The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-23
The Ka.s,s Free State Convention.


Tor the Grst time Ell his in en,on Of advocating
81 the trerer of The proc sings he adppti Of
constitution without any clause ne slavery qn-s'i n
except pro, iso having il TO vte Of the people after
orr &C mis-. into u union 70 decide whether the In
sitntion Of slavery shall shall not exist IL Kansas
seemed 10 sartle thu de eates Few hem ever
Of 70 ming non-comnital ccnsti,nton and believe
that very small min 'rity viii be found TO favor the
scheme will send you Mr. Ielahay's speech VIII ch
be give his against mediate STATE
tsr and In favor OF a mnitta1 con7titnr Mr.
Ieahay is the editor Of the administration paper In hi
Territory
The Convention went into Committee o' III Whole on
the report Of the Committee Legislative Proceed.
hgs
The report Is very long and win take time t.
discuss
n committee 70 whom the black question was refer
red, reported the II ing resoln ton:
Resolved, That II is made the duty Of the Executive
Committee OF Kansas Territory TO TO b. Issued
the Ieorle OF kspsas proclamation submitting to tn
electors for their approval diaapprov the 4uestio
ri the passage Of stringent laws by the first Legislator
for the exclusion of free negroes the Sta the ques
on 10 he submitted distinct upon the da
the constitution lie submtted 10 the following form
Exclusion Of negroes and muiattos aye or MOI; and
majority Of the votes cast should bs in favor Of sal
laws then the said vot shall operate instructions
the first Legislature upon ssid question.
II was order ed IN he p,lnteo
The report on legislative proceedings again taken
A young member moved several amendments, viii.
called for the indgna ion Of the venerable eh-imtn
who told an az ecdote very dp,oos son, or GRANDSON
ef Alexander Hamilton, eved amendments every
luton bill or report presented to the Legislature. He
bt annoyance An Id sea captsp who had b.
elected, proposed 10 sffer resolution His fri nds told
him that young Hamilton would offer to amend 1t. He
presented it. Young Hamilton offered amen iment
temen ~ he exclaimed, jumping up, ~ believe II you
we're to eier text from the Rtnle Mr. Hamilton would
propote amendment" This exclams ruioei Hamil
tons Euence for two Everything he PROPOSED
inst' ptly vo cd down. Mr. Wakefeishoped the young
gentlemen Of the convention would take the moral Of
nis 0necdote to heart.
When the commit the report as far proceed
ed wi b. read thus
ARncIEI
Concerning the distribution OF the powers Of govern
sec l. The powers of the government of he state Of
tansa shall lie divided into tn &c distinct department.
namt legislative executive JUDICIAL
Sc. 2. Va petsn body Of pc com posipg those
departments sha exercise apy Of the powers properly
belonging to eitoer of the others, except hereinafter
expressly provided for
ARTICLE II.
Scc The ea i've power Of the state shall be vested
IN General Assembly, which shall consist OF senate
and H. of Representatives The senators Reore
septases shall be chosen every year, both to be elecei
by the people.
See. q No person shsn be a representative who shall
not Rave attained The age of TWEEN years who shat
not BE- citizen OF the United states aud re,deni Of
his State at The first ees,on after forming this constu
ton at least three months and resident Of
district from which he is elected The day Of eec
ten; and ut all other eec ions least six months and
resident Of the county district at thirty days next
preceding The I'll, ciiOn.
Sec 3. There .haI be elected at the nrst election
ana rep AtlVes, ana
ber Afterwards shah be regulated by law.
Sc .. No person shall be Seoator who has not ar
lived at the age Of ~eny IN" years who shall not be
resided the State Of Kansas at least thee months pre-
vous to The FIST elec on and inhabtant Of the dis
trct he which he IL elected tho day OF the election
and at all Other elections at least tx tbs and
resident OF the county district at least thirty days pre-
cecirg the election
Sec. s. The Senate and House of Representatives wheu
hall esch choose their necessary officers TO-
COZ Quoting is business; and tie House OF Representa-
tves bah elect speaker, by ballot Each House shall
be the Judge Of Il quaii1cai and election it's mem
ters 1t mp it. own tournaments: a majority or
each House shall constitute quorum to do business but
smaller number may a, j"urn from day to day, and
con rt lie aftena on 81 absent M ubers
Fec o. Each House shall keep Journal If its proceed
irgs and pit bsh them the yeas ana Of the
any question fhs at the desire Of any 70 of them
he entered On the journals.
