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APRIL, 1822.


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Mr. Burton made some further remarks. All mentality of this law, which you are now about legislation, he said, went upon this principle: that, to repeal. He hoped the House would pause and by possibility, agents may be dishonest, and it is reflect before they decide; and, for the purpose of therefore necessary to have some security against affording time, he moved that the bill be posttheir being so. This security the Government of poned to the first day of the ensuing session of the United States could not take of the Vaccine Congress. agent. It was because this Government cannot, Mr. WBIPPLE, as one of the committee which and the State governments can, properly regulate reported this bill, gave the House his reasons for this matter, that he wished this law to be repealed. favoring it

. He paid a tribute of respect to the moMr. Condict said, he apprehended the House tives of the act of 1813, establishing the Vaccine were about to act hastily, in repealing a law that agency; but did not think that the views of the has been in operation since the year 1813, and authors of it had been realized. He stated the acwhich was enacted with due deliberation. In tual operation of the act, which had been to tax Europe, such is the confidence in vaccination, as the people at large for the profit of the agent, who a prevention of small pox, that the Governments drew it from them by virtue of the monopoly compel their subjects, under severe penalties, to which Congress had thus granted to him. It was be vaccinated. But, under our free Government, in evidence, before the committee, that, under the no compulsory measures can be resorted 10; and Vaccine agency, something like forty-five thouhe agreed with the gentleman from North Caro- sand dollars had been drawn, by the agent, from lina, (Mr. BURTON,) that the State governments different quarters of the Union. From all the facts, are the most competent to legislate upon these and comparing the benefits received with the cost, subjects. We may, however, lend the aid of this &c., Mr. W. said it was doubted by the commitGovernment by the appointment of an agent to tee, whether the institution had produced any real furnish an ample supply of vaccine matter, and benefit to the country. From inquiries made by distribute it to those who may apply through the the committee, it appeared to them that comparaPost Office Department, free of postage. When tively little good had proceeded from it; and that the law now proposed to be repealed was first individual interest would do more on this subject enacted, in 1813, it was the opinion of many re-towards the promotion of vaccination, the preserspectable members, that the best plan would be lovation of maiter, &c., if left free to all, than could give the agent a salary to compensate him for his be done by any legislation by Congress. If the services, and cause him to distribute the matter institution were to continue, the committee were gratuitously to every applicant. Others, however, of opinion that the law ought to be modified, &c., doubted the Constitutional power of Congress to so as to make the agent more responsible for the apply the public money in this way, and the law performance of the duties understood to be denow proposed to be repealed was passed. While volved upon him by it. he would applaud the deep interest and solicitude Mr. Wright adverted to the inconveniences exof the gentleman from North Carolina, for the perienced before the discovery and general diffuhealth and lives of his neighbors, he would ask of sion of vaccination, to show how important it was the House to pause and reflect, before they decide, to cherish and protect it. He reviewed the evils under the excited feelings of a moment, to lessen of the small pox, and the great blessing, comfort, public confidence in the efficiency of a remedy and cheapness, of vaccinalion, as a preventive. against the greatest scourge which was ever vis. He expressed his doubts, indeed, whether the small ited upon the human family. Would it not be a pox had been sent to North Carolina by Dr. Smith, matter worthy of inquiry, whether, instead of re- who had every motive to prevent his sending it; pealing the law, and thus subjecting the people to and thought it more likely to have been introduced ihe additional expense of postage, it would not be by the North Carolina doctors, whose interest it better policy to modify the law so as to authorize was to have the people as sick as they could be. the appointment of an increased number of agents The nation, he concluded, was bound to diffuse in different parts of the country for the more ex- such a blessing as vaccination by every possible tensive diffusion of the benefits of vaccination ? means; and he therefore hoped that this bill would Would it not be good policy so to regulate the not pass, but that another agent would be apArmy and Navy, as to compel every new recruit, pointed, &c. every cadet in the Academy, and every midship Mr. Top asked, whether it was not a fact that man and marine in the Navy, to be vaccinated ? a question had been raised as to the efficacy of vacThe President of the United States has already cination ? Whether there were not some doctors, dismissed the agent, in consequence of the violent or quacks, who pretend that vaccination is wholly prejudices against him, growing out of his unfor- useless? He knew, he said, that there were peotunate mistake in sending the small-pox virus to ple in this country who went about preaching to North Carolina. Is not this a sufficient punish- that effect, and that the old fashioned small pox ment for a single error ? And who among us was the only thing at last. Now, if you repeal claims exemption from error? Who among us this law, said Mr. T., will it pot be supposed ihat does not claim the privilege of being mistaken ? the whole Legislature has lost confidence in vacMr. C. said, he would venture to assert that fifty cination? He asked another question-whether thousand souls at least, and more, probably one vaccination had not, since its introduction among handred thousand, have received from this agent us, saved a great many lives? Whether there did the benefits of vaccination, through the instru-I not die of small pos, before the introduction of

