institution, unknown in other lands. The first statutory provision exempting the home from execu- tion was enacted by the Republic of Texas in 1839, and the first home- stead exemption placed in a constitution was in that of Texas in 1845. The second was the constitutional provision adopted by Vermont in 1849. In 1859, when the Wyandotte convention assembled, it was a scarcely recognized political doctrine. The leading advocate for a con- stitutional homestead exemption was Samuel A. Kingman. Without his great earnestness and logical argument it never would have been adopted by the convention, because other men strong in debate, such as. Thacher, Ingalls and Stinson opposed it, elaiming that the homestead exemption would enable men to avoid their just debts and would injure the credit of the state. One of the opponents said: "I would rather abolish all laws for the collection of debts than that the section should pass in its present shape," and that he would prefer a $2,000 exemption rather than a homestead exemption. It was left for Houston, Griffith and Kingman to point out the distinction between a homestead and an exemption law, Kingman saying :
"The object of a homestead law is very unlike that of an exemption law. And I think the amendment proposed is calculated to defeat the homestead principle. I think that is its object. It is within the recol- lection of many when it was the settled policy of many of the States, that the land should not be subject to sale for the payment of debts. But the commercial interests of the country by their power and skill produced a change which has subjected the farms and homes of the peo- ple to be sold under execution, and so nearly converted our people into a class of nomads. I want, if possible, to restore the old policy-to change back again-so that every man or woman, if he plants a tree or she cultivates a rose-that both may beantify and adorn their homes as they may choose, and have the benefit of the protection of the law. But if we put it in the power of the husband or the fortunes of trade to convey by lien or mortgage, the grasping creditor will take away the homestead. I want to separate this subject from anything like the con- sideration of an exemption law. I approach this as a great measure which rises above all considerations of the rights of debtor and creditor. I abhor an exemption law. This is not of the same nature. This is to go forth, the promulgation of a great principle, that shall encourage the cultivation of the soil. The case was well illustrated by the gentleman from Riley (Mr. Houston) ; and though it would be impossible for me to emulate the flights of his fancy and the boldness and strength of his doctrine, I am not therefore restricted as to my full share of feel- ing and anxiety for the success of this most important measure."
That was a novel doctrine then, but since that time every state in the Union, except, we believe, Delaware, Indiana, Maryland, Pennsyl- vania and Rhode Island, has, by constitutional or statutory provision. recognized its soundness. It fosters the family as the primal factor of society and thus promotes general welfare. To protect the home is to preserve the family from disintegration. To dignify the wife is to
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develop citizenry. If the homes are permanent in character the com- munity will build schools, churches, libraries. The spirit of free eiti- zenship and patriotism will thrive, and the state will be healthy and prosperous. The Kansas courts have given liberal construction to the constitutional provision. Early in the history of the state, while King- man was chief justice, the court declared that the wife's interest in a homestead under this provision was not an inchoate and expectant thing, a mere veto upon the right of the husband to alienate the estate but that it was a real existing estate under which the occupation and enjoy- ment thereof is seeure to her against any aet of her husband or ereditors without her consent. If her husband abandon her the use of the home- stead remains to her and the family. It is not like dower depending on uncertain events, but fixed and certain without need of any statutory enactment. In later years the same court has declared that the right helongs to the wife alone, independent of any children. The great bereavement of her husband's death would not admit the gaunt grey wolf of debt to ravage the home and turn into mockery the con- stitutional provision prepared against the days of her adversity. On the contrary, she continues in the enjoyment of precisely the same right of immunity from the loss of her hearthstone by suit of her husband's creditors as before his death. And so the widow is protected as well as the wife. But the court has gone farther still and now holds that while the right of exemption cannot originate without the existence of a family consisting of more than one person, when the homestead character has once attached and the head of the family remains in continuons occupa- tion of the property, though all others may die or forsake him, it is still occupied as a residence by a constituent part of the family and he may hold it sacred from invasion for his sole use and occupation.
By these provisions the wife and mother becomes a proprietor in her own right, part owner of her home and queen of her domain. The hus- band and father has a castle safe from invasion where he may retreat in time of storm or adversity. Failure cannot affect it, disaster cannot destroy it. Friends may deseri him but his enemies eannot reach him. He and his family are seenre. For the present and for the future the permanency of the home is established. ITis place in the community is fixed and his interests in the state are anchored and strengthened.