Sec T. Each House may determine the rules Of ITS pro-
eeeoing punish its members Tor disorderly behaviour
arc with the concurrence OF two'birds expel member
but not second lime for the offence.
FEC 8. When yacanci.s happen In either House, the
Governor the perfou exercising the power OF Governor
IL ali isfue wits cfelecon ia fill such vac snces.
see Q. Senators and Representatives shall in all
except treason felony breach Of the peace be pris
legtd ON arrest curing the session Of the General As
So ntly and in going " and returning from the
and or npy spe. debate ri her House they shall
not he Questioned In any other place.
The debaie on Mr. Smiths resolution Of destruction to
the vsrious mn ie.s $50 frame their work having In
view an immediate organization Of state government
was re- uned al the ev ming session
Mr. DEAHAY opens The de 1ate in speech against
inm. diate organization, and in favor OF non-commtts
e"bsi ution Az Mr. Heahsy is the representative of
tie Iatir al admins'ra ion In kansas his views the
becs tI.ned VI here entitled to consdera
dor.
Or. CtTTR young man of great spirit and considcra
bic talent, supper 60 an immedia organization.
Mr. PARROT, If leayenwoIth, succeeded. He made one
OF h,s lapTiest Efforts.
Mr.. s,rrY1R supported hun, and ably folio ned in
tie same line Of gum n by DR.. ROBINSON.
Mr.. LANE closed the evening session.
Nov <
The convention went into Committee Of the Whole on
the report Of he Committee Jurisprudence A. amend
Soc l. The General Assembly ut IT, frat session. shall
constitute three commissioners whose duty IL sha be 10
revise re,Im, simplify ard abridgs the rules practice
peadings forms AID proceedings ofbe Courts OF Record
Of u is tate and TO proviie far IS practicable an
esIedsnt that justice shall be administered by nteig
bic and uniform proceedings without any distinction be-
tween law and equity.
Sec .. The proceedings of the commissioners shall be
reported 10 he General Assembly and 70 subject TO the
action OF that body and such commits ion sh III rmn
upon the rendering Of the report, unless otherwise pro
,ideo by law.
Py ths article 1t will be seen that chancery business is
dyed in this Law courts that John Doe and Richard Poe
hav. been excluded the Territory and that hall
Of The fees usually paid to lawyers under the old practice
viii be saved to the unprofessona community. Good
for Karfas.
Mr. Goopv offered the following resolution:-7esolved
by this convention that pecial committee Of i've bs
appointed with Instructions to- report plan to secure
and protect the rgh's married women.
After few ks this subiec' by Messrs Goodin
Schuyler aud Smith who spoke in favor OF IT, and by
Messrs. Hnnt and Hunting who opposed it, Committee
the Rights Of Married Women appointed by the
chair.
By Mr.. DoDGE-Resoved, That the frst Legislature be
required to locate the seat OF on
unoccuped land and that the proceeds Of te sales Of
tad land be applied to tho erection OF State buildings
school purposes.
This resolution made the special order for Tuesday,
at 2 o'cl.ck r. N.
BY Mr.. kLo1z--Resolved, That when this convention
adjourns it aijourp To meet on the 4th day March
next; and that II shall be the duty Of the convention
n met, H. in heir opinion they deem IT. eypedent T.
fix time for the election o, all officers provided tor In
the constitution that they sha have power to sd-
journ from time 10 time unit, such objec: he .nes'ed
Resolved That the above oluiion be- with the con-
stuop submitted to the people OF this State for their
adoption.
Laid en- the table. .
Nov. 8, 1865.
Ills af erpoon has been spent in debating resolution
mt oouecd by Mr. klotz declaring that when the
ventioR adourns II adjourn to mret the fourth day
ysrch next and that |, duty that time II sxpe-
d nt TO fix day for such elections provided for
Ia the constitution.
As this resolution involved the question Of iedi re
organization, pr ,dued good del Of talk bat set
sIseh excep., perhaps, the remarks OF Mr. Klotr Of
tawnee.
The report Of the Committee on Appointments was
- IA. IT,