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Appropriation Bill.

APRIL, 1822.

vaccination, more persons in six months than now said, was instituted to collect revenue, to provide die in ten years? If this question was answered for the public defence, and pay the public debts. in the affirmative, he would ask another-whether How far it had departed from that limited sphere the question of the repeal of the act establishing of action he would not now inquire, but it was the Vaccine agency be not a very serious one? certainly at fault when it undertook to regulate He knew that Congress could not compel an agent any part of the practice of medicine. After some to perform the duties, by punishment for failure, other remarks, Mr. E. said, in conclusion, that it &c., but, he asked, if the accident had not bap was very important that the medical faculty should pened in North Carolina, should we have ever be taught to take and preserve this maiter, and heard of the repeal of that law? If so, ought the that they never would do so unless this agendy was House, from a momentary irritation, to repeal the abolished. law? If we are to legislate on this principle, said Mr. Wood professed himself satisfied that the Mr. T., it is very well we have not authority to General Government ought never to have underregulate steamboats'; for, not long ago a steam- taken to legislate on this matter, and that the act boat burst her boiler on the Mississippi or the Ohio, establishing the agency ought to be repealed. and killed or wounded sixteen persons. A horri The question was then taken on postponing the ble accident! And if this House had had the bill to the next session, and decided in the neg. power to regulate steamboats, and any member ative. from the West had moved, in consequence of this The question recurred on the passage of the accident to his constituents, to prohibit their use al- bill, and was decided in the affirmative-yeas 102, together, Mr. T. contended it would have been nays 57, as follows: just as reasonable as to pass this bill, &c. He re YEAS—Messrs. Alexander, Archer, Barber of Con. peated the idea that Congress ought pot, at this necticut, Bassett, Baylies, Blackledge, Blair, Breckmoment, to throw its authority into the scale enridge, Brown, Burrows, Burton, Butler, Cambreagainst vaccination; and he therefore hoped the leng, Campbell of New York, Campbell of Ohio, bill would not pass.

Cannon, Cassedy, Chambers, Cocke, Conkling, ConMr. Burton said, that no one doubted the effi. ner, Crudup, Cushman, Dane, Darlington, Denison, cacy of vaccination. It was believed in before Dwight, Edwards of Connecticut, Edwards of North the act of 1813 passed, and would be equally con- Carolina, Eustis, Findlay, Floyd, Garnett, Gilmer

, fided in after its repeal.

Gist, Gross, Hall, Hardin, Harvey, Hill, Hobart, Hol

combe, Hooks, Hubbard, F. Johnson, J. T. Johnson, Mr. Eustis briefly delivered his sentiments on the subject of the bill. He was opposed to the McLane, McNeill, NeSherry, Matson, Mattocks, Met

Jones of Tennessee, Keyes, Leftwich, Long, McCarty, postponement, because the office of agent being calfe, Mitchell of Pennsylvania, Moore of Pennsylvania, now vacant, the question to abolish it could be Moore of Alabama, Murray, Nelson of Massachu. decided on the abstract question of its utility, with-setts, New, Overstreet, Patterson of Pennsylvania, out reference to the individual filling it. The Phillips, Pierson, Pitcher, Plumer of New Hampshire, whole subject of vaccination, he said, was always, Plumer of Pennsylvania, Rankin, Reed of Massachuin his opinion, one of those which are best left to setts, Reid of Georgia, Rich, Rochester, Ross, Rus. the States, the medical faculty, and the people. sell, Sanders, Sawyer, Arthur Smith, Alexander The motives of the law, he knew, were benevo- Smyth, J. 8. Smith, Stevenson, Stewart, Swan, Tatlent, and he would not say that it might not have nali, Tomlinson, Tucker of South Carolina, Tucker had some little beneficial effect. But it constitutes of Virginia, Upham, Van Rennselaer, Van Wyck, a monopoly, and discourages medical men, who are Walker, Walworth, Whipple, Williams of North acquainted with the subject, from exerting them- Carolina, Williams of Virginia, Williamson, Wood, selves in promoting vaccination. The very reason Woodson, and Worman. that had been urged for retaining the agency, viz.,