No marble column or granite shaft could be so fine a tribute to the memory of the men of the Wyandotte convention as the married women and the homestead exemption provisions of the constitution. These two elanses make every happy family and peaceful home in Kansas a monu- ment to their memory. Succeeding generations of Kansans will hold them in grateful veneration.
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A BRIEF HISTORY OF THE MILITIA AND THE NATIONAL GUARD FROM ITS INCEPTION TO THE PRESENT DAY
BY BRIG .- GEN. CHARLES I. MARTIN, ADJUTANT GENERAL OF KANSAS
The National Guard, while founded on the Militia, should not be confused with it, as it is a very different foree. The Militia was the original military organization of the colonies. When the Constitution was adopted it therefore recognized the two forms of military force, a national army, and the militia of the various states. The Constitution empowered Congress to provide for "ealling forth the Militia to execute the laws of the Union, suppress insurrections and repel invasions." Also, "to provide for organizing, arming and disciplining the Militia, reserving to the States the appointment of the officers and the training of the Militia according to regulations preseribed by Congress."
Congress acted upon this authority and enacted the old Militia law, May 8, 1792. This law remained in force, with few amendments, until 1903. Under this law, Congress authorized the President to call forth the Militia, but limited the service to nine months and provided that the Militia could not be taken outside of the United States. All able bodied men between the ages of 18 and 45, with the exception of those specifically exempted, composed the Militia. Compulsory service was required in time of peace to the extent of complete enrollment, organization and an annual muster. Each enlisted man of the Militia was required to provide himself with the following arms: A good musket or fireloek of a bore sufficient for balls of the eighteenth part of a pound, a sufficient bayonet and bolt, two square flints and a knapsaek. A pouch with a box therein to contain not less than twenty-four cartridges, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsaek and powder horn, twenty balls suited to the bore of his rifle and a quarter of a pound of powder. Each officer to be armed with a sword and a hanger or spontoon.
Following this law the states, either in their constitution or their laws, recognized the Militia and provided for enrolling them, organ- izing military districts and appointing military commanders. Under this system the Militia could not be expected to amount to much and proved to be an utter failure. The individuals failed to provide them- selves with proper arms, the arms in use became obsolete and the states did not keep up the organizations. No attempt was made at uniformity in the different states. The annual muster became a travesty. There were a number of the old Militia organizations, however, dating back to colonial times, that kept up a fair degree of military efficiency and a regular organization.
After the Civil war there arose in most of the states volunteer mili- tary organizations, made up by volunteer enlistments. The states began to recognize these organizations and to make proper appropriations for their support. The National Government also began to make appropria- tions for their arms and equipments. Under this volunteer plan a fair degree of military efficiency was attained, and the name of "National
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Guard" was adopted by most, if not all of the states, to distinguish it from the old militia system which had proved to be a failure, largely heeause of a laek of support by the State and Federal Government.
This National Guard made up almost the entire first eall of 125,000 men for the Spanish-American war. They did not, however, enter this serviee as militia, but as volunteers. A special law was passed by Con- gress authorizing the President to accept National Guard organizations by regiments, but each individual man had to enlist under this volun- teer act and there was considerable delay in transferring the regiments from the State to the National service.
GEN. FREDERICK FUNSTON
The experiences of the Spanish-American war made it apparent to the National Guard that if the National Guard was to be an effective military force for war service it must be organized, equipped, and dis- ciplined the same as the regular army. Also that there should be some means of transferring the National Guard organizations to the United States service without the delay incident to re-enlisting or volunteering.
After careful study a new militia bill was prepared by representatives of the National Guard and presented to Congress and was enacted into a law January 21, 1903. This, with subsequent amendments, placed the Organized Militia, or National Guard, where it was originally intended
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to be by the Constitution. This law recognized the name Organized Militia or National Guard. Congress also made additional appropria- tions for arms, clothing and equipment. It is now as much a recog- nized part of the military resources of the National Government as is the regular or standing army. It can be called directly into the service of the United States by organizations without new enlistments. The organizations as such can be called for indefinite service, each officer and man serving for the balance of his term of commission or enlist- ment. It is expected to be in such a state of readiness as to be prepared for immediate, active war service, and, as a matter of fact, it would form largely the first line.