NAYS— Messrs. Baldwin, Ball, Barber of Ohio, that this agent would preserve the vaccine matter Bigelow, Borland, Buchanan, Colden, Condict, Cook, when others would not

, was the very reason why Crafts, Cuthbert, Durfee, Eddy, Edwards of Pennhe objected to it. All physicians ought fully to sylvania, Farrelly, Gebhard, Hawks, Hendricks, Jackunderstand the subject; and they will make it their son, Kent, Lathrop, Lincoln, Litchfield, McCoy, Malbusiness to do so when it becomes their interest, Montgomery, Moore of Virginia, Morgan, Nelson of

lary, Mercer, Milnor, Mitchell of South Carolina, by the abolition of the present monopoly:,, If the Maryland, Nelson of Virginia, Newton, Patterson of exclusive care of it be given to one, it will never New York, Poinsett, Reed of Maryland, Rhea, Rogers, be generally understood. In the general doctrine Russ, · Ruggles, Scott, Sergeant, Sloan, s. Smith, of the efficacy of vaccination, all Europe and this Sterling of Connecticut, Sterling of New York, Stodcountry were agreed. There is, however, in man Jard, Taylor, Tod, Tracy, Vance, Warfield, White, a propensity, when a thing is done to his hand to Whitman, Woodcock, and Wright. take it as he finds it; and our physicians, there So the bill was passed, and sent to the Senate fore, have not of late sufficiently attended to this for concurrence. important subject. The very debate of to-day shows that this ought never to have been a sub

APPROPRIATION BILL. ject of legislation. It is professional entirely; and The amendments proposed by the Senate to it could not be expected that the President should the bill

, entiiled "An act making appropriations be competent to select for the agency, if suffered for the support of Government for the year 1822," to continue, the person best fitted for it by profes- were read, and committed to the Committee of sional acquirements. This Government, Mr. E. I the whole House on the state of the Union.

APRIL, 1822.

Appropriation Bill.

H. OF R.

a course.

[Mr. TRIMBLE made an attempt to get the bill and at the same time to appropriate another sum for erecting toll-gates on the Cumberland Road, to run a line between that country and this, under referred to the same committee, but failed.] authority of a treaty with Spain, from which we

The House then went into a Committee of the admit that province has been severed. He thought Whole on the state of the Union, on the aforesaid it would almost render us ridiculous to adopt such amendments.

He was also opposed to the measure, on The amendment by the Senate to appropriate the ground that it was an amendment which came $1,000 for the Public Library, was concurred in; from the Senate at a late period of the session; and the further amendment to provide for the and he referred to a similar case in the last year, usual payment to clerks in the Treasurer's de- in which the very existence of a treaty was unpartment being under consideration, and a letter known to this House, until it was called on, by having been read from the Secretary of the Treas- an amendment from the Senate, to make an apury, decidedly recommending the same, Mr. propriation for carrying it into effect. Mr. Ė. Cocks opposed the concurrence, on the ground also thought there would be no violation of good that the number of clerks had increased, whilst faith, on the part of this Government, in withthe extent of their duties had diminished. holding the appropriation, inasmuch as Spain had

Mr. TUCKER, of Virginia, and Mr. Smith, of omitted, for a longer time than the treaty stipulated, Maryland, expressed their sentiments in favor of to appoint the officer to accomplish that object. the concurrence, when the question was taken Mr. Fuller could see no advantage in making thereon, and carried—ayes 65, noes 46.

the appropriation, even should Mexico permit us The amendment to appropriate $40,000 for sur- to go on in running the line; but he thought there veying certain public lands in 1821, was disagreed was danger that, in attempting it, we should come to without discussion.

into collision with that Government. It seems to The amendment proposing an additional appro- be inviting a controversy which we ought to be priation to run the boundary line (to carry into most solicitous to avoid. effect the treaty) between this country and the

Mr. A. Smyth made a few remarks on the subdow, or late, dominions of Spain, being under ject, in the course of which he expressed the opinconsideration

ion that, whenever the line was run, it should be Mr. Cocks opposed the concurrence, on the in conjunction with Mexico, and not with Spain. ground that, if this appropriation should be made, Mr. Wood observed that a great part of the line a commissioner would doubtless be appointed for which was to be run, was between this Governthat service by our Government, whether he is ment and Texas; that Texas was a distinct provallowed to go on and perform 'nís duties or not; ince from Mexico-not under its present jurisdicand he thought it would be inconsistent with our tion—and we had no knowledge that it would own act, by which we had recognised the inde- finally accede to or connect itself with the new pendence of Mexico, to make at this time an ap- form of government which had been adopted in propriation to run a line under authority of a the late provinces. treaty, with Spain, when, by that act, we have Mr. POInsert contended that independent Mexsaid that she no longer retains any authority over ico would be bound by the line that should be run that province.

between that province and the United States, Mr. WALWORTH was also opposed to a concur- under our treaty with Spain; and he thought it rence, and, in addition to the remarks from the gen- was incumbent upon us to preserve inviolate the tleman from Tennessee, (Mr. Cocke,) he thought faith which we had pledged in that treaty. an appropriation at this time would be altogether

Mr. Cocke moved to amend the amendment, so unnecessary—and by the next year, should the as to provide that the commissioner and surveyor Mexican Government, having become tranquil- should not receive any compensation, until they lized and settled, agree to run the line between this should have entered on their respective duties. Government and that, it will then be time enough The motion prevailed; and, after further remarks to make the appropriation.

on the amendment of the Senate, as amended, in Mr. BURTON advocated the appropriation on which Mr. Nelson of Maryland, Mr. Floyd, Mr. the ground that the Government had entered into Rhea, Mr. Burton, and Mr. FARRELLY, particia solemn obligation with Spain to run the line, pated, the question was taken on agreeing to the and an agent for that purpose had been already same, and decided in the negative — ayes 57, appointed by the Government of that kingdom. noes 69. should Mexico interfere and prevent the execu So the House disagreed to the amendment of tion of that engagement, it would then become a the Senate, and subsequently to the amendments matter merely between Mexico and us. We have appropriating compensation to the Commissioner only to perform our engagements, and be hoped, of Public Buildings; increasing that of William especially under the circumstances of our present Elliot, an assistant employed in ascertaining the relations with the Spanish Government, that no longitude of the Capitol; and for repairs to the additional or real cause of complaint would be Cumberland road. given to that Power.

On the latter question a debate of some length Mr. Floyd remarked that he was not in the arose: in which the concurrence was advocated House at the time this bill was originally passed; by Mr. STEWART, and incidentally by Mr. TRIMbut he thought it very singular to appropriate á Ble, and opposed by Mr. Stevenson and Mr. sum for the recognition of Mexican independence, Baldwin.

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Military Appropriations.

APRIL, 1822.

The first amendment of the Senate to the pro- Affairs, to future operation, without reference to viso which directs a retention of salaries, &c., from the past. those who are in arrears to the Government, being Mr. LINCOLN opposed the amendment, on the under consideration

ground that, if such allowance should be refused, Mr. H. Nelson rose, he said, to vindicate the it would create the necessity of a special local character of this House and of the Chief Magis- agency, at great expense, to do those duties which trate of the country from the aspersions which he the Governor now performs. Mr. L. took an exunderstood were in circulation out of doors in ref- iended view of the subject, in the course of which erence to this subject. It had been rumored that he was called to order by the Chairman of the this proviso was introduced for the purpose of pre- Committee, as wandering from the point under venting the Chief Magistrate from receiving his consideration. salary, on the ground of alleged arrears in his Mr. Lincoln appealed from the decision of the account which accrued from his former mission Chair, and the decision of the Chair was overto the Court of France. To repel that imputation, ruled by the Committee. Mr. L. then pursued his so unworthy of the dignity of the House, he had remarks, and continued the debate for nearly an addressed a letter to the Comptroller of the Treas-hour, in support of the character and services of ury for information on the subject; from whom, Governor Cass, and of the inexpediency of adoptin reply, he had received a copy of the account ing the present motion. current with Mr. Monroe, which he wished might Mr. Gilmer replied to the remarks of the genbe read to the House, to show that no arrearages tleman from Maine, (Mr. Lincoln,) in an aniwere due from the Chief Magistrate.