The National Guard of the various states has become uniform in organization, equipment and discipline. This new function of the Na- tional Guard has brought about the necessity for a very different kind of training. In fact, it must be trained to perform all the duties required by the state in time of peace, in maintaining law and order and pro- lecting life and property, and in addition thereto be trained in all those duties which would have to be performed in active war service. It is therefore a dual organization-state organization in time of peace and a national organization in time of war.
Few realize how much training is now required of the National Guard, but this may be elassified under the following general heads :
The use and care of arms.
Sanitation and care of the wounded in the field.
Discipline.
The science of war.
In former times the simplicity of firearms did not require the same amount of training as at present. With modern rifles, the effective range in open country is one mile. At 1,000 yards firing should be quite accurate. The rifle itself is complicated, involving a great deal of care in keeping it in proper condition. The artillery arm is even more complicated and has an effective range of over three miles. The . firing of this arm is, as a rule, indirect. That is, by a system of mathe- matical calculations the field piece can be fired from a concealed position without the object fired at being in view. Coast batteries are still more complex. Much time, therefore, must be spent in training men at target practice, as well as in the eare of arms, before they are properly trained for war service. This, perhaps, is one of the most difficult tasks pre- sented, requiring patience on the part of both officers and men.
Until recent years, little attention was paid to sanitary laws in active field service, neither was the individual man trained in the methods of earing for himself in the field. Without going into unnecessary details, it may be stated in a general way that much time and effort is now spent in training men not only to understand but to observe proper sanitary regulations.
In the care of the wounded in the field much attention is given. All men are taught the application of first aid to the wounded. They are provided with simple bandages and taught the use of same. All wounds
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hot serions are dressed on the field of battle, thereby saving much loss of life. Thousands of well-trained men slightly wounded are returned in a few days or weeks to their proper commands.
The word "dicipline" is used here in its broadest sense. It means prompt and cheerful obedience to orders, accurate and faithful per- formance of duty, and, above all, the proper co-ordination of each unit to all others, orderly administration of all departments; in general, all those things which make an army move like a well adjusted piece of machinery, each part fitting into the other, and each part adjusted to do the particular thing for which it is designed.
It takes more time, probably, to secure good diseipline than any other part of the soldier's training. It requires the constant supervi- sion of officers, the frequent bringing together of each branch of the service: it requires a thorough knowledge of customs, forms and regulations.
Officers must be schooled in the effective training and handling of men in the field, not only in preparation for battle, but in battle itself. This is done by active service in the field. Under present plans, fre- quent mobilization of the National Guard with the Regular Army is particularly important, especially in co-ordinating these two branches of the service. This training is obtained by performing the same kind of duties in the open country as might be required in actual war, scout- ing, reconnaissance, patrolling, advance and rear gnard, extended order. battle exercises, making and reading maps, judging distanees and ele- vations, plans of battle, issuing of orders in proper form, ete.
In the absence of the opportunity for field service, military problems are worked ont on maps devised for this purpose. There is no limit to the amount of work that can be done along this line. The National Guard is now being trained in all these duties and it is becoming, in faet as well as in name, a military organization.
Under this law the National Guard attained a strength of 130.000 officers and men, and this number, by increasing organizations to war strength, would be almost doubled.
To seenre the efficient training of the National Guard involved a greater expense than could well be afforded by the states. The National Government adopted a fairly liberal policy in providing arms, clothing and equipment. The great difficulty under this law was that the train- ing, particularly for National service, involves an amount of time and effort which the National Guardsman could not afford to give without some reward. It was manifest that we had arrived at a point where some compensation should be provided by the National Government.
To accomplish this a bill was presented to Congress providing for compensation on the basis of a percentage of the pay for the Regular Army. This bill together with a complete revision of the Militia Law passed by Congress in 1903 was passed by Congress and was approved. by the President, June 3, 1916. The benefits of such a bill in securing a higher degree of efficiency, can hardly be estimated, and it should therefore receive the hearty support of all citizens.
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