mated speech of considerable length, and adverted The letter of the Comptroller was read by the with historical minuteness to the expenditures reClerk, and a letter from Mr. Monroe, with a reply, ferred to. He pointed out the abuses in the Iawere also presented to be read, when

dian department, which, in his opinion, required Mr. STEVENSON rose, and said, he thought the correction; disclaimed any personal reference to reading was superfluous. He was satisfied on the Governor Cass, but directed his observations to subject, and had heard no whisper of such a rumor the system under which he acted. as his colleague had mentioned.

Mr. Floyd was in favor of the motion, and A number of gentlemen of the House also dis- submitted a variety of observations on the general claimed having heard any such rumor.

policy of the Indian department, as it had been Mr. Cocke averred, that, when he made the hitherto conducted. In the course of his remarks, motion, he had no reference to any individual of he said that all the Indians east of the Rocky the whole human family. He was led to it from Mountains, did not exceed, (according to the examining the published list of unsettled balances. Missionary accounts,) 260,000. A vast propor

Mr. Nelson said that he was far from imput- tion of these, the United States had no intercourse ing the origin of the rumor to any member of the with. Of the residue, Major O'Fallon, on whose House; and it was only for the purpose of vindi- activity, fidelity, intelligence, and zeal, he thought cating the character of the House from such an as much reliance could be placed, as on those of imputation that he had addressed the Committee any other Indian agent, had charge of no less on the subject. Mr. N. insisted upon the reading than 42,000 at the Council Bluffs. Yet this Govof the letters, on which a question of order arose, ernment was charged with the expense of supand the reading was decided to be not in order. porting a vast number of agencies, where the

The question was then taken on agreeing to the number of Indians superintended was comparaamendment of the Senate, and lost.

tively very small. Mr. F. also adverted to the A subsequent amendment of the Senate to the nature of the claim now made on the House. same proviso, stipulating that it should not extend Formerly, he observed, the House of Representato such defaulters as became so by the deprecia- tives were inquired of, Whether, if a treaty should tion of Treasury notes, was agreed to.

be formed, they would make appropriations to The Committee then rose, and reported their carry it into effect. Now, the language of the proceedings.

Senate was—we have made a treaty, and you In the House, the respective amendments agreed must appropriate the sums which we have rento in Committee of the Whole were agreed to; dered necessary to coniply with it. Mr. F. utterly and the disagreements to the amendments of the disclaimed any personal reference to Governor Senate, which the Committee of the Whole had Cass. reported, were also confirmed.

Mr. Vance made a spirited reply to the obser

vations that had been made with respect to the MILITARY APPROPRIATIONS.

Governor of Michigan. He adverted to the The House then resolved itself into a Commit- Cherokee agency, (Mr. Crowell's,) where $1,800 tee of the Whole on the state of the Union, on was given to the agent, which was within $200 the bill making further appropriations for the mil- of the whole sum that Government was willing itary service of the United States, for the year to allow to Governor Cass for exercising the du1822.

ties, not only of Indian superintendent, but of The question recurred upon the amendment of Governor of ihe Territory of Michigan. He also Mr. Ross to the amendment of Mr. Cocke, lim- alluded to the dearness of living at Detroit, which iting allowances to the Governors of Territories he said was as expensive as at Florida, or any for extra services as Superintendents of Indian other point of the Union. He took an extensive

APRIL, 1822.

Compensation Bills.

H. OF R.

and comparative view of the Southern and Nor- MALLARY's motion, viz: to lay the bill on the thern Indian agencies, and thought the latter were table; and the bill was ordered to lie on the taas little chargeable with extravagance as the ble. former.

A message from the Senate informed the House On motion of Mr. Baldwin, the Committee that the Senate recede from the third, sixth, sevrose, reported progress, and obtained leave to sit enth, and eleventh of their amendments to the again.

bill of this House, entitled “ An act making ap

propriations for the support of Government for WEDNESDAY, April 24.

the year 1822 ;” and insist on the fourth, fifth,

and ninth of their amendments to the said bill. Mr. Smith, of Maryland, from the Committee The Senate have passed bills of this House of the of Ways and Means, reported a bill to provide following titles, to wit: An act restoring to the for annuities to the Oitowas, Pottawatamies, ship Diana the privileges of a sea-letter vessel; Kickapoos, Choctaws, Kaskaskias, to Mushala- and, An act making appropriations for the public tubbee, and to carry into effect the treaty of Sag- buildings, with amendment. They have also anaw; which was read twice, and committed to passed bills of the following titles, to wit: An aet a Committee of the Whole.

for the better organization of the District Court Mr. Newton, from the Committee on Com- of the United States, within the State of Louismerce, to which was referred the bill from the iana ; An act for the relief of Clarence Mulford ; Senaté, entitled “ An act to authorize the building An act for the benefit of Thomas Pendergrass ; of lighthouses therein mentioned, and for other An act for the relief of John Baptist Belfort and purposes," reported the same with amendments; others; and, An act for the relief of Daniel which were committed to a Committee of the Cooper ; in which amendments and five bills they Whole.

ask the concurrence of this House. Mr. HARDIN, from the committee appointed on the 18th of February last, to inquire what re

COMPENSATION BILLS. trenchment can be made in the expenditures of Mr. Hardin then moved, according to notice, the Government, further reported, in part, a bill to discharge the Committee of the Whole from 10 reduce the annual compensation of certain the further consideration of the three bills reported officers of Government; which was read twice, by the Committee on Retrenchment, so as to bring and committed to a Committee of the Whole. them, and particularly the Congress-pay bill, im

Mr. Alex. Smyth, pursuant to notice, asked mediately before the House. leave to introduce a bill to allow persons not re Mr. Long hoped the Committee of the Whole siding within the District of Columbia, and would not ebe discharged from the further conagainst whom judgments shall have been obtained sideration of the bill. For, said he, if it should therein, the benefit of the law for the relief of in- now be taken up, he thought it would be disposed solvent debtors, in like manner as the same is of in about the same way that most of the bills allowed to persons residing within the same Dis- have been that have been reported, and been before trict.

us this session, acted upon in part, and left with Leave was given, and a committee of three was the unfinished business. He presumed it was the appointed thereon.

object of the committee that reported that bill, Mr. Kent moved for the consideration of the to go into a general retrenchment. It was also bill from the Senate, to authorize the corporation the object of this House, he believed, and not to of the city of Washington to drain the low grounds, stop at merely reducing the pay of the members, and to ornament the public reservations in the clerks, and doorkeepers, of this House. He hoped said city.

we should have the whole plan of retrenchment The House agreed to consider the same. in view, when it should be taken up, so that we

Mr. MALLARY rose, and made an exposition of may adopt a just and equitable system of retrenchdifficulties which, in his view, stood in the way ment. If this bill should now be taken up, he of this bill. The first was, that the bill contem- believed that we should neither finally act upon plated an important change in the plan of the it, nor any other, this session. He therefore hoped city, which might have a material effect on the that the few remaining days of this session would public property; and the other was, that it went be occupied in acting upon some of the bills that to affect the contract between the United States have been for so long ihe orders of the day for and the original proprietors of the ground on “to-morrow," and that we should not be quite all which the city stands one of the conditions of the session preparing business, and finally acting which was, that the ground which it is proposed upon none. by this bill to sell out for building lots, should be Mr. EDWARDS, of North Carolina, said, the subreserved for public purposes, or remain forever va- ject of their own pay ought not to engage the cant; and that to devote it to other purposes, House in a very long discussion. It was a subject would give them a claim to indemnity, &c. These on which he presumed every man had made up considerations, he argued, ought to induce the his mind. He submitted to the House but this House to hesitate in deciding on it. He therefore one observation : if the House was disposed to moved to postpone the bill to the first day of the reduce the pay of members of Congress, it would next session of Congress.

be much more becoming in the members of this A motion was made, which superseded Mr. House to undertake that task for themselves, than

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